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Finding Rudy

This is a forum to discuss legislation and legal matters pertaining to the rights and welfare of dogs. Please remember to counter ideas and opinions with which you don't agree with friendly and helpful advice and responses.

  
(Page 6 of 7: Viewing entries 51 to 60)  
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Rudy

Don't let- anything come- between you
 
 
Barked: Thu Jan 10, '13 6:51pm PST 
Here's something that might clear up the boarding question:

Generally, when an animal is taken in by a rescue group during a crisis situation, the owner of the animal retains ownership and the rescue group would not legally be able to withhold the animal from the owner. However, a person’s right to animals may be dependent on written adoption/sale contracts.

If there is a written contract which details the sale/adoption or boarding arrangement, that would be reviewed by the court. If not, the court would likely consider other evidence of the agreement between the parties to determine if ownership transferred or if the arrangement was intended to be temporary boarding.


I had to wait before I could talk to a lawyer, getting an appointment and other legal work takes time. I didn't sit around and wait.

I think you missed something the shelter didn't give me ANY paperwork regarding my dog, I've asked for it over and over and nobody gave me a copy. Because of that, I believe something's not right and forgery was involved.

I love my dog and am determined to get her back.
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Sabi

When the night- closes in I will- be there
 
 
Barked: Thu Jan 10, '13 11:13pm PST 
The SPCA here will board dogs under certain circumstances. Generally in domestic violence situations, to prevent harm being done to the animals and to remove the risk of a victim staying out of fear for their pets. HOWEVER if you read the fine print owners are required to follow strict rules regarding visits and access and they reserve the right to not return your pets if they deem that the situation is not safe or does not meet THEIR criteria.
Personally, I lived in a car with a Great Dane and I would do it again with 3 or 5 Shepherds before I would ever hand my dog over to anyone.
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Bunny

Black dogs rock!
 
 
Barked: Fri Jan 11, '13 3:44am PST 
Our shelter does board private pay clients and I never thought about the non profit aspectthinking I will ask someone about it.
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Trigger

*Blackdog*
 
 
Barked: Fri Jan 11, '13 6:40am PST 
"Generally, when an animal is taken in by a rescue group during a crisis situation, the owner of the animal retains ownership and the rescue group would not legally be able to withhold the animal from the owner. However, a person’s right to animals may be dependent on written adoption/sale contracts.

If there is a written contract which details the sale/adoption or boarding arrangement, that would be reviewed by the court. If not, the court would likely consider other evidence of the agreement between the parties to determine if ownership transferred or if the arrangement was intended to be temporary boarding."

So where is the contract you set up the day you dropped your dog off proving you didn't indeed surrender your pet? Or left him there longer than the agreed upon time which then gave them the right to adopt him out?


"I had to wait before I could talk to a lawyer, getting an appointment and other legal work takes time. I didn't sit around and wait."

I live out in the middle of nowhere and when I had an issue with my children I was able to set up an appointment with an attorney within a couple days time and retain them the very same day.

It doesn't take nearly a year to get the ball rolling on legal issues and lawyers are everywhere. Even without having the full retainer fee my lawyer was able to start on my case immediately.




"I think you missed something the shelter didn't give me ANY paperwork regarding my dog, I've asked for it over and over and nobody gave me a copy. Because of that, I believe something's not right and forgery was involved."

They shouldn't have to provide you any sort of paperwork at this point. You should have never left your dog that first day without it. It was your responsibility to obtain it at drop off and keep it for your own records.

Now as it stands it's simply an issue of your word against theirs. And unfortunately the span of time you let lapse is definitely not going to work in your favor.
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Rudy

Don't let- anything come- between you
 
 
Barked: Fri Jan 11, '13 9:53am PST 
Actually there's more to it than that but I can't go into details since the only way I can get my dog back is via legal action.

The only paperwork I know of that was given was information on my dog's behavior, what she eats, that sort of thing.

I've asked for that several times and nobody will give me a copy. They know who my dog was adopted out to but haven't given a name.

Pretty much everyone I've talked to about my case including another rescue said I should have gotten a copy. The lawyer I spoke to earlier this month told me I've done the right thing so far.

It took one dog owner in Oregon a year to get his dog back, so I see my case as no different.

Just example of how things take time:

In 2006, a journalist did an investigation on a pet store in Miami that was selling sick puppies. After several complaints from customers who all had bought dogs from this store and airing the report on TV, the state D.A. got involved. It took time but the store owners were charged with unfair trade and deceptive business transactions. In 2008 they filed for bankruptcy.

I'm not giving up, I've come to far not to.

I have my dog's registration to prove she's mine.

Also, according to what I've read regarding pet law including cases involving the return of a pet, it would take a court order for the shelter or microchip company to release the name of whoever adopted the dog or cat.
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Trigger

*Blackdog*
 
 
Barked: Fri Jan 11, '13 1:55pm PST 
"I've asked for that several times and nobody will give me a copy. They know who my dog was adopted out to but haven't given a name."

It is highly (and when I say highly I mean highly) likely you will never get a name.

I have never heard of a shelter of any kind giving out personal information on new owners.

Even if you ever get to court I am very sure that information will be kept confidential. I'm not sure why you feel entitled to it. The new family didn't do this to you and don't deserve to be put in the middle.

