How do I get my dog back? Help please!

[KaraMc]

I have a problem! I have a 1½ year old Chihuahua and my ex-boyfriend will not give her back. I broke up with my boyfriend in August. We agreed to trade her off every two weeks. Today was my day to go pick her up. He called me on the phone and said, "I'm sorry, I'm not giving her back." What should I do? Will my case win if I file a lawsuit? Here are some details...

My ex is 23 years old, he has no job, no car, and he lives with his parents.

I'm 19 years old, I have a car, and I have a job, and I live with my mother.

He bought me the dog as a gift in May 2004.

The dog is registered with the American Kanine Association, and he is on the papers as the owner and I am on there as the co-owner.

At the veterinarian, my ex is listed as the owner in their computer, and the dog has his last name.

I have paid for 90% of the vet bills. (getting the dog fixed, her immunizations, heart worm medicine, other medicines, check ups, etc.)

He used to live with me during the weekend and went back home during the weekdays. The dog lived ONLY at my house for 1 year because his parents refused to let the dog stay there when my boyfriend would go back home. His parents just recently started letting the dog stay over when he would go home on the weekends.

I have bought her everything she owns. I have paid for food, toys, treats, clothes, collars, leashes, bedding, EVERYTHING.

Her bed/crate and most of her stuff is located at my house.

... Who would win if I filed a lawsuit?

 

[Duranie]

A small claims court likely will not order the dog returned. You can sue him for the dogs value, that is about it.

Dogs are not treated like kids when a break up happens. If you really want the dog back you can see an attorney, and see what legal opptions you have, but you might not have many.

 

[Michael Wechsler]

I have a problem! I have a 1½ year old Chihuahua and my ex-boyfriend will not give her back. I broke up with my boyfriend in August. We agreed to trade her off every two weeks. Today was my day to go pick her up. He called me on the phone and said, "I'm sorry, I'm not giving her back." What should I do? Will my case win if I file a lawsuit? Here are some details...

My ex is 23 years old, he has no job, no car, and he lives with his parents.

I'm 19 years old, I have a car, and I have a job, and I live with my mother.

He bought me the dog as a gift in May 2004.

The dog is registered with the American Kanine Association, and he is on the papers as the owner and I am on there as the co-owner.

At the veterinarian, my ex is listed as the owner in their computer, and the dog has his last name.

I have paid for 90% of the vet bills. (getting the dog fixed, her immunizations, heart worm medicine, other medicines, check ups, etc.)

He used to live with me during the weekend and went back home during the weekdays. The dog lived ONLY at my house for 1 year because his parents refused to let the dog stay there when my boyfriend would go back home. His parents just recently started letting the dog stay over when he would go home on the weekends.

I have bought her everything she owns. I have paid for food, toys, treats, clothes, collars, leashes, bedding, EVERYTHING.

Her bed/crate and most of her stuff is located at my house.

... Who would win if I filed a lawsuit?

A small claims court likely will not order the dog returned. You can sue him for the dogs value, that is about it.

Dogs are not treated like kids when a break up happens. If you really want the dog back you can see an attorney, and see what legal opptions you have, but you might not have many.

Duranie might be correct. Small claims court is usually a court of "limited jurisdiction" which means that it can only do certain things. It usually won't get you back property. However, I just found this regarding a small claims court in Virginia:

http://www.courts.state.va.us/pamphlets/small_claims.html

"The "jurisdiction" of a court is the power of that court to hear and decide a particular type of case. The small claims court has jurisdiction over civil cases in which the plaintiff is seeking a money judgment up to $2,000 or recovery of personal property valued up to $2,000."

My advice to you would be to find out the rules of the small claims court in the county that you will be suing in (the one where the defendant is located.)

 

[sweetsmokeolena]

dog gone

ok if you are listed as co-owner on the papers you OWN HALF of the dog as per the AKC rules and policies(which most if not all courts hono as proof of ownershipr). There can be NO transfer of ownership UNLESS YOU SIGN OFF.. so order your copy of the REG.papers and take him to court for his half. then arm yourself with ads for that Breed and he will have to pay you half the value to keep the dog.
But if he decides you get to keep the dog,you will most likely have to pay him.
It seems as if he is keeping the dog out of spite,if it threatens his wallet, I bet he would give it up in exchange for a bit of cash in his pocket..Yea sure it will cost you a bit more but you asked for options..
OR you could dognap it,then he woiuld have to take you to court and prove it is his.
either way you would have to pay him your half as you are co=owner.
GOOD LUCK

Oh and next time GET IT IN WRITING. ..then you would just march into court with your" contract" and sue him.[sorry but true]