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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I want to find out if there is anything I can

Customer Question

***** *****. I want to find out if there is anything I can do to legally get my dog back. I returned her to the shelter I got her from and within three hours changed my mind. I have a vet and a long term dog trainer who will vouch for me as to being a good owner. Two of the dogs were aggressive toward each other and it scared me. I've never experienced it beforeally and honestly the rescue didn't offer much help
JA: Thanks. Can you give me any more details about your issue?
Customer: I just did
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Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.
What state is this in regards ***** *****?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
I sent an emails and had phone calls the same day within an hour in one case indicating I and changed my mind
Expert:  legalgems replied 1 year ago.
And was a reason for surrendering the dog provided at the time of surrender?
Expert:  legalgems replied 1 year ago.
I'm sorry; I am not set up right now to handle phone calls. Would you like to continue on this page?
Customer: replied 1 year ago.
Yes. Let me send you thever email I sent them. It'll be easier.
Hi Miranda,I thought it over. And I did what I should have done at least a month ago and I reached out for assistance. Only this time I didn't beat around the bushes hoping someone could read my mind. I spoke to the dog trainer that I used to work with all the time. Her name is***** and she was a trainer at Noah's Ark until Noah's Ark suspended their training program. She has a background in breeding German Shepherds and training/working with aggressive dogs. We discussed the situation and came up with a plan. I did all of the following prior to attempting to get Cali back today. So please know that this is not a decision I made lightly.We agreed that we will meet once a week with both dogs to assess the level of aggressiveness and the best way to fix it/work through it. We discussed the possibility that they might not get to the "happy pack" that I want but that we can get them to a place that is safe. I agreed to that and I will do everything that I can to make it work. If I need to make accommodations for either of them I will.Another problem we found a solution to was Skye's energy levels. There is no way that it doesn't add fuel to the situation. We have agreed that she should go to daycare during the day. That way no one will have to be locked up during the day. Cali gets along with the other two and will be in no danger, nor will she be locked up and bored.Speaking of the daycare I also called the vet. They suggested cozy canines on generals highway. There is apparently a trainer there who could also help. This is their website. I took Skye to the vet today to get her bordetella vaccine so that she could go starting tomorrow. I wanted to make sure that if I got Cali back that I would be able to start the plan immediately. I still don't get paid until tomorrow but I did finally discuss my financial situation with the vet and they made an exception to let me pay tomorrow.Dr. Rachel Klickman is the vet that I have seen for going on five years now. She can tell you that I am a good dog owner and that I take care of my dogs. I always have. She will also confirm that she did suggest waiting until after Cali's first heat to get her fixed. She works at Healing Paws in Severna Park, MD. Her phone number is(###) ###-#### ***** has known me for years. The behavior and the choice that I made today is not consistent with the care and devotion I have provided my dogs over the years and she will confirm that. I spoke with the office staff about the situation as well and they said the same thing. Dr. Klickman has a long day that eneded in a euthanasia so I'm not sure when she will have time to provide the written confirmation about Cali's spay but feel free to call and I'm sure the office staff can confirm it.Just to touch base again on Cali not being fixed. Dallas, my older female, had frequent urinary tract issues due to having a recessed vulva. When Dr. Klickman made the same suggestion for Dallas all those years ago I didn't listen. I wanted to fix that mistake this time around with Cali and save her any unnecessary trouble. I never received a reminder call or email or follow up about making sure she was fixed so I did not know that there was a state law mandating this as Jen indicated to me earlier. I wanted to make the best decision possible in the interest of Cali's health. When I was spoke with the North Carolina rescue that I got Dallas from, because she needed to be spayed by six months according to their contract as well, they told me not to worry about it and to make the best possible decision for Dallas. Unfortunately, I applied that answer to Homeward Trails instead of asking. Cali only went through her first heat roughly a month ago. She was scheduled to have her blood work done on May 6th prior to her surgery and then she was going to have her surgery done on 5.25. You can see those notes on the health records that I sent earlier. I can't help but think that it would be better for Cali to have the surgery done in that setting. Where she can have her blood work done prior for her long term health and then being in a setting where she is the only one they are focusing on.Skye is not spayed because I signed a contract with her breeder indicating that I would not spay her until she was at least 18 months of age. I know that the intent of this agreement is for the health of the dogs and so I want to honor it.As for me, yes, I have had a really hard four months. I was fired four days before Christmas. My boyfriend and I broke up and I was unemployed for two months. I started working again at the end of February and I love my job. I make 91K a year now and I feel like this will be a long term home for me. The job that I was fired from I only worked at for six months. Prior to that I was at my job for 7 years. I decided to leave because I wanted to try something new and broaden my horizons
Customer: replied 1 year ago.
