Legal Advice Sought

[Pheebs]

Hi all

Was wondering if I could please pick the collective brain of DOLers.

We often use the services of a particular boarding kennel here in Ballarat and in doing so have become quite good friends with the operator.

Today she has called me asking for my help in the possible rehoming of a Husky X bitch that has been abandoned at her kennels (she knew that I had been involved with Weim Rescue in some capacity). The owner of this bitch has done a runner and is supposedly now in Tasmania and no one is able to get a hold of him. To clarify the situation, let's call the owner A.

A, I'm guessing is a younger guy and is friends with B. B's father paid for first two weeks of board for the dog. In trying to chase up both the funds and ensure that the dog is collected, even B has said that A has gone completely off the radar.

So we're now left with a situation where A owes the business $550 for services provided until today and has been informed by B's father that her chances of contacting him are slim-to-none and under his recommendation should rehome the dog (not that he has any authority whatsoever).

What does one do in this situation? There's no way of contacting the owner for release details

Thanks in advance! :)

(ETA: I will help advertise and contact husky rescue etc. once we've established legal entitlements to proceed with desexing and other assorted vetwork).

ETA II: She also has in her care two other dogs (an Afghan and a little malt x that came together who are in similar circumstances. People suck )

Edited May 7, 2012 by Pheebs

[Dogsfevr]

It should be covered in her boarding contract that the owners sign ,

Ours covers what the process is .

Chances are they will never get the money but they must follow the legal procedure before moving the dogs on.

They need to check what it is in there state.

[Guest lavendergirl]

What a sad situation for those poor dogs . Does the kennel owner have a statement on their website or paperwork that states what will occur if the dogs are abandoned? I have no legal knowledge but I would think that the dogs will have to be surrendered to the pound who would then contact the legal owners to establish their intentions. The kennel owner or yourself could liaise with the pound about adoption options should the owner not reclaim the dogs. People really are unbelievable

[dancinbcs]

I'm sure there is some legal ruling regarding boarding kennels selling the animals to recoup some of the money owed but have no idea where you would find it. Hopefully someone else with a boarding kennel will know.

[ellz]

If it is anything like abandoned horses on agistment, the boarding kennel proprietor will probably have to go to court to obtain a lien over the dog in order for them to be able to do anything with it. They'll probably have to provide evidence of attempts made to contact the legal owner of the dog etc.

[Her Majesty Dogmad]

This happens far more often than most of us would ever imagine.

It's disgusting to do this to your pet and to the kennel owners.

I wonder if a Stat Dec would cover things? I'd recommend she contacts the local Council or the DLG.

There is an Afghan Rescue and I'm sure a Victorian rescue would help with the Malt x.

Edited May 7, 2012 by dogmad

[Steve]

If she hasnt included this in her boarding contract she had best get a clause in right now - this covers her and is specific about what the procedure is and people know this as they leave their dog behind.

Without that she is wide open to be sued.

[Blossom78]

Yes, she can sue A and have him tracked down and.....

BUT: Unlike in other countries (US or Germany etc.), in Australia you can only get what the person actually has. Meaning you can't really sue for future earnings as I understand this wonderful Aussie legal system.

So sueing him would be a waste of legal fees - chances are he will not be able to pay the debt anyway. I'd say the money is a writeoff.

What she should do:

Change the microchip details of the dog to her name. That costs $7. As she can't get the signature of the registered owner, she will have to complete a stat dec outlining what happened.

It is relatively straightforward.

Once her name is on the microchip, she then can rehome the dog or give it to a rescue to be rehomed. :)

Alternatively, she can just surrender the dog to the RSPCA or pound (I personally like the rehoming-model better though, it does involve more effort on her part though)

[OSoSwift]

It should be covered in her boarding contract.

Usually it is something along the lines of in X amount of days after the dog was supposed to be picked up the boarding kennel owner does this and this. If the person does not pay the account the dog becomes the boarding kennels owners property and they have the right to do so as they wish i.e rehome/euth.

As mentioned if they do not have this in their conditions it should be added ASAP

[Alyosha]

I know in NSW, from experience with horses on agistment, there is a method where the boarder can write three letters - sent registed post etc - requesting payment and animal collection, and after that they can sell the animal and retain any proceeds towards the monies outstanding.

Yes there is Afghan rescue people about. But rescue won't be able to pay large sums to purchase dogs.

[Alyosha]

Just found here: http://www.austlii.edu.au/au/legis/vic/consol_act/daa1994163/

Part 5 might help, this section in particular: http://www.austlii.edu.au/au/legis/vic/consol_act/daa1994163/s66.html

Edited May 8, 2012 by Alyosha

[Pheebs]

Thank you all so much for your thoughts and suggestions, will check back in here when I have more info re: any clause in place in the contract.

