Is a dog covered under Tile 35? How do you go about claiming the dog if the owner has been notified you have the dog and has not made an attempt to come to claim the dog?
Country relating to Question: United States
State (if USA): Alabama
Called Pet Finder Service, called the owner and the vet, sent a certified letter with owner surrender papers to the owner for her signature. At one point I actually talked with the owner and she said she was coming to get her dog. That was June 15th and I have left messages since and not heard a word from her. This dog has not been in the care of it's owner since April 23, 2012.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.Alabama law addresses abandoned animals left in the care of a veterinarian, but not directly that of a private individual. If you follow the rules set out in that particular statute, you should be okay. The text of the law is below.Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have. I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you. Thank you, Nate § 34-29-86. Disposition of abandoned animals; notice to owner or agent; financial liability of owner or agent.(a) Any animal placed in the custody of a licensed veterinarian for the treatment, boarding, or other care which shall be unclaimed by its owner or his or her agent for a period of more than 10 days after written notice by registered or certified mail, return receipt requested, to the owner or his or her agent at his or her last known address shall be deemed to be abandoned and may be turned over to the nearest humane society or dog pound or sold to collect the lien pursuant to Sections 35-11-390 and 35-11-391.(b) The giving of notice to the owner or the agent of the owner of the animal by the licensed veterinarian as provided in subsection (a) shall relieve the Licensed Veterinarian and custodian to whom the animal may be given of any further liability for disposal.(c) For the purpose of this article, the term abandoned shall mean to forsake entirely, to neglect, or refuse to provide or perform the legal obligations for care and support of an animal by its owner or his or her agent. The abandonment shall constitute the relinquishment of all his or her rights and claims by the owner to the animal.(d) The disposal of an abandoned animal shall not relieve the owner or agent thereof of any financial obligation incurred for treatment, boarding, or care by the veterinarian.
Over 8 years of legal practice.
I sent the owner a certified letter on the 3rd and told her since she had not come to retrieve her dog in 70 days she had abandoned her according to Title 35 and that I was going to surrender her to a rescue organization immediately.
That is fair and exactly what should be done. The ball is now in her court.
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