Not to mention, how do you think that information would even help you? It's not like a year later you could just go to their house and demand they give their dog back to you.





"Pretty much everyone I've talked to about my case including another rescue said I should have gotten a copy."

Yes. Before you ever left the dog you should have obtained a copy. If they didn't want to give you a copy you should have walked out of there with him at the end of a leash and gone elsewhere.

And again, the reason you didn't is going to be your word against theirs.

I don't know of anyone who would have left their dog WITHOUT having received a copy of the terms of your agreement.

I hate to be blunt but I really think your lawyer is just trying to take your money.



"It took one dog owner in Oregon a year to get his dog back, so I see my case as no different."

And the circumstances were EXACTLY the same?




"Just example of how things take time:

In 2006, a journalist did an investigation on a pet store in Miami that was selling sick puppies. After several complaints from customers who all had bought dogs from this store and airing the report on TV, the state D.A. got involved. It took time but the store owners were charged with unfair trade and deceptive business transactions. In 2008 they filed for bankruptcy."

You're comparing apples to orange there.

Someone being charged with a petty crime is going to be zipped through the legal system lickety split while someone up for capital murder prosecution and subsequent appeals can take years and years and years.

You're looking at 2006, and then seeing 2008. 2008 is when they filed for bankruptcy not when they were charged or successfully prosecuted with unfair trade and deceptive business transactions.....which is a COMPLETELY different ball park than what you're charging and have no proof of what this shelter supposedly did.

Do you see the difference there?

I'd truly hate to see you spend thousands upon thousands of dollars on a lawyer who is just stringing you along with false hope.

No one's telling you to give up, you need to do what you need to do to find peace with this in your heart but I think it's also important you be realistic about this.



"I have my dog's registration to prove she's mine."

Registration papers only prove you once owned her, not that you currently do.

Your lawyer should have informed you of that.




"Also, according to what I've read regarding pet law including cases involving the return of a pet, it would take a court order for the shelter or microchip company to release the name of whoever adopted the dog or cat."

This is true - it's called a subpoena.

But you have to have evidence to prove the need for one in the first place.

You brought your dog to a shelter, and then waited a year to try to get your dog back. Those are the hard facts. What you say happened and what they say happened beyond that is all a bunch of hearsay and won't be admissible.
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Sabi

When the night- closes in I will- be there
 
 
Barked: Fri Jan 11, '13 3:22pm PST 
I'm going to be the bad guy(girl)here and bring up what might be a sore subject. You have stated repeatedly that you want Rudy back because she's yours. And I have no doubt that you love her, but have you given any thought to her. For reasons unknown you left her in a strange place with strange people. After a lengthy stay she was then sent somewhere else to live with people that we can only hope love her dearly and have made her part of their family. It's been a year or so, legal proccess being what it is it could be another year or more before there is any resolution and IF you win(big if 'cause Triggers right) you will then wrench her from a home she has known for all this time and take her back because YOU want to. I am not saying you did anything wrong, only you know what happened. I just want you to think about what is best for Rudy.
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Rudy

Don't let- anything come- between you
 
 
Barked: Fri Jan 11, '13 5:22pm PST 
Like I've said before I haven't waited a year to anything I've printed flyers and did pretty much everything I can do legally possible for a while. Court is the final step.

I've been so heartbroken and have had graphic nightmares for months and am ready for this to be over.

I miss my dog and I know she misses me too.


The people who adopted her have NOTHING to do with this, other than that they have her.

This whole case is between the shelter and my family, that's all.

Knowing my dog if she saw me right now she'd run up to me and never look back.


I have no doubt in my mind I'll get her back.

Many people have gone to court to get their pets back and won.

Here's one case where an owner tried to get her dog back from a shelter and in the end she did!

Bill Smith giving dog back to owner.

http://www.youtube.com/watch?v=5GvVLEZPx60

I have to agree with this owner's statement and I quote:

"I've learned my mistake but I don't think it should cost me my dog."

If this was your dog,what would you do?

Edited by author Fri Jan 11, '13 5:28pm PST

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Toto, CD, RN, CGC

We don't do- doodles!!!
 
 
Barked: Fri Jan 11, '13 6:09pm PST 
If it were my dog I never would have left it in a shelter, expecting to get it back, without even a copy of the contract, I would have either left her in a boarding kennel or at the very least, with a friend.
If it were my dog, I would have been on their doorstep every single day helping them in caring for my dog and reminding them they were giving her back to me.
If it were my dog I would NOT have waiting from January until Fall to try to get her back. I would have started immediately, the day the shelter placed her, by sitting in a lawyers office, with a copy of my contract, until someone heard me.
If it were my dog I would leave her be in her new home after all this time and be thankful she had a good home since I DID give her up due to problems in MY home, rather than force her to adjust to a new home once more, and count my losses.
If it were my dog, I would make sure I never, ever made the same mistake again!
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Fritz

Fritz, cats are- fun when they- run
 
 
Barked: Fri Jan 11, '13 8:58pm PST 
I've got to agree with Sabi, by now Rudy is probably a part of her new family. She might remember you, but she would mourn for them. If you care as much about her as you seem to care about what you want, you will let her get on with her life.

Also, if I adopted a dog and two years later some owner came out of the blue trying to take my dog away due to some technicality, I would get my own attorney and fight like the devil to keep my dog.
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