How do I get a writ of replevin for a dog?
3 attorney answers
A simple demand letter from an attorney to your former friend here might do the trick. Sometimes when individuals see you are taking legal action against them they choose to do the right thing.
As you can see by Mr. Swan's response, seeking a writ of replevin is more complicated than one would think, The procedures are jurisdiction specific. Frequently, individual counties have their own requirements as far as enforcing them. It is very easy to make a mistake. Many attorneys have never done a complaint and motion for replevin. Even for an attorney, they can be complicated. It can also get quite expensive if the other side chooses to fight it. I strongly recommend that you contact an attorney to assist you. You will need to gather everything that you have that evidences your ownership of the dog (microchip records, licensing records, an adoption agreement, purchase and sale agreement, veterinary records, etc.) Also, any correspondence that you have with your former friend that evidences the fact that this was a temporary arrangement would be extremely helpful. A motion and complaint for replevin should be preceded by a formal letter demanding return of your dog and indicating that you will be filing suit if your dog is not returned. On rare occasions, people will return animals to their rightful owners upon receipt of such a letter.
This is not to be construed as legal advice. I do not have an attorney client relationship with you.
My office just represented a client in a personal property rights case. With the filed complaint, you'll need to attach a prejudgment motion for writ of replevin. With the motion you'll need to accompany it with a memorandum supporting your motion (this is your argument as to why the motion should succeed. It's also a good idea to file a motion for a temporary restraining order/preliminary injunction to prohibit the former friend from selling, transferring, or otherwise getting rid of the dog in the event the motion fails. The writ will be governed by Rules 64A & 64B of the rules of civil procedure.
Best of luck
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