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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7407
Experience:  Experienced Family Law Attorney
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My friend was taking care of my dogs because I could not

Customer Question

My friend was taking care of my dogs because I could not have them where I was living at the time. She now has moved
to Arizona without telling me and she will not return my calls.
Submitted: 6 months ago.
Category: Family Law
Expert:  LegalGems replied 6 months ago.
Is she still in possession of the dogs?
Customer: replied 6 months ago.
yes
Expert:  LegalGems replied 6 months ago.
I'm not sure which state you are in, but that state will have jurisdiction over the matter; so one can file in small claims for the monetary value of the animals (unfortunately they are treated as personal property so generally one can only sue for the value) {one may sue for specific performance -for the return of the animals - but that generally cannot be done in small claims court and is very expensive} Since the breach occurred in the original state, the defendant would be forced to return to defend it, or risk a default judgment for failing to respond/appear. That is reported to the credit bureaus and appears on background checks. So generally that serves as motivation for a person to settle out of court when they are in the wrong; so if one wrote a demand letter setting forth the breach of contract (failure to return "property") and requesting the return of the animals so litigation can be avoided, hopefully that would result in an out of court settlement. Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Customer: replied 6 months ago.
I want to go get them if I contact the police will they go with me and let me take them
Expert:  LegalGems replied 6 months ago.
You can contact the police and report them as stolen, but often times (Depending on the locale) the police will refer you to civil court (generally if they feel that it is a private matter) so it really depends on the local authorities. If you contact the police, any information you have to support allegations of theft would be helpful (ie vet bills, etc) The police will likely open an investigation, and if they determine there was a theft, prosecute the offender while having animal control retrieve the dogs, then having the owner pick the dogs up at animal control (everything needs to be done so there is a record)
Customer: replied 6 months ago.
I was planning on driving to Arizona and getting the police to go to her house with me and get them
Expert:  LegalGems replied 6 months ago.
I would suggest first calling the department in that area to find out the procedure to ensure that their local chief will allow that; because some locales will just refer the person to civil court to resolve the dispute.
Customer: replied 6 months ago.
Thank you
Expert:  LegalGems replied 6 months ago.
You are most welcome; the best of luck to you on this; I know it is frustrating when the law labels are pets "property" and doesn't give it the due consideration it should be given. Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  LegalGems replied 6 months ago.
Checking in to see how things went before the question closes;if you have no further questions, thank you for using Just Answer!

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