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Resolved • Response time 1 minute

18 Jun 2021

Second Opinion] [Second Opinion] [Second Opinion] need to talk to a lawyer about keeping a dog that someone wants to get back with the use of a replevin JA: The Expert will know what to do. Please tell me everything you can so the Expert can help you best. Customer: I had a boyfriend that I was with who bought a dog and his name is ***** ***** the documents but he let me take him with me when I moved back with my parents. He was going to move up there within a month or two to be with me and the dog. However, I broke up with him. Now he wants the dog back. He is sueing me by way of a replevin. I have had the dog since march of last year. Will he be able to take the dog away since his name is ***** ***** even though I have had him this long and have taken care of him with vet bills and food and grooming? JA: Is there anything else the Expert should know before I connect you? Rest assured that they'll be able to help you. Customer: that should do it
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18 Jun 2021

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Lawyer's response
18 Jun 2021
Barrister
Barrister
Attorney/Landlord/Realtor

Hello and welcome! My name is ***** ***** I am a licensed attorney and I will try my best to help with your situation.

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I know your question is important, but there may be a short delay in my responses as I type out an answer or reply

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You may be offered a phone call by the website. I don’t offer that service and only work on the website as I like to have time to think about a customer’s situation and research it so I can provide the best answer possible in writing.

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However, if you have requested a phone call with an attorney, your request will post to other experts who do offer this service. When another attorney accepts your request, you will get additional instructions.

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I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

18 Jun 2021
Customer reply
18 Jun 2021
hi
18 Jun 2021
Lawyer's response
18 Jun 2021
Barrister
Barrister
Attorney/Landlord/Realtor

Did he buy the dog as a gift and then give it to you?

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When he let you take the dog with you, he was intending on moving back in with you and the dog, correct?

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thanks

Barrister

18 Jun 2021
Customer reply
18 Jun 2021
No, he bought it for both of us but his name is ***** ***** and he was going to move back with me after a month or two. So, he let me have the dog for emotional support until he moved up here with me and the dog
18 Jun 2021
Lawyer's response
18 Jun 2021
Barrister
Barrister
Attorney/Landlord/Realtor

Ok, then I hate to say it, but unless you have some proof he gifted you the dog, then a judge is going to see all the paperwork and likely rule that it is his personal property (dogs are personal property) and he just created a "bailment" where you were put in possession of his personal property until he reclaimed it.. The amount of time doesn't matter... a day or a year... his personal property wouldn't become yours by the passage of time unless you can prove he abandoned it by something like him saying that in writing.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Please do not hesitate to ask any follow up questions related to this response and I will respond as soon as I can.

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Barrister

18 Jun 2021
Customer reply
18 Jun 2021
ok, thank you. So, having the dog for over a year and taking car of it with food, vet does not matter to the judge
18 Jun 2021
Lawyer's response
18 Jun 2021
Barrister
Barrister
Attorney/Landlord/Realtor

Unfortunately no, being the bailee means you have to take reasonable care of the property as long as it is in your possession unless you terminate the bailment by sending him notice in writing stating you are doing so and he has XX days to come get the dog or you will consider it abandoned.. If he didn't then come get the dog, you could keep it as abandoned..

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But if that didn't happen, then a judge may order him to reimburse you for the costs you incurred, but order you to return the dog..

18 Jun 2021
Customer reply
18 Jun 2021
ok, thank you. I spoke with another lawyer and they said it really depends on the judge's discretion since I have had the dog and have been taking care of him. Is there any truth to that
18 Jun 2021
Lawyer's response
18 Jun 2021
Barrister
Barrister

You are very welcome.. And yes, there is some truth to that... judges have a lot of discretion in cases like this as they are not clear cut... If he bought the dog and everything was in his name and he gave it to you as a gift.. .the timeline would look the same here.. except it would be your dog..

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So the judge can take your side if he wanted to and rule that after that long, he considers the dog abandoned.. I have seen judges do strange things that were not in strict compliance with black letter law...

Customer rating:
Barrister
Barrister
Attorney/Landlord/Realtor
Avg. question only $36
21 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 29 yrs
18 Jun 2021
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