Sunnyflower Posted September 27, 2011 Share Posted September 27, 2011 I need urgent advice regarding a persons possible legal right to a dog! A lady asked a friend to mind her 10 week old Chi X pup last September whilst she went interstate for her wedding, upon returning she collected the dog only to return it 2 days later as the pup was too hard and peeing everywhere and this little dog has lived with my friend ever since. The dog in question is very much loved by my friend and her children and lives a wonderful life sleeping in their beds, never left alone during the day and has a property to run around on! There has now been a falling out over other matters and out of spit the lady who dumped the dog is planning on coming over tonight to take the dog back despite not wanting her in the first place and hasn't paid a red cent towards the dogs care over the last 12 months. The issue we have is the dog is still in the old owners name only the microchip as the dog isn't registered with the council. Does my friend have an legal right to this dog or to have the microchip changed into her name to prevent her from taking the dog back? This little dog suffers from fits on occasions and my friend manages very well to ensure they don't happen, however if she does happen to suffer from a fit whilst in the old owners care she will put her to sleep! If she takes her she is destined to a life of being locked outside with 2 very large dogs and very little human interaction. The dog is only about 2kgs and is not an outside dog! If there is nothing that can be done I will have to let her know but if there is please point me in the right direction so I can have it sorted before tonight. Thank you. Link to comment Share on other sites More sharing options...
poodlefan Posted September 27, 2011 Share Posted September 27, 2011 (edited) Your friend can tell the old owner BEFORE she arrives that she can either sign over ownership of the dog or see her in the Small Claims court to repay all money spent on the dogs's board. Calculate that at $50 a week and hit her with that amount in a invoice TONIGHT. If the dog leaves the property, file the claim. If your friend has the cash, I'd be seeing a solicitor this arvo and doing everything not to hand the dog over. Edited September 27, 2011 by poodlefan Link to comment Share on other sites More sharing options...
Ali Posted September 27, 2011 Share Posted September 27, 2011 I need urgent advice regarding a persons possible legal right to a dog! A lady asked a friend to mind her 10 week old Chi X pup last September whilst she went interstate for her wedding, upon returning she collected the dog only to return it 2 days later as the pup was too hard and peeing everywhere and this little dog has lived with my friend ever since. The dog in question is very much loved by my friend and her children and lives a wonderful life sleeping in their beds, never left alone during the day and has a property to run around on! There has now been a falling out over other matters and out of spit the lady who dumped the dog is planning on coming over tonight to take the dog back despite not wanting her in the first place and hasn't paid a red cent towards the dogs care over the last 12 months. The issue we have is the dog is still in the old owners name only the microchip as the dog isn't registered with the council. Does my friend have an legal right to this dog or to have the microchip changed into her name to prevent her from taking the dog back? This little dog suffers from fits on occasions and my friend manages very well to ensure they don't happen, however if she does happen to suffer from a fit whilst in the old owners care she will put her to sleep! If she takes her she is destined to a life of being locked outside with 2 very large dogs and very little human interaction. The dog is only about 2kgs and is not an outside dog! If there is nothing that can be done I will have to let her know but if there is please point me in the right direction so I can have it sorted before tonight. Thank you. Simple just take the dog to another firends house and tell the friend that the dog got out and hasnt been found....then go pick the dog up in a couple of days.. Link to comment Share on other sites More sharing options...
Dju Posted September 27, 2011 Share Posted September 27, 2011 Your friend can tell the old owner BEFORE she arrives that she can either sign over ownership of the dog or see her in the Small Claims court to repay all money spent on the dogs's board. Calculate that at $50 a week and hit her with that amount in a invoice TONIGHT. If the dog leaves the property, file the claim. If your friend has the cash, I'd be seeing a solicitor this arvo and doing everything not to hand the dog over. $50 a week sounds a bit unbelievable But still a great tactic, definitely get your friend to do this. Link to comment Share on other sites More sharing options...
WreckitWhippet Posted September 27, 2011 Share Posted September 27, 2011 check the going rate for board in the area, it's more likely to be around $16 a day. Add to that any medical expenses, the cost of worming and flea treatment. Link to comment Share on other sites More sharing options...
poodlefan Posted September 27, 2011 Share Posted September 27, 2011 (edited) Your friend can tell the old owner BEFORE she arrives that she can either sign over ownership of the dog or see her in the Small Claims court to repay all money spent on the dogs's board. Calculate that at $50 a week and hit her with that amount in a invoice TONIGHT. If the dog leaves the property, file the claim. If your friend has the cash, I'd be seeing a solicitor this arvo and doing everything not to hand the dog over. $50 a week sounds a bit unbelievable But still a great tactic, definitely get your friend to do this. What Pav Lova said.. $50 a week is cheap. Like a boarding kennel, you friend has a right to retain the dog until payment is made for outstanding board. Edited September 27, 2011 by poodlefan Link to comment Share on other sites More sharing options...
Dju Posted September 27, 2011 Share Posted September 27, 2011 Ah, well, true, it will probably be considered board by a judge, I forgot that. (I was calculating it as though a transferal of ownership had taken place but obviously that's not right if the original owner wants the dog back) Link to comment Share on other sites More sharing options...
Sunnyflower Posted September 27, 2011 Author Share Posted September 27, 2011 Thank you guys. I will do an invoice up for her now and take it over to her! Unfortunately my friend doesn't have the money and suffers from quite bad depression and this dog really helps her so I will do anything to ensure the dog doesn't go. I do like this suggestion and I will follow ensure she follows it through tonight as I will be there to be a witness for anything that may happen. Aside from my friends heart being broken if the dog went, Meso would be destined either for death or a horrible life! Link to comment Share on other sites More sharing options...
