Whose Dog Is It? - Owners Barking Mad In Dog Fight

[suziwong66]

an interesting stoush over dog ownership in the US - i can't understand how the legal battle is STILL going on...the first owner clearly proved ownership - end of story imo. here's the link

OWNERS BARKING MAD IN DOG FIGHT

Yahoo!7

July 13, 2012, 12:55 pm

When you finally stumble across the dog that ran away from home a year ago in the loving arms of his new owner, who gets to keep the dog?

That's the difficult question currently being played out in the courts in the US.

Sam Hanson-Fleming couldn't believe his luck when he spotted his beloved pet pooch Chase sitting inside an idling car outside a coffee shop in the US state of Oregon.

Only the 2 1/2-year-old husky-shepherd mix wasn't called Chase anymore; he was named Bear, and for the last year he'd been in the care of 20-year-old student Jordan Biggs.

None of that mattered when Mr Hanson-Fleming stumbled across Chase, he was just happy to see his best friend after a year.

"Chase instantly jumped out of the car and into my arms," Hanson-Fleming told local media. "He was licking me and loving me - all excited like he gets."

Feeling some sympathy for Ms Biggs, Mr Hanson-Fleming gave her a week to bid a fond farewell Chase/Bear, before returning him to his former owner and his two young sons.

That's where things get messy.

A week later, Ms Biggs said she wouldn't return the dog.

According to Mr Hanson-Fleming, Ms Biggs hung up the phone and cut off all contact with him. Ms Biggs hasn't returned media enquiries.

The difficult task of determining the dog’s rightful owner has fallen to Mike Oswald, from Multnomah County Animal Services.

Mr Oswald told the Oregonian it's not the first time two parties have tried to claim one animal.

"People believe or want to believe it's their animal," he said. "These are gut-wrenching decisions. They're difficult decisions."

Presenting photos of the dog on holidays with his family, Mr Hanson-Felming showed there's no doubt the dog had once belonged to him, and should be returned to its original owner.

Ms Biggs claimed the dog couldn't have been properly cared for if it was able to jump a fence and escape for a year.

She argued she had successfully cared for it for over a year, and should be allowed to keep doing so.

After months of agonising back-and-forth legal maneouvering, the authorities ruled on Mr Hanson-Fleming's side, arguing Ms Biggs hadn’t taken the proper steps to try to find the dog’s original owner.

Mr Hanson-Fleming made regular calls to the local animal shelter, posted flyers around town and posted lost dog information online, to no avail.

Ms Biggs failed to file a found report, which would have given her ownership of the dog after 180 days.

Surrounded by friends and family this week, Mr Hanson-Fleming was overjoyed when he read the finally ruling giving him ownership of Chase but his joy was short-lived.

Ms Biggs has already filed a civil suit, asking a judge to grant her custody of the dog.

In her suit, she claims that Hanson-Fleming has "threatened to impair (her) full enjoyment" of "her own dog."

She alleges Mr Hanson-Fleming was negligent in allowing the dog to run away.

The case continues.

[OSoSwift]

She didn't follow correct procedure which would most likely have enabled the original owner to find his dog do the dog is his. If she had of gone through the correct legal steps the dog would be hers- simple.

Oh and I am guessing the dog wasn't chipped? If so it could have been flagged as lost so if she tried to change it the note would have come up allowing him to be contacted

[Dame Aussie]

It's his dog, simple. She should have taken the dog to the pound, not just stolen it.

[Tralee]

I think she's barking up the wrong tree.

I wouldn't have given her a week to say toodles.

She stole the dog, so there's no argument.

[Tibbie_tabbie]

Urgh, that poor guy. To have finally found his dog and still have to go through this!

If you find a dog you don't just assume it can now be yours! In his situation i would have done the same, and would now be filing a theft complaint against her.

[Decadence]

Well the dog should have been microchipped! But the woman is clearly a thief, good intentions or not. I'm sure the civil suit will fall through.

[Guest _MADCAT_]

I sort of know how they feel...

last April for my birthday (after thinking long and hard for a few years) I decided to get a main registered Bullmastiff to eventually Show etc when the time was right and I was settled.. My bf at the time (now ex)and I were renting (we had permission to have Frank my bullmastiff pup there) and eventually we broke up because he was verbally abusive and made me feel like I was useless... he paid for the dog upfront but he was registered in MY name, microchipped in MY name, everything in MY name... a few months before we broke up I asked if he wanted the money for the dog or a gear box (we paid $1200 for the pup but he said he wanted the gear box which was worth $1750)

Eventually I told him we weren't working and decided to break up with eachother, Things then got nasty.

