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Urgent Advice Needed!


Sunnyflower
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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.

Unless the mircochip was sorted out, the dog would not have been able to be registered under a different name. The database is a combined one in NSW.

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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.

Unless the mircochip was sorted out, the dog would not have been able to be registered under a different name. The database is a combined one in NSW.

Thanks Anne :)

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As my old mate 'Judge Judy :laugh: ' 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 :eek:

laugh.gif Judge Judy is hilarious but works completely of logic and unbiased view! Pending on how tonight goes, I might go and get her a stat dec and have it all sorted. Australia Post works are actually JP's so I will get her to get the witnessing done and have them sign off on it.

I was going to bring Meso home with me this afternoon but she had a fit today for the first time in about 2 months so I told them it's best to keep her with them to save her stress! They will lock her in the house and I told them if she enters into her home without consent to call the police for trespassing!

The girl whom dumped the dog agists her 3 horses at my friends place and she gets charged bugger, she never comes out to see her horses or mucks out the stable or feeds them when the agistment deal is, you look after your horses yourself & when she does actually come she whinges and demands that everyone else does it and has the hide to have a good at her and her daughters as to why a horse hasn't got it's rugs on or why they have been put into a different stable! She's been asked to have her horses removed from the property but now this evil person is refusing to pay her outstanding agistment, stable bedding and water costs.

My blood is boiling about this person and I did up two separate invoices, one for the dog and one for the horses! I've told my friend to put a padlock on the horses gate and to tell her it won't be removed until she pays up to the day the horses are removed.

I don't understand how people can lack appreciation!

Thank you for all the help guys, I really appreciate it and so does she!! :)

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Police won't go around and take possession.

Absolutely correct.

Unless your friend hands over the dog there is no way this person can take it back without going to court. So tell your friend not to open the door if she is scared. No point in any discussion as it won't be of any use or productive. Except to say you are not having the dog back. Sad situation.

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Unless, they jump the fence when your friend is out and take it back. I'd warn them to keep the dog inside when they are out, until this is cleared up.

The dog is and inside dog only and if they are out 9 times out of 10 the dogs are with them otherwise she is locked inside anyways! The property won't be left unattended until the horses are removed from the property and that won't be happening until all monies owing for them are paid in full.

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As my old mate 'Judge Judy :laugh: ' 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 :eek:

stat dec forms are available to download here for Victoria

http://www.justice.vic.gov.au/wps/wcm/connect/justlib/DOJ+Internet/resources/3/1/3128060041ca06659adbde57973ce764/Statutory_Declaration_form_2010.pdf

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Guest donatella

Your friend should ring the council and have the horses impounded.

We had to do that with a bull that was dumped on us.

poor horses :(

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Your friend should ring the council and have the horses impounded.

We had to do that with a bull that was dumped on us.

I wouldn't do that as they may never see the money that's owed

Chances are they will never see the money anyway - but at least they won't have to cover the cost of continued care of the horses.

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With the horses unfortunately you cannot legally stop the owner removing the horses regardless of if she has paid the outstanding agistment or not.

Horses ( and to my knowledge ) dogs are classed as possessions and you cannot withold them from their rightful owner, with the exception of inceasing their value ie: if the horses were there being educated ( hence more valuable due to the training )the person owed the money can hold onto the goods ( horses) until monies are paid.

With regards to the agistment the person owed the money can submit an itemised account to the agister & if no monies are paid then the person owed the money can take them to what was previously called small claims court ( can't remember what it is now called) and recoup their costs.

With the dog I beleive it would be a similar situation.

Its a sticky situation & 1 I would be seeking legal advice for, until then I would personally remove the dog in question to somewhere not known to the person trying to regain ownership until you are sure of your legal options ;)

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With horses it's also about the agisment agreement alway get them to sign an agreement with cost and care include and make sure they are issued with a recipt everytime because if there is no agreement written and signed then you will not get paid if you have a dodgy person and there is not really much you can do about it but if there is an agreement you can take them to small claims

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It is up to the person wanting the dog back to prove they are the 'rightful owner' though. The dog has not lived with that person for 12 months and there is evidence they gave the dog away. Your advice is incorrect in this instance hellier.

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