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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19686
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I was given a baby kitten that was found abandoned...the guy

Customer Question

I was given a baby kitten that was found abandoned...the guy who gave me the kitten didn't have the means to keep instead if taking it to the pound..he gave it to...since he knew I am a cat after giving me the kitten n getting in his plane n flying away..(he lives 5hrs away from me)..he then flew back 5days later n bullied me into giving him back the kitten...My question...what is my rights...n can I go n get my kitten back??
JA: Can you tell me what state this is in? And how long has this been going on?
Customer: California..He gave me the kitten on:
Wednesday, July 20thHe came n took back the kitten:
Tuesday, July26thHe found her 2 days before he gave her to me.
JA: Have you talked to a lawyer yet?
Customer: No..n don't really have the money for one
JA: Anything else you think the lawyer should know?
Customer: Not sure
Submitted: 2 months ago.
Category: Legal
Customer: replied 2 months ago.
I still have all our email n text conversation we had with eachother over the arrangements of him delivering n giving me the kitten..
Customer: replied 2 months ago.
Adding pics of her that I took n also posted on fb..
Customer: replied 2 months ago.
Named her "Madie"
Expert:  Marsha411JD replied 2 months ago.


Thank you for the information and your question and the kitty is adorable. I can see why you would want to keep her. I am a cat person myself and also do rescue work locally. However, I have to tell you that you have no legal right to this kitten at this point. Had you not allowed this other party to take her back, he would not have been able to make you give her back. In other words, possession of the kitten is ownership. This is not a situation where someone had a registered purebread animal with "papers" to prove ownership. So the law, unfortunately, is that whoever had possession is their "owner" unless she is chipped and has your name as the owner. If you did have her chipped before he took her, then it would still be up to the animal control officers where he lives to try to get him to turn her over. If he took her to a Vet and she had a chip with your name, the Vet would call you and give you a chance to come and get her. But without proof of ownership, other than the emails or texts you reference, it just ends up going to the person who has legal possession. From what you say, he didn't break into your place and steal her. You let him take her albeit because he pressured you to.

As an aside, although I know she is special to you, there are so many kittens who need good homes and it sounds like you would make a good adoptive mother, so you might consider contacting a local rescue group or the shelter and finding a special kitten or two of your own that no one can take from you and give them a loving home. I am sorry the news was not better.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 2 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 29th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.

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