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Old 12-18-2011, 09:50 AM
 
Location: Mountains of middle TN
5,245 posts, read 16,422,203 times
Reputation: 6131

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Quote:
Originally Posted by phonelady61 View Post
Excuse me but if that were my dog he would have no choice and I would be going over to their home with a deputy or a county sheriff . You can prove she is your dog . He cannot keep her , he has no choice . Go get your dog !!!
Actually, in most states an animal that is in the 'pound' is considered the county's or city's property after 72 hours. At that time you've lost any legal right to the animal which is how they're legally allowed to re-home, sell to a lab or euthanize your pet. So the sheriff's office can't do anything. However, if you've got proof that you did contact them prior to the time frame which the animal's ownership would have been transferred to the city or county, it would be a civil action and you could file a civil lawsuit. Generally the monetary award would be pennies, but if you can prove it caused mental anguish to any of you, in some states you can also sue for that.

I hope they give the dog back. It's a sad situation.
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Old 12-18-2011, 10:02 PM
 
4,918 posts, read 22,673,640 times
Reputation: 6303
Quote:
Originally Posted by mrs1885 View Post
Actually, in most states an animal that is in the 'pound' is considered the county's or city's property after 72 hours. At that time you've lost any legal right to the animal which is how they're legally allowed to re-home, sell to a lab or euthanize your pet. So the sheriff's office can't do anything. However, if you've got proof that you did contact them prior to the time frame which the animal's ownership would have been transferred to the city or county, it would be a civil action and you could file a civil lawsuit. Generally the monetary award would be pennies, but if you can prove it caused mental anguish to any of you, in some states you can also sue for that.

I hope they give the dog back. It's a sad situation.
Agree, in pretty much all state lost animals turned into the proper authortiy becomes their property aftre a certain time frame. Also, most states say the owner is the sole and only person responsible for identifying their lost pet. Pretty much no matter what you post, fill out or describe has any bearing, only you physical inspection of turned in animals with some paces also saying that a proper functining and readable microchip is enough if you can't personally come in to check all the time.

We all know how overcrowded, underfunded, fast paces some A?Cs and sheters are and that one persons description may not match what another is seeing, microchipping is essential and constantly checking the shelters instead of relying on staff is so important.
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Old 12-19-2011, 12:43 AM
 
Location: Georgia, USA
37,102 posts, read 41,226,282 times
Reputation: 45088
Memphis,

So glad Dale is safe, and I hope her new "owner" will do the right thing and return her to you.

Since he must live not too far from you, perhaps you could offer him "visitation rights".

Maybe he would agree to keep her for you when you go on vacation. No boarding fees!
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Old 12-19-2011, 09:37 PM
 
Location: In the Redwoods
30,311 posts, read 51,912,730 times
Reputation: 23696
Quote:
Originally Posted by SheridanPDC View Post
I know if it were my dog, I would beg plead borrow & steal to get him back. That may be wrong, but it's what I'd do. My dog is my dog and that's it & I would not care if the "law" was not on my side.
Ditto... if your CHILD were kidnapped (or even legally adopted without your consent), would you care about the law if it meant getting them back? I feel the same about my pets, especially the dog - and he's so attached to me, I doubt he'd give them a choice in the matter either.

Good luck in getting her back!
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Old 12-19-2011, 09:44 PM
 
Location: In the Redwoods
30,311 posts, read 51,912,730 times
Reputation: 23696
Oh, but speaking objectively, I guess we have to consider the length of time she's been gone. Just thinking about that aspect, since I've had my street-rescue kitty for over 3 years... and she was still a kitten when I rescued her, so she's totally MY cat by now. If her original owner (she's likely feral) showed up tomorrow demanding her back, I'd say "sorry, she's mine and is not going anywhere." But if Dale is an adult dog, I'm thinking after 6 months you still have a right to request her back. Tough situation, for sure.
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Old 01-03-2012, 03:59 PM
 
Location: Sango, TN
24,868 posts, read 24,377,473 times
Reputation: 8672
New update.

