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proving ownership of my dog in small claims

Discussion in 'Other Legal Issues' started by Cole Fredericks, Jun 9, 2018.

  1. Cole Fredericks

    Cole Fredericks Law Topic Starter New Member

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    Jurisdiction:
    Idaho
    So my girlfriend and I broke up and we bought our dog together in cash during our relationship. She moved, took him with her and will not let me see him. I have vet records, vaccination records from the previous owner, a bill of sale in my name with signatures, he is also licensed in my name. I am in contact with the previous owner as well, would I be able to draw up a legal pet adoption contract with them to prove I have ownership and get my dog back?
    Thank you
     
  2. army judge

    army judge Super Moderator

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    Pets aren't human beings.
    Pets are property.
    You own the property, the dog, which you can prove with your bill of sale.

    You can ask the police to meet you at the dognapper's house, so you can retrieve the property she stole; your dog.

    The cops MIGHT agree, or tell you no, you have to go to court and sue the thief for the value of the dog.

    Good luck.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    You could do that but it wouldn't prove anything because it wasn't done at the time you got the dog.

    Your receipt and other documents may suffice.

    However, here is your problem:

    Note the use of the words "we" "our" and "together."

    Will you go to court and lie to the judge by denying that statement?
     
  4. Cole Fredericks

    Cole Fredericks Law Topic Starter New Member

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    I wouldn't deny it and I would be honest but everything is in my name, bill of sale and licensing.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    The intent was to share the dog regardless of whose name is on the paperwork.

    What are you prepared to do?
     
  6. Cole Fredericks

    Cole Fredericks Law Topic Starter New Member

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    I'm willing to go to mediation and figure something out. If that doesn't work or if she says no, then I will go to small claims. I'm hoping I have enough information and get my dog back.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    OK, then you know what you need to do.
     
  8. zddoodah

    zddoodah Well-Known Member

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    Who are "them"?

    Regardless, some after-the-fact "contract" that you draw up isn't likely to prove anything.

    That the license and bill of sale are in your name is probably the best evidence for you, but the first thing you wrote was that the two of you bought this "dog together." My guess, then, is that licensing and putting the bill of sale in your name only were simply matters of convenience.

    You are, of course, free to sue in small claims court and see what happens. Or you could just move on and get a new dog.
     

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