Getting my Dog back

[dblsjk]

My fiancee was arrested, dog was left in care with his mother who agreed the dog would be taken care if til fiancee came home.

After a week on telephone conversation she said she gave dog away. Fiancee got upset and get told him she got dog back. So if I wanted him to come get him

I got deputy to go with me to get our dog. She had not gotten dog back. She told deputy where she took him. We went to get him.

Woman gave dog away too. She was a former friend of mine. She knew dog was mine. Officer told her she had a couple of days to get dog back or give names of where he is.

2 weeks later nothing and officer says my fiancee has to work it out with his mother and i have nothing to do with it since dog was in his care when he was arrested.

Fiancee has given me power of attorney......is there something i can do. I want my baby back!

 

[ElleMD]

Why didn't you have your own dog?

 

[dblsjk]

I Was not there when he was arrested and his mother was. It is my own dog as well as my fiancees we've had him since he was 4 weeks old he's now 1 1/2 years.

 

[ElleMD]

It is still not clear why even if you were not physically at the house when he was taken into custody and his mom was, why immediately upon your return from work, errands, whatever, you didn't go get the dog if it was yours.

If the dog was joint property, then it is not just yours. I assume by "yours" you mean you paid for the dog and the dog is registered to you. Having lived in the same dwelling for a year does not confer ownership.

 

[dblsjk]

I living at my moms which is 2 blocks away. She wanted to care for him cause she loves him too and i have our other lil dog.Thars all beside the point my fiancee has signed papers to the fact he wants dog in my care and i even have power of attorney to act in his behalf.

 

[ElleMD]

Power of attorney does not typically give you rights to his property, it just enables you to make limited legal decisions on his behalf. His signing a random piece of paper stating you should have the dog means little to nothing.

If it truly is your dog, aside from the fact that you should have been caring for it if it meat so much to you, you will need to take this to court. Most likely small claims court. Be prepared to show that it is legally your dog and explain to the satisfaction of the judge how the dog was not a gift to the mother.

 

[dblsjk]

Yeah the couple we bought the dog from lives next to me. I have receipts, they are my employers. And the letter he wrote was in front of deputies and had it notierized at the sheriffs office. And 2 recorded phone conversations verify she was just caring for the dog. But instead of bringing him to me or calling me to get him she gave him to some random meth head who can't even take care of her own kids. So she gave him to her drug dealer. As it stands...she won't give the info. on who she gave the dog too.

 

[ElleMD]

A notarized statement only means he is the one who signed it, not that it has any legal bearing as a contract. If you don't know who has the dog, how do you know it was some meth head who can't take care of her kids? Clearly you do know who got the dog.

Fact remains, you are still going to need to prove it is yours, the dog was not a gift, and file in court for the dog or more accurately, the value of the dog.

 

[dblsjk]

His mother gave him to the woman who gave him to her drug dealer. Everyone around here knows that. She told me and an officer she had the dog and gave him away. I have receipts showing me and my fiancee are the owners. All we need is for the woman to tell us who she gave booboo too.

 

[Betty3]

If she will not give out the name of her drug dealer who she gave the dog to, this will probably have to be settled through the court system.

 

[army judge]

His mother gave him to the woman who gave him to her drug dealer. Everyone around here knows that. She told me and an officer she had the dog and gave him away. I have receipts showing me and my fiancee are the owners. All we need is for the woman to tell us who she gave booboo too.

You can't make her name the person to whom she gave the dog.
She may not even know the person's name.
If he is a drug dealer, I doubt she'd be stupid enough to say she knows the person's name.
If you sue her in small claims court, a small claims court judge can't compel her to name and shame, either.
All she has to do, if she's pushed is say, under oath, if asked, "I don't recall his name."
She might also say under oath, "The dog ran away."
Even if she says she gave it to "Dope Dude", all "dope Dude" need say, its not true.
I see recourse for you, madam.