[ravenau1]

One of my cats, Jinx, came to us through just this circumstance! It happens quite often in kennels and catteries apparently In our case the cattery owner held onto her for nearly a year before rehoming her.

[DAVERI]

sorry didn't have time to read all the posts but as a registered horse breeder and having run an agistment place i can tell you what i know to be law about stock in qld and nsw. but you may need to check in your state.

if it was not written in my contract that should the animal be left i could not sell or give the animal away. the only legal thing i could do was have the aminal impounded. sad.

at no point could i refuse to hand over an animal should the owner still have outsanding fees (either boarding, vet, stud etc.) unless it was written in a signed contract.

if i had someone leave a horse with me and no come back for weeks and not have the money to pay me and we didn't have a written contract and they wanted to remove the horse i had not legal way of retaining the horse until the fee's were paid if i didn't have a written contract. once they left with the horse and the fees hadn't been paid then i could take them to court (if it was worth it).

if they dropped the horse off and we didn't have a contacted signed and i never heard from them again the only thing i could do is have it impounded. i had not rights to selll the horse for outstanding fees. i also had no rights to lock the owner out of the property or refuse them access to the horse. if they do the runner and move, change numbers etc. im out of pocket.

[Pheebs]

Thanks Daveri...

I went to visit the poor girl yesterday - very smoochy and loving but very hyperactive and desperately needing some love. She is microchipped with the CAR.

The contract in place signed by all clients says the following:

6. If at any time, any charges due to [Company Name] are more than 14 days in arrears, I authorise the Owner of Representative to sell or otherwise dispose of the dog/cat at such time, and in such manner and at such price [if any] and subject to such conditions as you may determine-provided that at least three [3] days prior to the destruction, sale or other disposition, notice of intention to destroy, sell or otherwise dispose of, shall be posted to me by prepaid post addressed to me.

Where to from here? I dropped out of Law School :laugh:

[mita]

notice of intention to destroy, sell or otherwise dispose of, shall be posted to me by prepaid post addressed to me.

Where to from here? I dropped out of Law School :laugh:

I doubt if Law School would even take me! :) but the central issue seems to be lack of any current contact address for the owner.

Could such a contract include wording that 'notice of intention' will be sent to the address provided by the dog's owner (or representative) to the kennels?

It's not a kennels' job to play missing persons detective to find an updated location they haven't been told about....within a reasonable time frame.

Edited May 9, 2012 by mita

[ellz]

I would say that if the owner is known to be living in Tasmania then perhaps a notice in the Public Notices section of the 3 Tasmanian newspapers advising that the dog will be disposed of on such-and-such a date if the owner does not contact the kennel would be ok.

BUT, having said that, I don't know about other states but we have a really good Community Legal Service here which gives advice for free to anybody on just about any subject. Maybe see if there is a service like that, or a free phone-in line in the state where the kennel is located.

Also, many lawyers will give a free first consult so maybe that is an option if all else fails.

[Blossom78]

1336528729[/url]' post='5826835']

Thanks Daveri...

I went to visit the poor girl yesterday - very smoochy and loving but very hyperactive and desperately needing some love. She is microchipped with the CAR.

The contract in place signed by all clients says the following:

6. If at any time, any charges due to [Company Name] are more than 14 days in arrears, I authorise the Owner of Representative to sell or otherwise dispose of the dog/cat at such time, and in such manner and at such price [if any] and subject to such conditions as you may determine-provided that at least three [3] days prior to the destruction, sale or other disposition, notice of intention to destroy, sell or otherwise dispose of, shall be posted to me by prepaid post addressed to me.

Where to from here? I dropped out of Law School :laugh:

If I understand this correctly, the kennel owner sends a letter of seizing the dog to the address on record. Then 3 days later she has the dog.CAR should have a process of transferring ownership without the signature of the registered person.Likely the kennel owner fills out a stat dec explaining the circumstances, an ownership transfers form, attaches a copy of the signed contract and a copy of the notice letter

Then the dog is legally hers (I.e. the microchip will be in her name) and she can do with The dog as she pleases (e.g. Giving him to a rescue organisation)

If that's all too much hassle, she can always send the notice to the last known address and then, 3 days later, surrender the dog t the RSPCA or the pound.

[Bluefairy]

Poor Dogs, get dumped because their owner for what ever reason doesn't/can't want them. Now the Kennels have been dragged into the middle of it all...how can these owners be so heartless as to just abandon these dogs in the first place?

I just don't have it in me to understand why someone could/would do this

Lynn

[LizT]

Surely anyone running a boarding kennel business would be fully voiced in what their entitlments and obligations are under circumstances such as these.

You don't go into this type of business with your eyes closed.

I've seen this happen with horses time and time again. In days gone by the horse was sent to market or sold to recoup losses after three months of non contact and non payment by the owner.