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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34262
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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In Maryland, someone gave me a dog that they no long wanted

Customer Question

In Maryland, someone gave me a dog that they no long wanted after owning it for 3 weeks. They gave me the dog & all of his vet records. The dog is AKC registered to them. Now, a week after they give me the dog, they want him back because their kids miss him. Can they legally get him back?
Submitted: 3 years ago.
Category: Legal
Expert:  Barrister replied 3 years ago.
Hello and welcome! My name is Barrister and I will try my level best to help with your situation or get you to someone who can.
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When the person gave you the dog, was this a gift where they said you can have him forever or were you just taking care of the dog?
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Did they give you his AKC papers as well?
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Do you have any evidence it was a gift? (i.e. emails, texts, messages, letters, etc.)
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Thanks
Barrister
Customer: replied 3 years ago.
They gave it to me because they didn't want him. They have never owned a dog and just didn't like the lifestyle change of owning a dog. I have text messages. They gave me all his papers. I have taken him to the vet already for his shots.
Expert:  Barrister replied 3 years ago.
Ok, thank you for that information. If you have texts stating that the person was offering to give you the dog, you accepted, and they actualy did give it to you along with its paperwork, then this is a completed gift and the giver would have no legal recourse to get it back. Dogs are considered personal property and when someone makes a gift of personal property, they give up all incidents of ownership.
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Even if you didn't have texts, I think you would have a good chance of convincing a judge it was a gift because how else would you get all the paperwork unless the previous owner gave it to you. But since you have the texts, this is essentially a legal "slam dunk" and if they tried to sue you for its return, they will lose.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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