How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Swartz Your Own Question

Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2815
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
8370490
Type Your Legal Question Here...
Thomas Swartz is online now
A new question is answered every 9 seconds

I left my boyfriend. We had a cat that he purchased and I cared

Resolved Question:

I left my boyfriend. We had a cat that he purchased and I cared for. Like food, grooming, vet bills. Do I have a right to take it?
Submitted: 6 years ago.
Category: Legal
Expert:  Thomas Swartz replied 6 years ago.

HelloCustomer

 

Traditionally under the law, pets are considered to be personal property. This generally means that the person who paid for the pet is considered to be the legal owner of the pet. This being the case, it is probably not a good idea for you to simply take the pet. However, if you decided to take your boyfriend to a small claims court, the court would likely consider the fact that you cared for the cat, and it might award you the cat based on the best interests of the cat. If the court found that you were a better care taker of the cat and could provide it with a better environment, a court might award the cat to you.

 

Thomas

Customer: replied 6 years ago.
If for some reason that they wouldnt allow me to have him, because it would be my word against his as the care giver, is there something I could do? Any suggestions on this matter?
Expert:  Thomas Swartz replied 6 years ago.

Well, you could always offer to purchase the cat from your boyfriend. If you do make sure you get some agreement in writing.

 

If you believe that your boyfriend is mistreating the cat or neglecting it, I suppose you could file some type of complaint with whatever local authority exists in your jurisdiction that prevents the mistreatment of pets. I don't know what that authority might be for Cleveland. It might be a local Society for the Prevention of Cruelty to Animals, or a local Humane Society.

 

Thomas

Customer: replied 6 years ago.

Thats a good suggestion. However, I do have every reciept from what I have purchased for him, all of his paper work, and the vet bills and copies of the checks that I wrote out.

If possible, that may be enough to convince him that I would win the case and talk him into giving me the cat or, signing him over. My last question about this is, if we were to go to court, which Im not sure he could even pull that off due to his lack of funds, that would cost me court fees as well, would I be able to counter sue for the cat and court costs? Thank you so much for all of your help.

Expert:  Thomas Swartz replied 6 years ago.

The evidence that you have (vet bills, etc.) will be strong evidence to a court that you would be a better care taker of the cat.

 

Yes, you would be able to counter sue for the cat. For the small claims court in your area, the court fees should be minimal. And if your boyfriend files the suit, he would be responsible for the court fees. It is the responsibility of the person filing the lawsuit who is responsible for court fees.

 

Thomas

Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2815
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Thomas Swartz and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.