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momof2greatkids asked in PetsDogs · 1 decade ago

My dog help, now old owners want it back !?

last may my daughter and i pulled into a store I actually Never shop at I hate the store, but for some reason did.. there was a man holding a sign saying free dog. so I drove around the parking lot, asked my daughter should we look at it, as i wanted a small dog (we have a golden retriever). he said he was homeless and didnt want to take her to the pound, i said ill take her if you change your mind in a week you can have her back, or find a home in 6 weeks we can talk. i gave him my address/number. WELL 8 MONTHS later he calls and wants her back, hes moving back here and asked for her. I said NO im sorry I luv her like my child you can see her (even though he cant) but shes a chuawa/pincher and sleeps with me, or the kids, goes with me 24/7 I luv her unbelievably. Can he take me to say small claims court, and try to get her back? Although, I would leave or move her till we can, I just cant believe . Im afraid there going to try to take her now.

24 Answers

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  • 1 decade ago
    Favorite Answer

    you have had that dog for more than hlf a year so i dont think he can just pop up and call you and really expect you to give it back so eaily. if i wer in your shooz i would just tell him politly that its your dog and is part of the family. if he trys anything beyond calling you i would bring him to court or call the police. lets just say somthing happened were you had one of your relatives daughter or son. you had them for more than half a year and here comes there mom or dad saying i want him/her back. that makes no sense.

    Source(s): my brain calculating the situation.
  • 1 decade ago

    dog trainer 30 plus years -

    There are so many good answers to this that I support in every way.

    Since I am not a lawyer I would have to say I "doubt" that there is any chance at all that your dog could be gotten through a small claims court. First I would ask first: Do you have all of her shots up to date? Do you have her licensed with your city? If so and you have had her for such a long period of time...I don't think there is any chance that they could. I would also tell the owner that you spoke with a trainer and they said this: After he "gave" the dog to you the dog bonded to you. I am sure that took some doing...an adjustment time where the dog was confused and probably had some high anxiety...After your dog going through that, to switch things back when you don't have to I believe would be mean. It's the best interest of the dog that you both should be looking at. The more home jumping the more confusion, the more confusion, the more behavioral problems will arise that do not need to. When a rescue finds a forever home they make sure it's a home that's not going to change their minds...it's much like adopting a child...you're either serious and committed or it's not going to happen. I think I would change my phone number asap...and just put this down as a learning experience. No one should leave options opened for someone they do not know very well. Although it was a nice gesture...who's to say the dog won't be sold or homeless later? No one knows another person's motives for what they do. Keep your dog & love her...she deserves the love and stability you have given her and helped her to feel secure in. I am sorry for the gentleman if what he says/said is true...but playing with a dogs emotional stability just is not fair. I wish you many years of peace & fun with your sweet little girl.

  • 1 decade ago

    hey.

    no he cant. He gave the dog away for free. you both agreed on a time limit to when the deal can be changed. He knows that.

    in the court of law. if documents where signed then no he cant. bt simply

    saying :

    He gave the dog up for adoption , Did not ask for the dog back in the time line that he had. You are now the right full owners of the dog. as you have maintained the pet and fed and looked after etc.

    whilst he gave it up for adoption and the deal is already off. 8 months is alot longer than 6 weeks. He cant not have the dog back.

    God Bless x

    Source(s): Speak to who you need to speak to, to make sure you are in the right. etc. He cannot have the dog back
  • 1 decade ago

    Since you have possession of the dog, and have had for this long, I don't think that he can claim that it is his dog. First off, he would have to show proof that it was his dog, which he probably doesn't have. Then he would have to actually go to court. That will not be free. Don't worry. Just let him know that although he may want the dog, you have provided it with a good, loving home, and she is better off with you. Also, it would really help if you could get a letter from your vet saying that you are taking proper care of the dog.

    Source(s): er vet
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  • 1 decade ago

    Well, no he can't take you to court because there was no written agreement that he could take the dog back, and the only verbal agreement between the two of you clearly says that he waited too long to take her back. Anyway, I think any court would side with the person who adopted a homeless dog over the person who gave her up in the first place and then tried to get her back almost a year later. Good luck with this.

  • 1 decade ago

    I would be careful as he may try to steal the dog back from you. Anyone can sue anyone in court for anything, but he could not win in the courts so don't worry about that. Do make sure that you keep the dog protected from being dog napped if her knows where you live. They way the internet works, if you have a phone number you can usually find the address. So just protect you pup! It's yours!

  • 1 decade ago

    i dont know alot about political stuff but he GAVE that dog to u because he said it was a homeless and didn't want to take that dog to the pound so therefor it wasnt his to begin with he just found it and willing to give her a nice home but he didnt follow the deal of if that guy changes his mind in a week he can have her back but he didn't change his mind or find a new home for her in 6 months. so he has no right to force you to take her back and tell him that you love this dog like another child maybe that will butter him up

    P.S i really hope you can keep her

  • Anonymous
    1 decade ago

    No he can't take the dog away from you. Just be careful, if anyone tries to investigate this, if you admit you got the dog from him, you may have to prove in writing that he said you could keep the dog. But otherwise if he can't prove it was his, there['s nothing he can do and you do not have to talk to anyone nor admit that he gave the dog to you.

    He gave the dog away and it's not like he changed his mind the next day. This dog has grown attached to you and your family, if that guy cares anything about the dog, he would not want to make the dog sad by taking the dog away from the family he is now used to and loves.

  • Anonymous
    1 decade ago

    He can not take the dog back if you already have papers on the dog and you are a better fit owner than him you get to keep the dog, they will not give the dog back to him because their is a chance that he can't even take care of the dog even though he has a home, dog are expensive!

    Source(s): My mom worked at the SPCA for years!
  • 1 decade ago

    he cant take the dog from you.

    after all its been 8 months.

    i am assuming that the dog is about a year old or so now so you were able to register him with the humane society correct?

    if he is registered with the humane society than you have claimed that you are the caregiver to this dog.

    and i bet he doesnt have anything that says he owns the dog so he cant really take you to court and argue he has ownership of the dog.

    but even if he does you have witnesses that saw him give you ownership of the dog when he gave you the dog and all of the responsibilities that go with owning a dog.

  • Anonymous
    1 decade ago

    i don't think they would do well in small claims court, you guys made a verbal contract, and in small claims that's enough. Just make sure you can provide vet bills and witnesses showing ownership of the dog the past eight months. Honestly, tho, this just sounds like someone who has no life who has deeper issues than the dog. I hope they don't know where you live. Worse comes to worse, offer to give them money to get a dog from the shelter, and make them sign something showing they relinquish any claim to your dog - he sounds like a cutie!!!

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