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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33372
Experience:  Began practicing law in 1992
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I'm trying to get my Miniature poodle back. He got lost 3 months

Customer Question

I'm trying to get my Miniature poodle back. He got lost 3 months ago, now the finder doesn't want to give him back.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Please give me a bit more information, so we can help you best.
Customer: My name is***** in California but my dog is Texas and my dad as well I gave him a power of attorney for him to be able to claim him for me.
JA: Is there anything else important you think the Lawyer should know?
Customer: My dad when yesterday to the personas house, and he call the police, he never step insede her property
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Is there a specific question with which I could assist?
Customer: replied 1 year ago.
The founds of my poodle, wants to press charges against my dad Or if I give her latter giving her my dog.
I want does my latter have to said for her to return my dog in 10 days
Expert:  Dwayne B. replied 1 year ago.
There is no specific language required for the letter. You just explain that it is your dog, how you know that the dog she has is yours, and require that she turn the dog over to your father within ten days.If she doesn't turn the dog over then you will likely have to hire a lawyer and sue in Justice of the Peace court ad ask the judge to issue what is known as a "turnover order" where the judge tells her to provide the dog to you or your representative within a certain period of time.
Customer: replied 1 year ago.
What she wrote is blackmail, could I used as evidence ?
Expert:  Dwayne B. replied 1 year ago.
Yes, anything she wrote to you can be used as evidence assuming the judge thinks it is relevant.
Customer: replied 1 year ago.
Is there any chance they could win the case and not give us back our dog?
Expert:  Dwayne B. replied 1 year ago.
Yes, it is always possible to lose a case that should be won (and vice versa). Using a lawyer greatly increases your chances of winning of course.
Customer: replied 1 year ago.
I live in California and my dad in Texas. I gave him a power of attorney. So he could go to court for me?
Expert:  Dwayne B. replied 1 year ago.
He can't file the lawsuit and represent you. He will have to hire a lawyer to do that. A Power of Attorney doesn't allow him to act as an attorney/lawyer.
Expert:  Dwayne B. replied 1 year ago.
He could go as a witness.
Customer: replied 1 year ago.
What should be my next step?
Expert:  Dwayne B. replied 1 year ago.
Go ahead and hire the lawyer and have them send the demand letter. They have to send a demand letter and give a reasonable time to comply (usually 10-14 days) or else you won't have any chance to collect attorney's fees. Usually you can't collect attorney's fees in these types of cases anyway but if you send a demand and they force you to file suit to get your own property back then it's possible. In addition, the lawyer may have to subpoena records to prove those text messages you received and that takes time. If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread.