my mother in law has been looking after my and hubbys dog for a couple of months due to landlord any way to cut long story short i moving into a new place where i can keep her but my mother in law wont give her back.
she is microchipped under my name etc. what a my rights to get her back?????
2007-05-12 17:35:07 · 10 answers · asked by mrs nevz 3 in Politics & Government ➔ Law & Ethics
i have tried talking to her she is so immature, she only wants to keep my dog because she had a fight with her son (my husband)
2007-05-12 18:10:14 · update #1
Answer: Go to small claims court, the evidence is one your side. When you win and she still refuses, you know have a court order which you can have enforced by the local sheriffs department, they will come and ensure you get her. - you generally dont need a lawyer for small claims, just have ALL the evidence ready in court - previous vet bills, evidence of the microchip, letter from former landlord about 'no pets', other witnesses, anything relevant you can think of.
The basic issue here is: You never gave up ownership of the dog, you gave it to her to keep in trust - she had legal possession, but you retained ownership. Think of this like a landlord-tenant situation - the landlord keeps ownership of the house, but you have legal possession. You could not keep the house saying its yours simply becuase you possessed it, the landlord has better evidence in the form of land title, etc -and would surely win in court.
- Im sure you thought of this, but have your husband press her to return it, and have him go and retreive the dog himself. What Im trying to say is that the small claims court is a better option only if your husband is 100% behind you and using the courts wouldnt put a strain on your marriage.
2007-05-12 18:32:34 · answer #1 · answered by Simon H 3 · 1⤊ 0⤋
Before going to small claim's court, contact your local police. They may be willing (they do not have too - it's a civil matter) to go out and explain to your MIL that she cannot/should not attempt to keep your dog. If she is seeking $ due to feeding the animal, etc., while in her care, then offer to settle up with her.
I have to admitt, I can understand someone caring for your animal until you can resume care of the animal again, but refusing to give it back draws different conclusions.
I mean this next sentence respectfully; what if you get her a puppy of her own from the pound or something?
Best of luck to all of you.
2007-05-13 00:50:48 · answer #2 · answered by soozemusic 6 · 0⤊ 0⤋
What the hell's wrong with you and everyone here? What a waste of money to go to court as a first step (even though people like me might make a lot of money from you)! The dog is yours and someone else is trying to keep it from you - just go in and take it, with force if necessary! If the sh*t hits the fan, the law will actually protect you but use it as a shield, not a sword!
2007-05-13 06:06:39 · answer #3 · answered by SteveK 5 · 0⤊ 0⤋
You need paperwork. When you first bought the dog, they must have given you starter kit with sale of purchase, license, and microchip info. Call the place that you bought the dog. Present the information to a lawyer if your mother in law will not budge.
2007-05-13 00:40:53 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I'd suggest calling the police or Sheriff Department. If the dog is tagged or microchipped under your name I really can't see your mother-in-law having much of an argument.
2007-05-13 00:40:57 · answer #5 · answered by DAVID P 1 · 1⤊ 0⤋
Animals are considered property of the owner under the law, they do not have the rights of humans. However, this is good for you. Your right to get the dog back is the same as if you lent your mother in law a TV or something and she refused to return it. This is theft of your property. You can take her to small claims court. You have the right to retrieve your property if you did not give it outright to her.
2007-05-13 00:40:13 · answer #6 · answered by michael p 4 · 1⤊ 0⤋
Unless your mother in-law can prove you gave ownership over to her then just call the police...small claims court will most likely only give you the value of the dog and not the dog itself...
However, think carefully, this IS your husbands mother...is a possible rift between you and your husband worth it? lots of luck
2007-05-13 00:49:39 · answer #7 · answered by Erinyes 6 · 0⤊ 0⤋
Come on, you and your mother in law can't solve this??? Sue her, why not! A lawyer will be happy to charge you a couple hundred ollar to write a couple of letters if you can't talk to your Mother in Law.
2007-05-13 00:40:24 · answer #8 · answered by Barry auh2o 7 · 1⤊ 0⤋
I know people don't like to hear this, but pets are property. If the dog is registered in your name, the dog belongs to you.
2007-05-13 00:39:32 · answer #9 · answered by DOOM 7 · 1⤊ 0⤋
Take it to small claims court.
2007-05-13 00:38:31 · answer #10 · answered by Pooky Bear the Sensitive 5 · 0⤊ 0⤋