Son brings a dog, if the owner shows up do I have to give the dog back. The dog was skin over bones and had been torn up by

Asked over 3 years ago - Westboro, MO

another dog. I have taken the dog to the vet, had shots, cut bruises and torn lip repaired. One surgery on the dogs eye and another one scheulded. A person was out this evening and says they know who the dog belongs to. We have no humane society, and law enforcement does not seem to care. If the owner comes for the dog can I ask him to leave my property and if he wants the dog he pays the bills. Now I don't want him to have the dog I know they will not part with the funds and I am hoping they will leave the dog. I have had the dog for 3 week and they have not looked for. it. Yes I am a natrual rescurer. OMG the dog cannot go back to that life.

Attorney answers (2)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . You're doing the right thing, but it's not the legal thing. The owner, no matter how neglectful they are, has a right to their dog. It's their property. As for the vet bills you paid, the owner can say that there was no "consideration" or agreement for them to pay you for those bills. The owner can sue you to get their property back, so hopefully they won't.

    PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me... more
  2. Laura Mcfarland-Taylor

    Contributor Level 20

    Answered . You are assuming that the owner did not properly care for the dog - that may not be true. If the dog has been missing for some time, then it is possible that his condition is from his length of time away from home, not because of anything the owner did or did not do.

    While I agree that you cannot keep property from its rightful owner you have no obligation to turn the dog over to just anyone that says they own him. Make them prove they own the dog - vet records, tags, pictures, etc - before you just hand him over. I would also require payment for all bills before handing the dog over. If it comes down to a court fight, you can say that you were treating it as a bailment and you might be able to argue that the Agister's Lien is broad enough to cover this situation.

    If we do not have a signed fee agreement I am not your attorney and this is not legal advice.

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