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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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We had 2 dogs get out of our fenced yard. A neighbor took

Customer Question

We had 2 dogs get out of our fenced yard. A neighbor took them to a animal rescue place. The rescue did not contact the local animal control, which they are supposed to, they did not scan the dogs for chip ( the dog did have ID chips ), they also did not put them on heir web page or place nay found dog ads. They neutered one dog which we had used as a stud, ( one of them was already neutered)., vaccinated them ( they already had vaccination and this is bad! ). They sent them to Arkansas 5 months later. In Arkansas one of them cont4ract erilcia, a tick disease that will reduce it's life and functionality. We found them in Arkansas and we are suing the local rescue in small claims court for not filing a report with local animal control, or scanning the dogs for chips. Either of these would have returned our dogs within days. They are valuable live stock dogs and we lost live stock, had to buy and train more replacement dogs. They have a lawyer. They are trying to throw a red herring by claiming dogs were strays and in bad shape ( a fact easily disputed ). We believe the neighbor that took them told them a false story of the dogs being on their own and scavenging, and that they didn't want them coming back to us because we neglect them. Even though all that is easily disputed, it doesn't matter anyway in our mind, because we are suing for the rescue not following proper protocols and procedures for found dogs.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am sorry for this dilemma...but do not see your question. Do you have a specific question relating to this?

Customer: replied 1 year ago.
I was looking for a comment on the case given the fact I gave you. Do they have a defense for not notifying animal control and scanning the dogs by saying they were strays that looking neglected? 2. Do we have a case saying they were negligent for not notifying animal control, posting ads, and scanning the dogs for id chips?
Is there nay case law in Texas related to this?
Customer: replied 1 year ago.
I sent them a list of questions and request for any documents they plan to produce. They do have to respond don't they? What if they don't?
Expert:  Dwayne B. replied 1 year ago.

I see the other expert opted out.

I would be glad to try and assist but due to the time and expense involved in doing case law research I can't assist with that. If you want me to continue under that understanding then I can or I can opt out and open the question back up for other experts.

Customer: replied 1 year ago.
Then you guys need to refund my money
Expert:  Dwayne B. replied 1 year ago.

Best wishes to you. I will send the moderator a note that you are requesting a refund.

Customer: replied 1 year ago.
or someone to answer, either is fine
Expert:  Irwin Law replied 1 year ago.

The problem with your question is that you are asking for case law, which requires an extensive amount of time for research and expenditure of money for use of data bases. If you remove that requirement, then I would be happy to comment generally on the negligence aspects of your fact situation.