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It is in small claims. Several months back (I made a post about this too but couldn't find it) I found a min poodle in the middle of a busy street it ran onto a side street and since I almost hit it I picked it up. I took it home with me and posted signs with my number. The dog was well groomed and had a collar but no tags so I figured it belonged to someone. Well after a day no one had got a hold of me. I called animal control a d they came and picked up the dog. A couple hours later I got a call saying they had saw my signs and it was their dog. I told them it was at the animal control. Well not even an hour and half after that (I was actually getting dressed to take down the signs) I got another call saying it was their dog. I told them where it was at also. Well then I got a call about a half hour later from the second lady saying that the dog was not at animal control and she was calling the police. The police came and talked to me and after confirming the dog was once at animal control and picked up by someone (assuming first lady) they could not do anything (she was trying to file theft charges). Now I got a notice that she is taking me and animal control to small claims. Our for $2500
Posted on CafeMom Mobile
by on Apr. 24, 2012 at 8:41 AM
Replies (111-120):
Mommy2BeAmy
by on Apr. 24, 2012 at 12:33 PM

Yes, you are allowed to use a lawyer if you want to-at least in NY you can 

Quoting redhead-bedhead:

There aren't any lawyers in small claims.


Quoting Mommy2BeAmy:

I dont think it is smart you're posting this on the internet, especially if you're being sued. This can be held against you in court if your story should falter or have a small change in it. (not saying it will but these things get dug up by the attorneys or the opposite party, it sucks)

Anyways, well if you know you didn't do anything wrong and you have proper documentation that you DID infact give the dog to Animal Control, then relax, you have nothing to worry about.

Ask Animal Control if they have video surveilance and if they can give you surveilance of the dog being there that day, as well as letting you take someone from the Animal Control as a witnesss...I dont know why you're stressing so much, the dog got out and if its caught wondering the street it always goes to animal control, its something called  A LEASH LAW....anyways dont worry, you will probably win. Good luck!


cdi
by on Apr. 24, 2012 at 12:33 PM
1. She tried to file for theft but I never got charges filed because the police said it was not theft. They just contacted animal control to verify in fact I took the dog there.
2. According to the complaint the person that picked up the dog was never found. They had a name and address for that person in the complaint though.
3. According to the complaint she has vet records proving it was her dog. For all know it was a different min poodle.


Quoting two4one:

She will lose. You did nothing wrong. But I have a couple questions...


1. How can she file for theft, when you brought it to animal control?


2. Doesn't animal control have the name of the person who DID take the dog? Why isn't she going after them?


3. How can she prove it was indeed her dog that was at animal control anyway?


Posted on CafeMom Mobile
LoriLou75
by on Apr. 24, 2012 at 12:37 PM

I wouldn't worry too much, it is VERY unlikely they will win. You did nothing wrong, it is their responsibility to tag, license, microchip their dog.

I found a dog the other day, collar on with a not inside that read "my name is sparky, please call if you find me so I can go home" with NO phone #. Unfortunately pet owners stupidity doesn't surprise me anymore.


“If people are good only because they fear punishment, and hope for reward, then we are a sorry lot indeed”.

-Albert Einstein

Apollos82
by on Apr. 24, 2012 at 12:38 PM
Be sure you counter claim for your lawyer and court fees!
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Aislinn
by on Apr. 24, 2012 at 12:39 PM


Quoting JLo1486:

She can't win a case when she failed to take care of her animal and when you put up signs and took it to animal control. That is not theft. However, you should have waited longer than a day.

 Actually, she should have immediately called animal control and never kept the dog in her possession...

jenandpetersmom
by on Apr. 24, 2012 at 12:39 PM

Not your problem!  They will lose!

ecriswell
by on Apr. 24, 2012 at 12:41 PM

I'm thinking a judge would throw this out. Not your fault that the woman wouldn't spend $5.00 to get a tag with her address for the dogs collar. That is one of my biggest peeves with people!

soon2bemomof307
by on Apr. 24, 2012 at 12:42 PM
I wouldn't worry. You did the right thing. I'm sure the judge would agree.
Posted on CafeMom Mobile
MB13
by on Apr. 24, 2012 at 12:44 PM

No Good Deed goes unpunished!!!! LOL

ladyvamp5489
by on Apr. 24, 2012 at 12:45 PM

 I saw this very thing on Swift Justice a couple weeks ago and the judge threw it out. It was a terrier tho i think. But same exact story, dog found on road collar no tags  posted found poster around the area and after a few days called animal control who took it and the same thing happened, they gave it to a woman who said it was hers and then another person tried claiming it and they took the ppl and animal control to court. They got nothing. LOL

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