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Old 03-22-2016, 05:59 AM   #1
Angegibson
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Default Ex and dog

Hi, just wondered if anyone knew how I could go about getting my dog back from my ex. I bought the dog (benji) for me in July 2013. Because me and my ex partner moved in with each other, however the Christmas prior to this I bought the same breed for my ex. (Max). To which this is why I bought benji for myself as my dog. His microchip is in my name, but I for have any paperwork of ownership. & he refuses to give me my dog back, and ha refused for months. I've now got to the point where I want the dog back now! He refuses. Can anyone help?
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Old 03-22-2016, 10:35 AM   #2
AFFA
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Default Re: Ex and dog

I wish to inform you that you may claim ownership of your dog. Generally dog ownership is treated similar to ownership of a thing. As you are owner thus you may first claim its possession from other party. You may first give notice to your ex for possession of dog and if she refuses then you may file a lawsuit for possession of dog. Your name as owner in chip may be regarded as evidence of your ownership of dog.

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Old 09-25-2016, 11:21 AM   #3
Mildred738
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Default Re: Ex and dog

Hi, I have the same issue as the person above.
Can I file in small claims court to get my dog back?
Is that allowed?
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Old 09-26-2016, 10:39 AM   #4
Mannyr
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Default Re: Ex and dog

You can try but most small claims courts just order money damages.

So the judge could say give the dog back or pay 1000 dollars, for example.
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Old 09-27-2016, 07:53 AM   #5
nasa3
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Default Re: Ex and dog

Does a chip if its in your name mean that legally you own the dog and will win the case for sure?
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Old 09-27-2016, 04:39 PM   #6
adjusterjack
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Default Re: Ex and dog

Quote:
Originally Posted by nasa3 View Post
Does a chip if its in your name mean that legally you own the dog and will win the case for sure?
It's only a piece of evidence. A strong piece for sure but it's not an automatic win as there could be other evidence that rebuts the chip as evidence of ownership.
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Old 09-28-2016, 08:52 AM   #7
LJJ
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Default Re: Ex and dog

Yes it is a VERY strong piece of evidence.

Unless contradicted wholly, I would say that that is enough to show you own the dog.
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Old 09-29-2016, 07:18 AM   #8
241DAN
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Default Re: Ex and dog

Even though small claims courts are just supposed to order money damages I can tell you that sometimes they DO order people to return a specific item.

Our neighbors just finished a heated case over a pet, and that is exactly what the judge did. And who is really going to argue with the judge?
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