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baezlawfirm
baezlawfirm, Attorney
Category: Legal
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I gave my dog to a friend with the agreement if she could not

Resolved Question:

I gave my dog to a friend with the agreement if she could not care for my pet she would return my pet to me. She gave my pet to someone else. Can I get my pet back?
Submitted: 5 years ago.
Category: Legal
Expert:  baezlawfirm replied 5 years ago.

baezlawfirm :

How did you give her the notice?

Customer:

I texted her to say I want my dog returned, you did not keep our agreement

baezlawfirm :

Do you have the agreement in writing?

Customer:

No, we agreed only with word of mouth but in front of a witness.

baezlawfirm :

You need to send her a certified letter about the agreement, that way, if she does not answer you it would be understood that your friend understood the verbal agreement.

baezlawfirm :

Have I answered your question?

Customer:

no, what can I do to get my back

baezlawfirm :

Send her a certified letter stating that you need your dog back, if she answers you, then you have the evidence that you need. If she does not, then you can use that for your advantage. Remember that since you did not have the agreement in writing, that is the first thing that you have to prove in court; therefore, to prove it, you need a certified letter.

Customer:

what court would I go to and what about my witness to the agreement?

baezlawfirm :

You need to do courts of minimal jurisdiction where the amount in controversy is less than 10K

baezlawfirm :

Is always good that you have witnesses

Customer:

I called the small claims court under 3000 dollars and that is only

Customer:

for money not dog return

baezlawfirm :

A dog can be considered a chattel

baezlawfirm :

small claims cover chattel as well as verbal agreements

baezlawfirm :

that is why you need to sent your friend a certified letter

baezlawfirm :

On the other hand, if you are willing to pay for an attorney, you need to pay one to write you a letter about the verbal agreement and your demand to return your dog to you.

baezlawfirm :

Have I answered your question?

Customer:

yes I will start the process and send the certified letter. Thank you

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