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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113414
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My breeder friend was caring for my animal in another state

Customer Question

My breeder friend was caring for my animal in another state for the summer. My friend had a nervous breakdown and drove her car into a building of a previous employer at a high rate of speed and is currently on life support with no power of attorney. The family agreed to allow me to take my pet which is fully registered to myself alone. I made arrangements with my employer to take two days off work, rented a car and traveled a 6hr drive one way to visit my friend and bring my animal home to care for. Upon arrival the family refused to allow me to do so and claimed a local breeder was going to care for my friends animals. I don't know this person, nor trust them. I also found out my animal has been bred which makes this now a medical emergency considering none of the family has experience in birthing. What can I do? I'm heartbroken
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: This is in the state of New York, I was advised by the police and TICA to take his to court and file an injunction but I'm 6hrs away and honestly broke after taking the time off work and car rental
JA: Have you talked to a lawyer yet?
Customer: I've been trying, the only attorney I've spoken to thathe doesn't find this humorous is the legal representation of TICA. She is supposed to find an attorney in the area and said considering this animal is valued at $3500 and across state lines, not in possession of who I agreed to care for her, it's considered a federal offense
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, the lawyer from TICA is in new York, NY and the location of my friends home is close to Canada
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they will not turn over your animal, animals are considered property under NY law and you need to file a "Petition for Replevin" which is a complaint in court to force return of the property. In addition to your replevin, you would also have a cause of action for "conversion" and "trespass" on your property for breeding the dog without your consent.
So if you want your dog back, which is the primary goal, you need to get suit filed immediately Monday and you can do so with a local attorney you can find at the same sites used by other attorneys http://www.hg.org or http://www.lexmundi.com and DO NOT WAIT for the attorney you spoke to to find you anyone, because generally if an attorney tells you that you have such a terrific case and does not offer to take it or immediately call a friend of theirs to take it, that means they simply are not interested and do not want to tell you..
Customer: replied 3 months ago.
What is an "injunction" I'm uncertain what to choose from the drop down box from lexmundi for legal help.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
You need a civil litigation attorney, no real specialty.
An injunction is a court order to prevent someone from continuing to act or to mandate they act in some manner.
Customer: replied 3 months ago.
I have concerns that the family will remove my animal from the premises. Should I file the injunction along with the petition for replevin?
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
If you are afraid they will move the animal elsewhere, then yes you can file an injunction to stop them from doing so at the same time you file the petition for replevin. If the replevin is granted then the injunction would be dismissed as unnecessary since the replevin means you get the dog back immediately.
Customer: replied 3 months ago.
Should I file thus in the county the animal is located in or the state I live in? I currently don't live in New York.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
The action must be filed in the state and county where the property is located to be enforceable.

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