I offer my employment history to you as an example of my stability. I bought my house when I was 22 years old. Even when I was unemployed I never missed a mortgage payment. Finances are still really tough right now because it's just me. I take care of others and help my family out. They are not in a position to help me out. I still need to make up for two months of lost income and less than two months of employment has not gotten me there yet. So yes it is a struggle right now. But it won't be for long. Heck if you need to you can call my boss and she will confirm for you that I am doing an awesome job and that I will be there for a long time.This past week was especially hard. Last Monday I was robbed. Last Wednesday I had a significant health scare. And then Friday came the dreaded dog skirmish. The fight was my fault. I worked twelve hours on Friday and came home exhausted. Skye was bouncing off the walls and I gave her a toy. That toy was the cause of the fight. I allowed my misery to get in my way of doing the right thing, which was to separate the two puppies prior to giving them toys. Getting Skye to a daycare will help resolve this. Meeting with a trainer weekly, both at home and out of the home, will help me to learn the body signals they give when they are picking a fight. I was scared. Literally scared because I have never had dog aggression issues before. My dogs have always gotten along and this was new and scary to me. I did not take it seriously as an issue and that was my mistake. I honestly did not truly believe that it could really be aggression. When I called the trainer at Furget Me Not she made me a little uncomfortable so I did not call her back. I listened to the people around me tell me stupid things like "well they are just dogs being dogs". Well, they are not just dogs to me. They are my family. I literally feel like I left my child at that center and I will do anything that I have to do to get her back.If you want to call my references please do:Denise Harris -(###) ###-####- I have known her for four years
Dr. Rachel Klickman -(###) ###-####- I have known her for five yearsIf you need any other references please let me know and I will provide them. Please know that I am fully committed to taking Cali back. Today was a reminder to me of how much these dogs matter to me, they are my heart. I need them like they need me. No one will love Cali more or give her a better home than I will. Please know that. Yes, I made mistakes. I am human, as I have been reminded today once I finally reached out for help, we make mistakes. Please understand that. Please don't let this be a mistake I spend regretting for a lifetime because I was going through a bad time in my life and had no one to turn to. Please let me make up for this mistake.Thank you,
HeatherP.S. I sent this long email to you because Jen indicated that I should since I had your email address.
Expert:  legalgems replied 1 year ago.
I'm sorry; I'm not set up to handle phone calls right now; I will opt out so another may assist. Thank you.
Customer: replied 1 year ago.
Please call back. I'm not sure if i hung up on you
Expert:  Law Educator, Esq. replied 1 year 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.
I am sorry to hear about your situation. Unfortunately, when dealing with shelters, dogs are considered property. Thus, without some written agreement to the contrary, once you agreed to surrender your property to the shelter and they accepted the property (your dog) the dog became their dog. This is considered a manual gift which is final upon acceptance of the recipient. Thus, you cannot rescind a gift given to someone once they have accepted the gift.
The only way you can legally recover the dog once they accepted it (again, unless there was a written agreement to the contrary with them) would be if the shelter agrees to give the dog back to you.
Customer: replied 1 year ago.
There is no way to sue for the return of property if it was surrendered under false pretenses? Or misleading pretenses?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am sorry to say that just because you were upset when you did this and then changed your mind, that would not rise to the level of false pretenses or misleading pretenses sufficient for a court case. I wish I could tell you otherwise, but I cannot in good conscience send you off to try to sue where you would not have a legal basis, since you voluntarily turned over the dog, regardless of your emotional state at the time.
Customer: replied 1 year ago.
Even if the rescue person I spoke with indicated that it was my only choice, was to give her up?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The way the court looks at this would still be that you still made the choice to give the dog to them. They did not take the dog from you against your will and that is the problem.
Customer: replied 1 year ago.
So my best bet is to appeal to the angels of their better nature?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply
Yes, your best bet is to beg them for their mercy to reconsider and allow you to take the dog back. Speaking to the director of the shelter directly is usually the best way to do so.