- April 23, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation: Dispute over Ownership of a Puppy
### Background:
My ex purchased a puppy as a gift for me and signed the contract with the breeder. After experiencing a tumultuous relationship, I ended things with him. Now, he suddenly wants the dog back, despite her being in my possession for over a year. He rarely spent time with her without me present and would not take her when we had fights or when he went back home.
### Legal Aspects:
The original contract signed by my ex clearly states that the puppy was a gift to me. However, he has produced a fake contract with a different date of sale in an attempt to claim ownership. I have evidence, including time-stamped photos, showing that I had the dog before this new contract was created. Additionally, all official paperwork such as licensing, spaying, vaccinations, and vet exams are in my name.
### Involvement of the Breeder:
The breeder from whom we got the dog has a vendetta against me due to me exposing animal abuse in her care. It is likely that she and my ex are colluding to take the dog away from me.
### AI Legalese Decoder Solution:
The AI Legalese Decoder can help analyze the legal documents involved in this case, such as the original and fake contracts, and provide insights into their validity. It can also assist in building a strong defense strategy based on the evidence and documentation available. Additionally, the AI tool can suggest key points to emphasize in court to secure ownership of the dog.
### Seeking Advice:
As I cannot afford a lawyer, I am seeking advice and tips on how to navigate this legal battle and protect my beloved pet. Any guidance or insights on how to approach this situation would be greatly appreciated. Thank you in advance for any assistance offered.
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****** just grabbed a
Which court is he suing you in?
Your testimony and other things mentioned are proof this is your dog. Just like jewelry he might have gifted you during the relationship we don’t get gifts back when we break up.
Call your vet and ensure he’s not on any co owner, or authorization paperwork, you can even have them write notes to not release any information. Chip the dog and register it with you, double check on county license that his name is not on there.
Puppers was a gift. Gifts belong to the recipient.
The contracts—the real one or the false one—work in your favor because they establish a timeline for when you took possession. Since all of your vet paperwork is (I’m assuming) dated between the two dates, it should serve as proof that you had physical possession of the dog since Date One.
I assume he is using you in small claims court. If they are actually court service papers you must respond. You don’t need a lawyer for small claims. It seems you have a rock solid case that the dog was gifted to you. The contract between your ex and the breeder is probably irrelevant. He can buy the dog and later gift it to you (which is exactly what happened.) You don’t deny he was the one who purchased the dog.
Bring all this evidence with you to court, organize it so you can easily find every piece, and prove to the judge your dog is in fact yours. It sounds like you have a rock solid case against him and barring any evidence he has that the dog wasn’t gifted to you, you should prevail.
I’m a lawyer, not yours. Didn’t say what state. Some states do not allow lawyers in small claims court, some do.
Small Claims court is informal l. By all means take your friends that will testify the dog was a gift. He will have the breeder. In a civil case, the evidence is preponderance of the evidence. IMO, it doesn’t matter who bought the dog, purse, shoes, etc, if the evidence shows he gifted it to you, you have had it in your possession, you have cared for it, it is chipped in your name, it. Be organized and logical. Make sense.
In my experience witnesses are not sworn in, they just tell their story which is why your documents and pictures that predate the contract is so critical. Explain that the breeder may be vindictive because……Again be logical not hysterical.
WRITE your arguments down and stick to your script.
Is the dog micro chipped under your name?
Is he actually suing you? Have you been served? Or has he just threatened to sue?
Is this in small claims court? If so, you don’t need a lawyer. Seems unlikely he’d go to big boy court for a dog.
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You seem to be in good shape documentation wise aside from the full details of the original contract IF that has anything stating he can’t give the dog away. Comb through the original for any wording like that.
I would also see if there are past text messages/communications or if you can recall him saying anything to you when the dog was first purchased/given reinforcing that this dog was a gift. Write down what you remember or have those texts handy. Bring every single vet bill you have, any large purchase items for the dog, or really even small purchases just to show you’ve had the dog the entire time, etc.
IANAL
Take in all records you have of your ownership. Things like copies of Vet bills, dog registration tags, pet insurance bills, chip registration listing, etc…
Also, take screenshots of anything written communication you’ve had that alludes to the dog being yours and he’s trying to take it. For instance, if he wrote you anything about you having to give the dog back.
Also, if you have anything (old social media posts?) that document the gifting of the dog, take copies of that. Like, if you posted, “Look at the cute puppy He gave me!”
Have these items on paper, in a folder, and organized out so the judge can see that you have documented the gift of the dog, years of vets bills, years of ownership registration, and any proof you have of him calling the dog yours. Judges like people who have clear evidence that is overwhelming and well organized.
Practice presenting your evidence so you can sound calm and confident.
Dogs are chattel. Its in your possession so its yours. I went thru something similiar with someone trying to sue me for a dog. My friend was dying and asked me to care for the dog. Her daughter came along a couple months later and wanted it.
if you paid for all her vet care etc and have the proof, she is legally yours and he can’t do anything about it.
As long as she’s under your name for vet records or the vet will vouch you brought her in without him you should be fine.
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Even though it’s small claims, you may want to hire or speak to an attorney just to cover yourself & ensure you keep your pup. Crazy things happen in court. An attorney may recommend you countersue for the cost of his/her services. Bottom line: Do what you need to do to keep your pup. Good luck! Glad you got rid of the creepy guy who would try to take your dog.
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You will need to review the original contract for terms of shifting possession. There may be grounds for the breeder to reclaim the dog, but given the dog is cared for and all their needs are met there’s not much grounds for the breeder to try to reclaim. Their major points would be abuse/neglect and breeding. You aren’t abusing/neglecting the dog and you’ve had them fixed so breeding is out.
If you have any conversations about the dog being a gift, or if you can get him to admit in text that the dog is a gift he wants back, or if you live in a one-party consent state and record any phonecalls or conversations he has with you about the dog, you’ll want to get copies for the court. If he is suing you in small claims court (likely), you don’t need an attorney and can present the case yourself. Be respectful, don’t interrupt, and be organized. You can get a lawyer to consult with you (either free or a small fee) to go over any soft points or even represent you should it be outside of small claims somehow. Don’t be afraid to call a big firm – they are often the ones best able to afford waiving their fees for small cases.
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