Ex won't give my dog back- need help!

[kharrell77]

Sorry this is long..
I recently broke up with my boyfriend of three years. On our first anniversary he bought me a dog I had asked for as a GIFT, he acknowledged her as a gift and everything. She has lived with me from the day I got her from him until this past summer when my then boyfriend offered to keep her for me because my apartment did not allow pets. I have paid for all of her vet bills, and necessities, etc.

He took a job that required a lot of travel so he sent her to live with his family since I still was unable to keep her due to the apt. We broke up and stopped talking in February and I tried to get in touch with him regarding my dog but he ignored all of my attempts (calls, emails etc), I even spoke with his mom several weeks ago and we discussed that I would be taking my dog back next month (May) and she said that was fine.

Alright, I finally was able to talk to him tonight and I kept asking about my dog and when I could come get her, and then he tells me he SOLD my dog to his parents and has this bill of sale and won't give her back now. He paid for one time of boarding back in the fall, but claims he has paid for everything and that the dog is his since she's in his name. I had planned all along to reimburse his parents for the food and any other costs they might have. I have vet bills in my name as well as many other items I've purchased for her if this needs to go to court.

My question is, since the dog is in his name on the paperwork but was officially given as a gift which everyone knows about, and I've spent most of the time/money on her how do I need to go about filing a lawsuit? I am not suing monetary damages, I just want my dog back. This dog means the world to me and I'm going to get nasty if I have to.

 

[I AM ALWAYS LIABLE]

My response:

Please help us to help you. It appears that your post is quite lengthy. Since we want to help you, it would be appreciated, and in your interest, if you could re-write your post to shorten its length.

Some suggestions would be to remove any extra words that do not go to the heart of your question and issues. Also, if you have any emotional or editorial type words or phrases, please remove those also. In other words, be your own worst critic, and stick to the facts.

Additionally, if you haven't already done so, please use paragraphs rather than running each sentence into the next. This, alone would make your post easier to read and understand.

Thank you for your kind cooperation, and I'm sure, after you've re-posted, someone will be with you shortly to assist you.

Thanks,
IAAL

P.S. If you haven't mentioned your State name, or the State where your problem has occurred, please tell us in your first sentence.

 

[JETX]

Here is your problem, as I see it. You are not interesting in suing for damages (money to replace the animal) and the courts are very reluctant to allow for compensation for loss of the animal (pets, no matter how dear, are still considered property and damages are limited to the fair value of the dog). And you statement that you don't want money, you want the dog back, takes you out of most Small Claims action, since those courts are money courts only and cannot order the return of the dog. You will have to sue in a higher (more formal, read expensive) venue for 'specific performance' (to get an order to return the dog).

Now, if you feel that you have sufficient proof (preferably written, but verbal if needed) to prove your claim to ownership of the dog, you might win. But, this could be a long and expensive process. I suggest that you consider taking a monetary action in Small Claims court (claiming to recover value, plus sentiment, plus emotional damage, etc. - probably not recoverable), but of sufficient amount to make the 'ex' feel compelled to settle out by returning the dog.

You might also consider 'bolstering' your case.... send the 'ex' a Certified RRR letter detailing his gift to you, the fact that you paid all the bills while together, that you LOANED him the dog while you were unable to keep him/her and that he refuses to return the dog now. You might also make mention of the documentation (emails, etc) that you have to support your position. Close the letter with something like, "I really don't understand your claim to have sold (name) to your parents when you clearly didn't have that right, since (name) was still mine!!" and "If you disagree with any part of this agreement, please let me know in writing within 'X' days (5?) of receipt of this letter."

If he fails to respond, you have at least some documentation to show the court that he didn't challenge, and if he responds contrary to your understanding, you at least know what argument he is going to put forth in a possible legal action.

Let us know how this turns out.