Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am sorry for your granddaughter's situation. At this point, she may wish to pursue a a small claims court
matter here. See here
for a quick overview, and here
for a guidebook for small claims.
Under MRS 482.305
, the court has jurisdiction over any case under $5,000.
The puppies here are "items," I hate to say it, as the law sees them. As such, since they both have right to possession
, but if they cannot agree to it, the Court will make a determination for them.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.
She may have a cause of action for conversion
and trespass to chattel
The following three elements must be established to prove conversion: (1) plaintiff was the owner of the property or entitled to its possession; (2) defendant took possession of the property with the intent to exercise some control over it; and (3) defendant thereby deprived plaintiff of the right to possession. Manzer v. Sanchez, 985 SW 2d 936 - Mo: Court of Appeals, Eastern Dist., 5th Div. 1999
Chattel means non-real estate property. A trespass to a chattel may be committed by intentionally intermeddling with a chattel in the possession of another. FOREMOST INS. v. PUBLIC SERVICE COM'N, 985 SW 2d 793 - Mo: Court of Appeals, Western Dist. 1998
With presentation of these two claims, the Court will then decide on what is most fair for them as well as best for the puppies. Hopefully, he will decide in her favor.
Do not worry, the Court does not expect her to be like a lawyer in Court. The Court expects individuals to explain their complaint and then in small claims, the Judge usually helps to 'develop' the case and put into into a legal perspective, and then renders a decision.
I hope this helps and clarifies. Best of luck.
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