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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16831
Experience:  Licensed Texas General Practice Attorney
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Animal ownership dispute in new York city

Customer Question

Animal ownership dispute
in new York city
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
In 2013, I was in transition in life and asked my older sister to watch my dog until the end of the semester. She offered to pay for his insurance. We agreed. I gave her all of his paperwork in case of emergency. Without my knowledge, she changed his license and microchip information to her information and claimed he was hers. She even met me with an attorney letter stating I gifted him to her which I did not. Now, two and a half years later, she's still withholding letting me see him. This all took place in Manhattan. I'm curious about what what happen to her and her husband, my dog, myself and my fiance if we retain a lawyer and undergo something called a writ of replevin. I have his NY license from 2013, his insurance was in my name until 2013, micro chip in my name from 2011 to present and all very build up until 2013 made by myself. Please advise in detail. Sincerely,
SM
Expert:  ScottyMacEsq replied 2 years ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. Do you have any evidence regarding the agreement that you had (anything in writing, or witness to the fact that will back up your story)?
Customer: replied 2 years ago.
I have a copy of a letter (she has the original) I wrote to her that states I would only need her help until the end of July of the referenced year (2013).
Expert:  ScottyMacEsq replied 2 years ago.
Was that emailed, faxed, or otherwise transmitted in a manner that would make it easy to show the date that it was given to her?
Customer: replied 2 years ago.
It was written letter and I took a picture of it before I gave it to her. (It was also my coming out letter). The date is in the top right corner, 1/31/13, I believe. I have a digital copy of it from my smart phone.
Expert:  ScottyMacEsq replied 2 years ago.
That's good. The reason I asked that is that to have a good case, you would need to establish that this was a temporary matter, not that you were actually giving the dog to your sister. You can bet that your sister would argue that this was meant to be a gift or at least that you eventually gave it to her, and you would need to overcome that assertion. Any witnesses or other people who could attest to the temporary nature of this matter would help. I think that given what you can prove, you could have a fair case for the return of the dog. You will need to file for replevin within 3 years of the demand and non-return, as that's the statute of limitations for replevin actions in New York. That being said, you need to contact an attorney in your area that deals with "conversion" / replevin cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next. The case would be against her, not her husband, and not with your fiance. It's your dog, and you're trying to get it returned to you. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 2 years ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 2 years ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)
Customer: replied 2 years ago.
I have multiple people I told this information to. What type of person or relationship or person would make the best witness?
Expert:  ScottyMacEsq replied 2 years ago.
If you're talking about people who were witnesses to the arrangement at the time, that's the type of person that you would want. That is, it doesn't help to have someone that you told a long time after the fact, because you're trying to establish that you had an agreement at the time that you handed the dog over. So you're going to want to have a witness that could testify to the existence of such an agreement at that time.
Expert:  ScottyMacEsq replied 2 years ago.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Customer: replied 2 years ago.
One last clarification:
So for instance, that evening I finished class with my fiancee, we walked to the bus station together, I told her what I was going to do, I got on the bus and went straight to my sister's house to give her that letter. This would constitute as a viable witness?
Expert:  ScottyMacEsq replied 2 years ago.
Yes.
Expert:  ScottyMacEsq replied 2 years ago.
If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. ▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 2 years ago.
Did you have any other questions before you rate this answer?