Question of Replevin

[Bxkid]

Jurisdiction

Florida

My mother was watching my dogs. They got out of her yard and were brought to vets office. The dog in question had an original owner whose microchip was found 1st and notified. We contacted the vet and then they scanned and also found our microchip. The vet was told by animal control to give the dog to the 1st owner. We have been the owner for about the past 2 years. We were given the dog by a previous owner, but not the 1st owner. When we brought the dog originally to our vet the dog was scanned for microchip but found nothing so we microchiped the dog. We have treated him for hookworms, put him on flea prevention and heart guard and neutered him. We have also replaced our fence and modified it to prevent escape by the dog. I was to by a friend to file a Replevin but not sure how to and what I would need to win. Ultimately we just want our family dog back. My wife, 2 little girls, other dog and myself all miss him.

 

[adjusterjack]

Did you talk to the 1st owner about getting your dog back? How did that go?

Check out the Florida small claims rules. See paragraph (e) on Page 7, and Form 7.336 on Page 35, which you might also be able to get (along with instructions) from your local small claims court or its website.

https://www.floridabar.org/wp-content/uploads/2017/04/small-claims.pdf

 

[mightymoose]

I agree your best bet is to contact the original owner. If they do not want the dog then you might get too keep it.
If they have been missing their lost dog and want it back then you are out of luck. Be happy that you were able to care for the dog while it was missing and gave it a good home. Your property is now set up for the addition of a new dog who needs a home. There are many who would love for you to give them a chance. When you are ready visit your local shelter.
I would not bother with lawsuits. It simply was not your dog. You got a tough break that the chip was missed on the initial scan.