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Question

I have owned, registered, fed & cared for a relatives dog for the past 2yrs. It was abused & neglected for the 8 years they owned it previously. They cannot afford to care for it or give it the attention it needs but now they want it back. What can I do to keep this dog from any more abuse?

Submitted: 467 days and 9 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

Optional Information:
WELLS, Maine

Already Tried:
nothing

Accepted Answer

You can file a suit in small claims court, but I don't think you will be successful. The best option is to contact the local animal cruelty group and explain to them and see what they are willing to do to help. They are usually pretty helpful.

Legally, the only thing you can do right now is sue. Once they get the dog back and satrt the cycle over again you can file a criminal complaint.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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Expert: JD 1992
Pos. Feedback: 98.8 %
Accepts: 
Answered: 8/12/2008

Attorney

Active attorney since 1992

467 days and 9 hours ago.

Reply

Reply to Texas Atty's Post: I still have the dog and have told them I cannot allow it to go back to that environment. They had given me the dog to keep until they could find a place that would allow pets. The type of dog is one that is not an apartment dog, it needs to be active on a daily basis. As of right now, I refuse to give the dog back as I have provided it's total care for the past 2yrs and they never offered any help in providing anything for the dog while here. So, again, I have refused to give the dog back. Can they sue me? If so, what are the possible results? I am only concerned for the dogs well being & care, she is a happy, well-adjusted dog in my home and to put her back into an abusive environment would be like an early death sentence. Can I legally keep this dog with all the proof of providing for it for the past 2yrs?

Posted by JD 1992 467 days and 9 hours ago.

Answer

They can sue you and they are likely to win, atlhough you can probably counter sue for the cost of the care you've provided.

I don't think you can "legally keep the dog" but you can certainly make it difficult enough for them to where they may drop it.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

467 days and 8 hours ago.

Reply

I always thought that ownership/possession was legal as 9/10ths of the law. Is every state different?

467 days and 8 hours ago.

Reply

They have also stated that if I don't give the dog back they will just get another one. That, to me, proves beyond any doubt that they really don't care about the dog any more than some piece of property, and not the living, feeling animal that it is. Does that make any difference?

Posted by JD 1992 467 days and 8 hours ago.

Answer

No, that is just one of those things you hear. Ownership is ownership.

I think it just shows they are unlikely to do anything if you refuse to give the dog back.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

467 days and 8 hours ago.

Reply

Thank you for all your time. I really appreciate your help. Have a great day!

Posted by JD 1992 467 days and 7 hours ago.

Answer

Thanks to you. Good luck!

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