Called this man Friday night, nothing. I went by the animal refuge Saturday 12/17. They had no record of her ever being picked up, adopted, nothing. The county had no record of her being picked up.

Finally I got through to the man who has my dog. He at first said he adopted her at alaqua animal refuge, I was sitting there with the manager. He said "We have no record of that, by his name." When I told Mr. X, the man who has my dog, about that, he said "Well it wasn't an official adoption. A friend of mine, Janet, works there and told me about the dog and brought her to me."

At this time, the manager said that there was no one that worked there named Janet, and that the dog was never there.

Then Mr. X said that his friend volunteered, but doesn't work there.

So the story has changed multiple times. I went to the sheriffs office, they will only go with me to verify its my dog by site, but not actually take the dog or file criminal charges of theft, or possessing stolen property.

So we went by today, and he wasn't there. I have never received my call back from Mr. X, and I call him multiple times. I went back to TN for Christmas, my vacation which started on 12/18. So I am now hitting the pavement.

But she is my dog, she heard me through the door at Mr. X's house, and went nuts. I'm doing all I can to get her back. Sheriffs department seems unwilling to do a lot for me.
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Old 01-03-2012, 04:11 PM
 
25,619 posts, read 36,680,593 times
Reputation: 23295
Wow Memphis this situation really sucks. Lots of options though.

Good luck. I don't know how you held your emotions in check the way your have.

I would have snatched the dog back if it were me when I saw it at the groomer.

I would also make a call to the local TV station to put some pressure on the do nothing Sheriff.

I mean getting shots of your son on TV asking for his dog back. What ever it takes.
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Old 01-03-2012, 04:15 PM
 
7,329 posts, read 16,417,593 times
Reputation: 9694
I'm so sorry about all this! I don't know who I feel worse for, you or her. I hope you can get this straightened out, and soon.
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Old 01-03-2012, 04:37 PM
 
4,918 posts, read 22,673,640 times
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Whoa, your in florida correct? if so, just go down tot he court house and file a civil action requresting the return of stolen property. Bring your police report and microchip information. The sitting judge will issue an order to have the police or sheriff accompany you and A/C (you vcan also have anyone who owns a chip reader and is acceptable to the court like a vet or another rescue worker) to the location and scan the dog for a chip. If the chip information matches your information, they will sign the affidavit along with law enforcement. The cops will give them a copy of the affidavit that instructs them to not take the animal outside the courts jurisdiction , sell it or give it away, and you take your copies back to the judge who will issue a summons for them to appear in court and justify their ownership of the dog. If your was the only microchip in the dog, and your claim is verified as to ownership before their claim, you get the dog, plain and simple. However it only works if a readable and recorded microchip is implanted.
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Old 01-03-2012, 04:43 PM
 
25,619 posts, read 36,680,593 times
Reputation: 23295
Quote:
Originally Posted by PacificFlights View Post
Whoa, your in florida correct? if so, just go down tot he court house and file a civil action requresting the return of stolen property. Bring your police report and microchip information. The sitting judge will issue an order to have the police or sheriff accompany you and A/C (you vcan also have anyone who owns a chip reader and is acceptable to the court like a vet or another rescue worker) to the location and scan the dog for a chip. If the chip information matches your information, they will sign the affidavit along with law enforcement. The cops will give them a copy of the affidavit that instructs them to not take the animal outside the courts jurisdiction , sell it or give it away, and you take your copies back to the judge who will issue a summons for them to appear in court and justify their ownership of the dog. If your was the only microchip in the dog, and your claim is verified as to ownership before their claim, you get the dog, plain and simple. However it only works if a readable and recorded microchip is implanted.
He says he got the dog tattooed. That is like engraving your television in an inconspicuous place. More than enough evidence I would think. Great advice btw.
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