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A friend was going to give his puppy he had for maybe 1 month that he was putting in a shelter now wants him back after 3 month

San Diego, CA |

The puppy is pure bred, he had him for maybe 3 weeks he had to get rid of him and was going to put in a shelter so we took him. He said he would pay for everything if he could still see him when he wanted. Puppy fell and broke paw toes about 3 was after we had him . We were broke so My friend paid the 314 vet bill . He has only seen him maybe 4 times this whole time. Now his dad is kicking him out and he wants his dog back. Has threatened us with the law. He says he is registered owner but what does that mean .according to city he is not licensed to anyone. This puppy has severe separation issues. My friend has not given nor offered me money since ha paid the vet bill in nov of 2012. I have fed him,boarded him,trained him. Do I have any rights in this situation

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Attorney answers 3


Based on the facts as you present them here, it doesn't seem like you've broken the law in any way (other than not registering the dog..). However, that doesn't stop him from calling police or suing you in small claims court for possession.

Good luck.

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.


Tell him that if he wants the dog he is going to have to sue you and if he sues you, you will counter-sue for all your expenses in caring for the dog (food, vet, etc) as well as a daily boarding fee for the time the dog has been with you ($25 - 35 per day). Tell him he is not to contact you again unless it is through an attorney and if he does you will go to the police and file harassment charges.

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


Yes, you do. He gave the dog to you. He will need to file a lawsuit to get the dog returned to him. Registration is evidence of ownership, but not ultimate proof. Tell him that you will charge him for each day of the dog's care if he files a suit against you. Then tell him to stop bothering you or you will file for an antiharassment order. If he continues to bother you, consult with a local attorney.

This is not to be construed as legal advice. I do not have an attorney client relationship with you.