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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7397
Experience:  Just Answer consultant at Self employed
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I am a parent to a cat that I got from my mom at 5weeks old

Customer Question

I am a foster parent to a cat that I got from my mom at 5weeks old back in January 2016.
I have been loving and caring for this cat ever since. On Monday I took my cat to be nutured a 9AM and they told me to come back and pick him up at 5PM when I returned at %PM they made me sit and wait for the manager which was unusual for a simple procedure. then the manager told me that on accident they adopted my cat out. because someone put him in the wrong place in the facility needless to say he never even got nutured. they just took my companion and sold him. Can they do that?
Submitted: 6 months ago.
Category: Legal
Expert:  legalgems replied 6 months ago.

What state is this in regards ***** *****?

Customer: replied 6 months ago.
I have not received an answer to my question about my cat yet. If this is the case I choose not to be a member. You said get your answers in seconds. So I have no further questions.
Expert:  legalgems replied 6 months ago.

I really need to know the state this is in regards ***** ***** laws vary by state.

Customer: replied 6 months ago.
I don't see an answer. I just see another question asking what state and the state is pennsylvania
Expert:  legalgems replied 6 months ago.

Thank you; that was the information I needed to know- the state.

Expert:  legalgems replied 6 months ago.

A few minutes please as I research this for you.

Expert:  legalgems replied 6 months ago.

So the standard recourse for such a situation is to request the vet to contact the adopting party and request that the cat be returned. If they will not return the cat, then it gets very complicated. If one is a foster provider through for example, the humane society, it is the humane society that will have to pursue that. It is called "legal standing" to bring an action. If one is fostering the pet for a relative, then that individual-the owner- would need to file suit.

There are 2 types of suits that can be brought

1. for economic damages - basically for the value of the pet, since many courts consider animals property, and will only allow for monetary damages

2. for specific performance- basically an order requiring the person who has possession of the animal to return the animal to its original owner. This is more complicated and will require 2 defendants, the vet and the person in possession (their identity would be revealed during discovery). It will come down to the particular judge's take on what is "just" - ie how long each party has the pet; if any party did any wrongdoing, etc. It is an equitable (versus statutory) remedy so each judge may have a different result.

Most of the legislatures have not revised codes to take into account society's changing attitudes towards our pets, and most still treat them as "chattel" or property, versus pets.

You may want to contact the humane society/animal control to see if they have an attorney they would recommend, basically one that would go the extra mile for a case such as this.

Expert:  legalgems replied 6 months ago.

checking to see how things went for you on this? Hopefully the vet provided assistance in returning the pet.

Thank you and take care!

Customer: replied 6 months ago.
What code of suite am i applying for?Is it negligence because i need to know i dont want money i just want my cat back
Expert:  legalgems replied 6 months ago.

It would be a cause of action for negligence requesting as damages specific performance- ie return of the cat.

Expert:  legalgems replied 6 months ago.

Also breach of constructive trust since the vet was trusted with the care/custody of the cat.

Kindly rate 5 stars - this does not result in any additional charge but does allow the site to credit me for the time spent in assisting you;

I hope you are able to be reunited!

thank you.

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