woman gives her dog away, then harasses to get it back. help?

riend of my family is a pensioner, looking to get another dog after hers died, someone told her this woman got a dog a 15month old japanese akita, because she didn't get on with the other dog living in the home, so my friend said she would give her a loving home, my friend has got her all up to date with her jabs, and chipped her. the dog has clearly been neglected, not socialised with other dogs or humans and couple of scars on her legs. after being in her new home since December her previous owner wants her back, and is phoning my friend harassing her to give her dog back. where does my friend stand?

2012-01-06T06:07:13Z

sorry just to add, my friends grandson was approached by this woman asking if he new anyone who could give the dog a home, he said yes and took the dog off the woman and my friend picked it up from her grandson, he has a text from the woman saying why she didn't want the dog and thanking him for taking the dog off her hands, he has saved the message, and I advised my friend to log all the calls

2012-01-06T06:19:23Z

no money exchanged hands, this woman didnt want the dog and just gave it to my friends grandson, who gave it to her, the dog only came with a chain, that was it.

2012-01-06T06:58:21Z

my friend is a pensioner, who works part time to get out the house, she has had many years experience, and plans to do all she can to make sure the dog has a healthy life style, she is of sound mind. (maybe re homing the dog before finding out what the previous owner was like was a bit hasty but dog needed a home asap) No money was given to previous owner, She didn't want money for it, she just wanted RID of the dog. which is why we cant understand why she changed her mind.

thanks for all your advise

Lacey UD, RE2012-01-06T06:00:10Z

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Threaten the person with police action if the harassment doesn't stop. Your friend has the upper hand here especially if she can prove that the dog was to be given away. Tell your friend to keep the flyer or other proof that proves that the dogs was to be given away or sold.

Anonymous2012-01-06T06:02:58Z

It's very difficult to prove ownership, unless the current person who has this dog has at least a receipt for any monies that changed hands - and they should have, if only to strengthen the legal position. There is usually a cooling-off period with any new buy/acquisition, but we are talking a living being here and that makes it slightly different. Well actually a lot different!

If this was a legitimate 'buy', then I'd be calling the police, on a non-emergency line, and asking them for their advice. Harassment is a crime by itself and can be stopped. Otherwise, much as possession is 9/10ths of the law, this is a difficult one - and judges don't always see it from the 'best for the welfare of the dog' angle.

Rosalie2012-01-06T06:32:38Z

Given that you have evidence of the fact that the young man paid for the dog, and the past owner was in agreement to that transaction, you have evidence that she entered into that contract willingly and completed it.

Now you must make sure to finalize your transaction with the young man, since at the time you acquired it, the dog was legally his. That will demonstrate the chain of ownership.

You were smrt to ave the dog chipped and register the chip, as well as get him vetted in your name and register him. Given those in addition to the sale, you have all you need to prove that the dog was not taken from her, and she has no right to complaint. Even if she did, there re limits to the amount of complaining she may do, before it becomes harassment.

It sounds as if this woman has some mental problems - contact your animal control officer as well as the senior council. It sounds as if there is possible abuse neglect to any other pets she may have, and she quite likely needs to be looked in upon herself. Sadly, this happens in the lederly who have no one else looking after them, and it may be that she needs to be convinced to move to assisted car. Certainly the other pets need the ACo to check on them.

If they determine she is of sound mind, file a police report about the harassment.

anna2012-01-06T05:56:23Z

Possession is 9/10 of the law. Your friend needs to get some legal advice but if the person gave her the dog, done is done. Talk to animal control about legislation in your area. And tell your friend to screen her calls. She doesn't have to pick up this person's call if she doesn't choose to.

?2016-12-08T22:03:44Z

you may call the police and charge the previous proprietor with harassment in case you prefer to. when you consider that there become no money exchanged, the canine is seen a present. the previous proprietor has no precise to call for it lower back.

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