Dog picked up, what to do?

[cdurham81]

What is the name of your state (only U.S. law)Ky?

I have a dog, that I have owned for 3 years. She is a mutt so she has no papers, like AKC, I rescued her from a gas station when she was a puppy and she has been a part of my family ever since.

When my and my g/f split up, she has our son about 75% of the time because of our work schedules, my son has grown up with the dog and vice versa, so the dog stays over there every other weekend or so with him, just depending on whether he asks or my ex has time.

This weekend I droppped my dog off with my son on Thursday, Saturday morning someone came into my ex's house while she was gone, left the front door open(its an inside dog), and let the dog out of the house. She called me and told me when she got home, I left and looked for the dog all around her house that day and night. The dog has a clearly labelled chain/collar with my name and phone number on it as well.

Monday, I find out from a relative of my ex's that an older couple was given the dog by someone, I called them Monday to explain to them that I had lost my dog, and I was glad they had found it. But the older man on the phone told me that, the dog had no collar on it when he got it, he likes the dog and they aren't going to let me have it back.

I went to the police, they told me unless I think the man stole the dog(he's too old to have done that) then it is a civil matter, and it has to be handled by the County Attorney, I go to the County Attorney and he agreed and said it was a civil matter, and that I had to file a Small Claims complaint, take it to court and have the judge tell them to give me the dog back.

When I get to the clerk, they tell me, that they think the only thing I could file a claim over is the cost of the dogs vet bills up until this point. I think I am going to file a claim anyway. I probably would've just dropped it, but I'm attached to the dog, and its part of my family and I think just because they dont want to give it back is a pretty bad reason.

Also as far as proof the dog is mine, I have vet bills, pictures, and the dog is also included on my lease for the home I rent.

Is there any other way to handle this or is small claims the only way? Talking to the man on the phone does no good, and every person from the court/police seem to keep pointing me in different directions. Any help would be really really really appreciated.

 

[Ohiogal]

The guy is too old to have stolen the dog? Really? Sue the man in small claims court. Or sue your ex for being negligent with the dog that was in her care for the cost of the dog.

 

[cdurham81]

Well, I did the paper work on the small claims complaint today, and my court date with the man is July 30th.

I called him again before I finished the paperwork in the court house, to see if I could get him to understand. I told him that I could prove to him through pictures, paperwork that I was the only owner the dog had for the 2 years and 7 months that she has been alive. I would show it to him if he liked, so we could save us both some time and money going through this court stuff. That the dog has been one of my friends and part of my family and we just wanted her back, and couldn't he see how he might feel if he were in my position. I told him I would pay for him and his wife to adopt another dog, or if that didn't suit him. That I was planning on letting my dog have a set of puppies 2-3 months from now, and that he could have first pick.

He said he didn't want another dog, he wanted that one. He told me he could understand how I would feel because they love the dog just as much as me, and that the only way I was going to get the dog back was if the Police came to his house and physically FORCED HIM to give the dog back and to not bother him anymore (It's the 2nd time I've called him since the dog went missing Sat morning, I called him Monday and today.)

I was seriously considering not doing anything through the court system today, because I thought that this guy was older and a little stubborn and had been misunderstanding the situation and figured I would get a call from him telling me I could come bring my dog home. But now I'm glad that I filed the complaint, even though the court date is 5 weeks away.

Is there anything I need to worry about? I have vet bills that show I'm the only owner, pictures, etc.

Another question I have is, can this man take my dog to a vet, and get her neutered or have anything else done too her? If so, is there a way I can stop it until the court date?

 

[LdiJ]

Well, I did the paper work on the small claims complaint today, and my court date with the man is July 30th.

I called him again before I finished the paperwork in the court house, to see if I could get him to understand. I told him that I could prove to him through pictures, paperwork that I was the only owner the dog had for the 2 years and 7 months that she has been alive. I would show it to him if he liked, so we could save us both some time and money going through this court stuff. That the dog has been one of my friends and part of my family and we just wanted her back, and couldn't he see how he might feel if he were in my position. I told him I would pay for him and his wife to adopt another dog, or if that didn't suit him. That I was planning on letting my dog have a set of puppies 2-3 months from now, and that he could have first pick.

He said he didn't want another dog, he wanted that one. He told me he could understand how I would feel because they love the dog just as much as me, and that the only way I was going to get the dog back was if the Police came to his house and physically FORCED HIM to give the dog back and to not bother him anymore (It's the 2nd time I've called him since the dog went missing Sat morning, I called him Monday and today.)

I was seriously considering not doing anything through the court system today, because I thought that this guy was older and a little stubborn and had been misunderstanding the situation and figured I would get a call from him telling me I could come bring my dog home. But now I'm glad that I filed the complaint, even though the court date is 5 weeks away.

Is there anything I need to worry about? I have vet bills that show I'm the only owner, pictures, etc.

Another question I have is, can this man take my dog to a vet, and get her neutered or have anything else done too her? If so, is there a way I can stop it until the court date?

I would try the police again, one more time. Go there will all of your evidence that the dog is yours and state that the dog got out, someone found it, and that the old man who has it refuses to give it back. Go it person, don't call. It may do you absolutely no good but you may get an officer willing to try to make the man give you back your dog.