Home > Research Legal Advice > Animal Law > What does an action to recover personal property entail?
Asked about 1 year ago - Madisonville, TN
FlagMy animals were reported stolen. Within 3 days of this, I discovered that my animals had been at a shelter, neutered, and adopted out within 3 days time. I had posted fliers, I had called all local shelters and vets that I knew of, I had called animal rescue groups who then sent out emails and pictures to all shelters, which this one admitted they don't check their emails. These animals are all chipped, but the shelter says their scanner did not detect a chip. I have all of the chip numbers along with the papers. The shelter will not get my animals back. I am being told that I have to file this action, but does that mean I will get my animals back?
Maybe. I'm sorry that I can't be more definitive, but there really is no way to say for sure. You really need to speak with a local attorney who can review all of your documentation (including the police report) and communication with the shelter and advise you on a course of action. The Tennessee Bar Association can give you a referral: www.tba.org
Good luck.
Boy, I am so sorry to hear about your situation. That is awful. However, it is difficult for me to adequately advise you as I am not licensed in Tennessee. But I will tell you that you are in a tough spot regardless of the jurisdiction.
You do not say how your animals came to be "stolen." Did they inadvertently escape your property? Did someone actually steal them? How did they end up at this particular animal rescue shelter?
In your favor is that you had microchipped all the animals, and the obvious question of why did they miss the microchips on all three of your pets (you don't say whether they were dogs or cats or what-have-you, but I'm assuming they're probably dogs).
Another important issue here is why the dogs were not wearing collars with ID tags securely fastened to them, which would have helped effect a speedy return of them to you also.
What's not in your favor is that your pets were intact (not sterilized), which some might argue is irresponsible in this day and age given the huge overpopulation problem. At the very least, it meant you were running a risk, however small, that they would get loose and thereafter breed with an untold number of intact females before being captured.
Lastly, you need to look at what the length of time is that it takes to establish ownership; many places it is three days or less. So you may be able to reclaim your pets, or you may not. I do wish you the best of luck.
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