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Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 36984
Experience:  16 years practicing criminal defense.
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I allowed a woman interested in adoption my dog to spend time

Customer Question

I allowed a woman interested in adoption my dog to spend time at her residence to determine if they are good fit.. shespecially is not a good fit and woman sent pics showing g weight loss and said she took my dog to her vet and gave me name of same . Vet says never say my dog and hasn't seen woman since August 15..I informed I wanted dog returned and woman refused saying she no longer get belongs to me and had given me a bad address . She has in effect stolen my dog but claims her boyfriend is witness I gave to help even though I have rest messages disputing and her acknowledging. What can I do to get my dog
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Did you actually give the dog to her as a gift?.Or was this just a "trial period" where you basically "loaned" the dog to her to see if the relationship would work out?..thanksBarrister
Customer: replied 1 year ago.
Loaned her for a trial period only. We both reside in va
Expert:  Barrister replied 1 year ago.
Ok, then since a dog is considered personal property, like a chair or a bicycle, your recourse here is to file a small claims court action for "conversion" which is the wrongful keeping of the property of another, and "replevin" which is its return. This would all be covered under a breach of contract lawsuit since you had the agreement for a trial period where you could get the dog back if it didn't work out. .You would need to go down to the local courthouse and talk to the small claims clerk to get the summons and complaint forms to fill out and file. Then they will help you get them served on the other person by the sheriff and then you just show up to court on the date set by the clerk and tell your story. The judge should then rule in your favor and order the defendant to return the dog..This isn't criminal because you voluntarily gave her the dog so the police won't intervene here...thanksBarrister
Customer: replied 1 year ago.
I am concerned for the safety & well being as the woman sent me a text w/ pics and claimed my dog wasn't eating and lout a lot of weight but that she took my dog to her vet for example and gave me name & phone number .. I contacted vet who said she never saw my dog and has not seen woman since Aug 2015..
Customer: replied 1 year ago.
Also woman did not provide me with her real address.. so how to serve papers & protect dog ?
Expert:  Barrister replied 1 year ago.
Ok, that doesn't change your legal options here unless you can actually go and retake possession of the dog without breaching the peace. If you can do so, then you are legally allowed to..But if you don't know where she lives, you may be stuck here because you have to have an address to serve her with a summons. If you know where she works, you could have her served there though...thanksBarrister