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 Joseph Your Own Question

Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
Type Your Legal Question Here...
Joseph is online now
A new question is answered every 9 seconds

My son and his ex girlfriend split in january of this year.

Resolved Question:

My son and his ex girlfriend split in january of this year. THey had a siberian husky which was "his" dog and she had a dog/ THey got the dog at the humaner society and it was in her name. When she left she said he could have the dog as long as he kept it inside he agreed and she gave him the papers belonging to the dog promising to sign it over to him this never happened she has never come to see the dog nor asked about him my son takes good care of the dog she is now seven months later saying that we would not let her take the dog and she hasnt had the money to take him to court what should he do? this girl and her parents abandoned several dogs and the humane society was called in to come and get them, she does not have a job and is probly doing this because my son has moved on what should we do the police say it is a civil matter
Submitted: 3 years ago.
Category: Legal
Expert:  Joseph replied 3 years ago.

There is really nothing for your son to do at this time. If his former girlfriend wants the dog back, it would be incumbent upon her to take action to do so. As to that, her legal options would be to call the police or sue him in civil court.

 

If she calls the police to report the dog as stolen, then the police would likely come to the house. Once your son explains that she gave the dog to him and that it has been in his possession for seven months, the police would most likely tell her that it is a civil matter and that there is nothing they can do.

 

Her other option would be to sue in civil court. If she were to do that, his defense would be the same, that being that she gave him the dog. Presuming that he can prove this out, it seems likely that he would prevail.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 3 years ago.
is there any action we could take to be proactive to not wait for her to do something its very frustrating and worrisome to have to sit and wait for her to take action
Expert:  Joseph replied 3 years ago.

Unfortunately, there really is no legal action available to you to prevent her from taking some future legal action.

 

However, there are some things you can do to ensure that the dog stays with you. If you are concerned about her trying to just come over and take the dog, make sure that the dog is secured in such a fashion so as she cannot do this. Also, continue to act as though the dog belongs to you. By this I mean take the dog to the vet, provide proper care and otherwise act as the rightful owners.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 3 years ago.
The dog has an electronic chip can we not sue or something to get this changed to him to get this out there and taken care of once and for all she would still have to prove that she has been taking care of him and trying to get him back Someone told me that Indiana law requires that you report within 72 hours if the dog is "missing" and file a complaint within 20 days She holds the upper hand if we do nothing but sit around and worry
Expert:  Joseph replied 3 years ago.

Please understand that dogs are considered property, just like a chair or a table or a television. Also, possession of property creates a presumption of ownership. As such, there is really nothing to sue her for in this situation.

 

The chip presents an interesting situation. If you have requested that she put the chip in your name and she has failed/refused to cooperate, then you could consider a small claims lawsuit requesting assistance from the court to get her to do so. My concern though is that forcing the issue may not be prudent.

 

While I do understand your concern about "sit around and worry", if you do nothing, she may do the same. The net result is just what you desire....the dog remains with you. Conversely, if you take a proactive stance and file a lawsuit, this may force her to respond in kind and file a lawsuit against you. While my speculation is that you would prevail, it is just that, speculation. We must acknowledge that it is possible you would lose and the dog would then be taken from you.

 

CAN you be proactive and take the matter to court? Sure. SHOULD you be proactive? That's a tougher question and one that can only be answered by you. If, understanding the risks, you still prefer the proactive approach, then proceed accordingly.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Joseph and 11 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.