when a foster transfer onwership to a rescue for my dogs

  • Thread Starter westtexaswolfpack
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westtexaswolfpack

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Jurisdiction
Ohio
It all started when I needed to board my canines with someone, so i could make some living situation adjustments. The day of me taking my canines to the foster, he took it upon himself to surrender them to a rescue here in ohio. With 24 hours I contacted both parties and asserted my right to my animals and I would make other arrangements. The foster said his canines at his house werent getting along, so he had his friend the owner of a rescue take them. I explained to the foster, that wasnt the agreement and I needed my canines back. SO i contacted the owner of the rescue and he stated he didnt know anything of what I talked about and he would talk to the foster. the following morning I called and texted him, telling I would be coming to pick up my animals. He replied I needed to talk to his attorney.

After a letter from an attorney informing him of his rights as a bailment in this case, he still refuses, so I have filed a replevin and have a court date set. The question is how should i approach the majestry. I have photos and social media, dog license and friends that can verify my ownership. How should I approach the court and what are my odds of reclaiming my guys?
 
How should I approach the court

The same way you've explained it here.

what are my odds of reclaiming my guys?

No crystal ball here. You'll just have to do the best you can.

However, I can see a couple of issues for you to think about.

Did you include the "foster" person as a defendant? He's the one who did wrong.

The rescue service didn't wrongly obtain your dogs so I don't know how far you will get in a replevin case.

Did the rescue person give you any reason for not returning your dogs to you?
 
The owner of the rescue was with the foster at the time of pick from me, I really didnt think to ask who the person was. In this case I couldnt get a judge to issue an order to have the foster to be served cause the foster is lives in Tennessee. The rescue owner said that he wasnt releasing them to me because he was told by the foster they we're given to him and he didnt feel he had to give them back to me, before the replevin was issued, the rescue had cared for them for 5 days requested i pay for the care of them which he said cost him 550 per animal. I told him to give them back with 24 hours and he refused, so for him to hold them ransom like this, so he can get money, is absurd. So to repling to your statement "he didnt do anything wrong" he was there at the time of transfer, he recieved the canines within a 12 hour period. So, I think he didnt know what was going and the intentions.
 
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