Are you in a legal battle over a dog your ex gifted you? Worried about losing your beloved pet? Need help navigating this situation without breaking the bank? Find out what steps to take to protect your furry friend and ensure a positive outcome. #dogownership #legalbattle #exboyfriend #petcustody #helpneeded
Is the dog micro chipped under your name?
I assume he is using you in small claims court. If they are actually court service papers you must respond. You don’t need a lawyer for small claims. It seems you have a rock solid case that the dog was gifted to you. The contract between your ex and the breeder is probably irrelevant. He can buy the dog and later gift it to you (which is exactly what happened.) You don’t deny he was the one who purchased the dog.
Bring all this evidence with you to court, organize it so you can easily find every piece, and prove to the judge your dog is in fact yours. It sounds like you have a rock solid case against him and barring any evidence he has that the dog wasn’t gifted to you, you should prevail.
Which court is he suing you in?
Your testimony and other things mentioned are proof this is your dog. Just like jewelry he might have gifted you during the relationship we don’t get gifts back when we break up.
Call your vet and ensure he’s not on any co owner, or authorization paperwork, you can even have them write notes to not release any information. Chip the dog and register it with you, double check on county license that his name is not on there.
Puppers was a gift. Gifts belong to the recipient.
The contracts—the real one or the false one—work in your favor because they establish a timeline for when you took possession. Since all of your vet paperwork is (I’m assuming) dated between the two dates, it should serve as proof that you had physical possession of the dog since Date One.
Dogs are chattel. Its in your possession so its yours. I went thru something similiar with someone trying to sue me for a dog. My friend was dying and asked me to care for the dog. Her daughter came along a couple months later and wanted it.
You will need to review the original contract for terms of shifting possession. There may be grounds for the breeder to reclaim the dog, but given the dog is cared for and all their needs are met there’s not much grounds for the breeder to try to reclaim. Their major points would be abuse/neglect and breeding. You aren’t abusing/neglecting the dog and you’ve had them fixed so breeding is out.
If you have any conversations about the dog being a gift, or if you can get him to admit in text that the dog is a gift he wants back, or if you live in a one-party consent state and record any phonecalls or conversations he has with you about the dog, you’ll want to get copies for the court. If he is suing you in small claims court (likely), you don’t need an attorney and can present the case yourself. Be respectful, don’t interrupt, and be organized. You can get a lawyer to consult with you (either free or a small fee) to go over any soft points or even represent you should it be outside of small claims somehow. Don’t be afraid to call a big firm – they are often the ones best able to afford waiving their fees for small cases.
Is he actually suing you? Have you been served? Or has he just threatened to sue?
Is this in small claims court? If so, you don’t need a lawyer. Seems unlikely he’d go to big boy court for a dog.
You seem to be in good shape documentation wise aside from the full details of the original contract IF that has anything stating he can’t give the dog away. Comb through the original for any wording like that.
I would also see if there are past text messages/communications or if you can recall him saying anything to you when the dog was first purchased/given reinforcing that this dog was a gift. Write down what you remember or have those texts handy. Bring every single vet bill you have, any large purchase items for the dog, or really even small purchases just to show you’ve had the dog the entire time, etc.
I’m a lawyer, not yours. Didn’t say what state. Some states do not allow lawyers in small claims court, some do.
Small Claims court is informal l. By all means take your friends that will testify the dog was a gift. He will have the breeder. In a civil case, the evidence is preponderance of the evidence. IMO, it doesn’t matter who bought the dog, purse, shoes, etc, if the evidence shows he gifted it to you, you have had it in your possession, you have cared for it, it is chipped in your name, it. Be organized and logical. Make sense.
In my experience witnesses are not sworn in, they just tell their story which is why your documents and pictures that predate the contract is so critical. Explain that the breeder may be vindictive because……Again be logical not hysterical.
WRITE your arguments down and stick to your script.
IANAL
Take in all records you have of your ownership. Things like copies of Vet bills, dog registration tags, pet insurance bills, chip registration listing, etc…
Also, take screenshots of anything written communication you’ve had that alludes to the dog being yours and he’s trying to take it. For instance, if he wrote you anything about you having to give the dog back.
Also, if you have anything (old social media posts?) that document the gifting of the dog, take copies of that. Like, if you posted, “Look at the cute puppy He gave me!”
Have these items on paper, in a folder, and organized out so the judge can see that you have documented the gift of the dog, years of vets bills, years of ownership registration, and any proof you have of him calling the dog yours. Judges like people who have clear evidence that is overwhelming and well organized.
He and the breeder will have to deal with a frivolous lawsuit and put fake evidence into the court system. They will probably be fined.
Even though it’s small claims, you may want to hire or speak to an attorney just to cover yourself & ensure you keep your pup. Crazy things happen in court. An attorney may recommend you countersue for the cost of his/her services. Bottom line: Do what you need to do to keep your pup. Good luck! Glad you got rid of the creepy guy who would try to take your dog.
It might vary from state (if in US) but when I was going through a divorce and moved to a new state my lawyer said to license the dogs in my name and have my name only on all the vet records. I also saved all the receipts for vet visits, dog food, medication etc. Thankfully, I ended up not needing them and let my ex keep the house in exchange for the dogs. Good Luck!
Me and my girlfriend got a dog 3 years into our 10 relationship. I worked and she would take the dog to the vet and everything else so every single thing was in her name when we got the dog all of that records everything.
We tried to split custody and that worked for a few weeks until she she got mad at me and told me that she’s going to take the dog and I’ll never see him again. I don’t have children and this dog is my child and is literally everything to me. So when she said that I wouldn’t let her come get the dog anymore. So she sued me and we went to small claims court and the judge heard both of our arguments, the judge split custody between us. And there was set times for drop off and pick up for the dog even through other people. This went on for about a week before one day she just blocked me and stopped contacting me and picking up the dog. Which was perfect for me. I still have the dog to this day.
Technically it’s really only a civil matter so if the judge told me that I had to give the dog back I still wouldn’t have. Nobody will come and take the dog. And it would just be a civil matter at that point.
Some of her arguments were that she paid everything for the dog and everything was in her name. And honestly I have a lot of mental health issue but I get help for them and she tried to bring that up in court too and the judge said that doesn’t have anything to do with this. She moved to the apartment she worked long 12 hours days and at that point I quit my job. My dog lived here for 7 years at that point and this was his home and I have a house and 2 acres of land.
I love my dog more than anything in this world. I’m glad it worked out this way
Practice presenting your evidence so you can sound calm and confident.
A gift is a gift