I went out to get lunch one day and took my dog with me (he went everywhere with me, he is my soul mate dog) and when I came home I was literally gone for 20 minutes, half the house was packed up and he had some of MY stuff in his piles.. I said no thats mine and he started SCREAMING at me, calling me all types of name saying I was a lying cheating ***** etc etc. I noticed he had gone into my room (we slept in seperate rooms when we broke up for a week before he moved out) and he said he was making sure I didn't steal any of his stuff etc..

he then started slaming doors and yelling at me saying "give me my fkn dog, I fkn paid for him" etc etc - he lost his mind.

I was balling my eyes out saying I'm calling the police and he said "Good! then they can protect me from you hitting me" ??!?!?!?! I never laid a finger on him!!! I'm a 54kg girl for christ sake!

I grabbed frank who was still on his lead and put him in my car and drove up the road to my friends house who took me in for a few days because I was too scared to go "home"

on the weekend the police came with my ex and his friend to grab the rest of his stuff (once again - some was mine but I didn't want an argument it was only car parts - we both have import cars and love our cars)

he then stood there with the police behind him asking where "his" dog is, he is going to sue me for "his" dog etc.

the last 2 months I lived there he refused to pay rent and took me to court to get his name off of the lease, but the problem was I was a fulltime carer for mum and it really doesn't pay that great... so I of course got evicted because of my ex but thankfully my friend still had my dog who I saw every day or every second day..

he (my ex) had to pay all the court fees because he had no case and lied about the abuse and had no evidence where as I had text messages, facebook stuff, friends stat decs etc.

He then sent me a letter stating I had 21 days to "Return his dog" to him or I face legal actions.

I saw a lawyer and got some great advice and replied to him saying I will not be returning my dog due to he was behind 2 months in rent which lead me to be evicted, I had a receipt proving i'd paid the dog back AND THEN SOME!

Which lead do a very dark part of my life... I used to hang out in the hills with my friends and our cars - the place we used to hang out got tagged and had some VERY harsh words written saying "josie and the pussy c**ts" and much worse stuff - all from my ex and his new girlfriend... (his new gf actually dated 3 of my ex's within weeks of me leaving them)

my car, my parents car and my brothers cars all got egged regulary, always had people screaming stuff out past my house etc.

I had no "actual" proof and no matter how many times I went to the police station saying I'm scared for my life, the life of my dog etc they wouldn't help me and said I need more proof?!

Long story short - I have nothing to do with my ex yet the abuse still slowly goes on.. my dog is now 17 months old and he's the best thing thats ever happened to me. My friend who took my dog in and I eventually started dating and hes the best guy I've ever been with and I couldn't imagine my life without him.

it took a bit of fighting but eventually the court and lawyers who I got advice from said too bad he's all registered in your name etc.

Sorry for the rant, but I couldn't imagine losing my dog. I'd sell my car and everything I own to keep my dog... Dogs are for a lifetime, not because they're cute puppies.

<3 my Frank

[Odin-Genie]

Sorry for the rant, but I couldn't imagine losing my dog. I'd sell my car and everything I own to keep my dog... Dogs are for a lifetime, not because they're cute puppies.

That's such a scary story Madcat. I'm so glad you managed to keep Frank. He is gorgeous.

[Guest _MADCAT_]

Sorry for the rant, but I couldn't imagine losing my dog. I'd sell my car and everything I own to keep my dog... Dogs are for a lifetime, not because they're cute puppies.

That's such a scary story Madcat. I'm so glad you managed to keep Frank. He is gorgeous.

Thank you, but my ex had a snowballs chance in hell getting my dog from me. Haha no one can take my boy. As I'm sure most loving dog owners will say!

[Guest donatella]

What a stupid cow. I hope this poor man fights her to the end, this is disgusting!

[raineth]

Isn't it also ironic that she says he couldn't have cared for the dog because the dog got out, when she failed to secure the dog - he was able to get out of her car to give its true owner a big cuddle!

Gees I hope that she doesn't win this latest case!