Dogsfevr Posted September 27, 2011 Share Posted September 27, 2011 If your friend has the cash, I'd be seeing a solicitor this arvo and doing everything not to hand the dog over. $50 a week sounds a bit unbelievable But still a great tactic, definitely get your friend to do this.What Pav Lova said.. $50 a week is cheap. Like a boarding kennel, you friend has a right to retain the dog until payment is made for outstanding board. A boarding kennel would have used a contract outlining payment ,health,vet expenses during the stay & the owner sign it. Unless the same applied here & had something in writing i doubt you can apply a kennel situation at all. They need to get copies of all vet bills & history since there care & not tell the old owner anything if it happens to head down the court path. Photo,s,any special outings that can be documented,phone bills with the calls of the owner highlighted for the past 12 months has the dog been vaccinated ,spayed ,medicated,wormed??Do they have copies of these bills Food bills the more history the better It hard one to now which would be the best legal option & if time is an issue then i wouldn't be home tonight to not allow any heated convo's to happen. Link to comment Share on other sites More sharing options...
Maxiewolf Posted September 27, 2011 Share Posted September 27, 2011 The old owner also doesn't have legal right to step onto the property and "take" the dog anyway. You friend can simply refuse to give the dog back until the old owner produces evidence that the dog is hers, or a court order demanding its return. And If the old owner wants to spend that kind of money, then go forward with the invoice for caring for the dog every day for 12 months. Link to comment Share on other sites More sharing options...
oakway Posted September 27, 2011 Share Posted September 27, 2011 Quarantine charges for dogs is $39.00 per day for boarding. Link to comment Share on other sites More sharing options...
poodlefan Posted September 27, 2011 Share Posted September 27, 2011 A boarding kennel would have used a contract outlining payment ,health,vet expenses during the stay & the owner sign it.Unless the same applied here & had something in writing i doubt you can apply a kennel situation at all. You don't need to have a written contract to create a legal entitlement to payment for services. It's certainly better, but not an absolute requirement. Link to comment Share on other sites More sharing options...
Guest lavendergirl Posted September 27, 2011 Share Posted September 27, 2011 Agree with all these suggestions - simply do not make it easy to retrieve the dog. Don't be home, don't answer the door and let the original owner institute any legal proceedings and incur the costs of retrieving the dog. Once she has to start paying legal bills there might be a change of heart! Link to comment Share on other sites More sharing options...
Rysup Posted September 27, 2011 Share Posted September 27, 2011 I would not be letting the person enter the property. Let them prove the dog is theirs. By the sounds it will be all too hard and they will let it go. Link to comment Share on other sites More sharing options...
WreckitWhippet Posted September 27, 2011 Share Posted September 27, 2011 Go to the DLG website and print off the C3A form ( change of owner details ) for your friend, so she can ask the person that left the dog with her, to sign it. Link to comment Share on other sites More sharing options...
~Anne~ Posted September 27, 2011 Share Posted September 27, 2011 (edited) The old owner also doesn't have legal right to step onto the property and "take" the dog anyway. You friend can simply refuse to give the dog back until the old owner produces evidence that the dog is hers, or a court order demanding its return. And If the old owner wants to spend that kind of money, then go forward with the invoice for caring for the dog every day for 12 months. Exactly. Also, a microchip record DOES NOT constitute legal claim to a dog. However, to enable the chip to be registered in their name is going to be very difficult unless the old owner agrees to do it or a court determines ownership. Edited to add - tell them not to hand over the dog until it is sorted legally. Although not 100% accurate, the saying that possession is 9/10ths of the law is not far off with some matters. Edited September 27, 2011 by ~Anne~ Link to comment Share on other sites More sharing options...
TrinaJ Posted September 27, 2011 Share Posted September 27, 2011 As my old mate 'Judge Judy ' would say.... "YOU abandoned the dog with the defendant because you couldn't handle the peeing, what did you expect the dog to do hold it in? In that time you didn't pay anything toward the board, feeding or veternary bills associated with having a dog, nor did you dedicate the time in giving this dog any training". She would then do as someone else suggested and add up how much your friend would have spent in the 12 months owing a dog, think generally 1 dog words out to about $1200 (read this someone once, dunno where). She would then say to the original owner of the dog, you can pay 1200 to your friend and you can have the dog, or the dog stays with your friend, of course she would also make sure that your friend was okay with it In the case that the lady calls the Police to come around the take posession of the dog, I would suggest your friend get a stat dec (think its around $2 from Aus Post)signed by her neighbours and vet, then have it witnessed at the Police Station, that she has been the sole person careing for the dog for the past 12 months. The nerve of some people, really Link to comment Share on other sites More sharing options...
WreckitWhippet Posted September 27, 2011 Share Posted September 27, 2011 Police won't go around and take possession. Link to comment Share on other sites More sharing options...
Kirislin Posted September 27, 2011 Share Posted September 27, 2011 Play it safe and have the dog somewhere else tonight so she cannot take it. Get payment in CASH not a cheque before handing over the dog. Link to comment Share on other sites More sharing options...
grumpette Posted September 27, 2011 Share Posted September 27, 2011 (edited) The issue we have is the dog is still in the old owners name only the microchip as the dog isn't registered with the council. Does my friend have an legal right to this dog or to have the microchip changed into her name to prevent her from taking the dog back? Should have registered the dog with the council as this helps to show responsible pet ownership, not that the dog is just being looked after for a while. Edited September 27, 2011 by grumpette Link to comment Share on other sites More sharing options...
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