# Abandoned Animal Notification Letter



## Dana McMahan

Does anyone have a legal letter that they've used to send clients to notify that the animal will be considered abandoned if not picked up in X amount of days? 

I've got a situation with a dog at my kennel where it was an aggressive training dog which I believe the owners are now dumping. Rather than keep waiting for them to return phone calls, I would like to send a certified letter to get the ball rolling. 

I have two signed contracts where the owner initialed the law regarding animal abandonment, which in California I believe is 14 days time. 

I'm not sure if anyone has dealt with this situation but I'm looking for a sample letter to mail to the owners informing them that the dog will be declared abandoned.


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## Maren Bell Jones

Did the owners leave a deposit or sign anything before they left the dog in your custody?


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## Dana McMahan

Yes, there are two contracts in place. One is our standard boarding contract where the animal abandonment law is on the bottom. The second is one I handwrote specifically for these people (also with the animal abandonment law which they initialed). 

This was a dog I had trained in the past and the people disappeared for 9 months and came back when the dog had put 10 stitches in their 4 year old. Apparently he's had several other bite incidents as well. They were desperate so I offered to take the dog to evaluate at no charge for a week or so (mainly to get him out of the house where the 4 year old still lives). The contract states that there was no charge for the training, therefore no deposit. I'm not worried about money, but I am the only one at the kennel who can actually touch this dog and in about a month I will be gone for a week so there is no place for him to stay safely. Its also not my responsibility to continue feeding/caring for the dog if they are ultimately going to dump him. I'm just tired of waiting for them to make a decision, they need to either relinquish the dog so I can do the right thing and put it to sleep or take the dog back and figure out what to do with it. Its a really unfortunate situation but they seem to have just put the dog out of sight, out of mind and I need a decision made on the dog.


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## Scott Williams

No good deed goes unpunished.


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## Erin Suggett

Dana, did you cite *Civil Code 1834.5. Abandoned Animals* in your contracts? 

Was there a pick up date for the dog listed in either one of your contracts? This is very important.


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## Bob Scott

Will a notarized letter to them fit your legal obligation?


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## Dana McMahan

Erin,
One contract has "2/21/11 - ?" written down in the drop off/pick up space and the other says "1+ week evaluation of Aggression" ... in the contract I hand wrote, it says "I understand that if I do not pick my dog up within 10 days notice of Kennels...." ...

And the actual code name is not written in the contract. I'm realizing now I should have been way more careful with these particular people.


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## Ashley Campbell

What I'd do is start the letter out to the people involved. 

Write up a draft such as:

Dear _________,

This letter is to inform you that as of (insert today's date) you have not picked up your dog (name dog specifically) as agreed by our initial contract dated (whatever date). 

<insert law/code information in it's full context regarding animal abandonment laws - you can probably find that online> 

If dog (name again) is not picked up by (insert date that falls within your local law) ownership is considered relinquished by (their name again) and the dog will now be considered property of (boarding kennel or personal name) by state law as mentioned above. 

Please contact us as soon as possible to make arrangements to pick up your pet.

Sincerely,


______

Enclosed: Copy of original contract

~~~~~

If you're going to add in costs (which I'm guessing you aren't because you said it was a no charge thing) I'd add that in to the last paragraph - i.e. something to the effect of "each day the dog remains at ________ there will be a charge of $XX per day for food and boarding".

Attach copies of the contract, have the whole mess notarized, make a copy, and send it certified mail with signature requested/return receipt requested - should cost like $5 or so at the post office. Keep the signature card with the original copy of your letter and all attachments. This pretty well covers your ass that you did include the letter with contract and start the days from the time the letter is signed for or wait for it to be returned - after that you should be pretty well covered since they agreed to it originally, you sent them certified mail to tell them they need to pick the dog up ASAP, and when they fail to, I really doubt you can be liable.


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## Brian Anderson

Your a lot more reasoned than I would be. I would send a letter with a deadline date and then the dog would get a bullet in the head. END OF STORY!!


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## Christopher Smith

When I have been put in this situation I just cut to the chase. I sent them a bill for current charges and a letter stating that boarding charges of $XX will be charged per day until the dog is picked up. Five working days later i filed in small claims. In all cases the dogs were picked up and I got most of my boarding charges paid. 

What ever you do don't ever put it in writing that you are going to kill the dog. You are in the boarding *BUSINESS *and people don't like to leave their dogs with people that they don't feel "love" the dogs. It's too easy for something like that to get into the public eye. Don't let your anger or ego F with your money.


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## Dana McMahan

Besides quoting the actual law, it won't state anywhere what is to be done with the dog. I put at the bottom that if they would like to relinquish ownership prior that they can come sign the dog over and "we will do as we see fit..." 

I'm trying to cover all the legal options. I also included the dates of every phone/text contact where I requested the dog be picked up immediately. 

Oh, and we also have the animal abandonment law (citing the specific code) posted on a wall in the office which is visible for all clients.


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## leslie cassian

_ I put at the bottom that if they would like to relinquish ownership prior that they can come sign the dog over and "we will do as we see fit..." _

I wouldn't even include the "we will do as we see fit." Just give them the option to sign over the dog to you.


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## Erin Suggett

leslie cassian said:


> _ I put at the bottom that if they would like to relinquish ownership prior that they can come sign the dog over and "we will do as we see fit..." _
> 
> I wouldn't even include the "we will do as we see fit." Just give them the option to sign over the dog to you.


I would agree. Once the dog is relinquished it's relinquished. End of story.

Dana, do you have *Civil Code 1834.5. Abandoned Animals* posted on the wall that you made reference to having? If so, that should be enough if the owners claim they did not know about any abandonment laws. Having this law* posted* *in a conspicuous place* is actually part of the law as stated in its closing. However, it still might be good to include within your contracts with a signature if you feel more comfortable that way. The law also states *or in conspicuous type in a written receipt given.*

If this is the law you cited, then there still might be the issue of not having a pick up date that could be to the owners advantage in this. You are supposed to give the owners *14 calendar days after the day the animal was due to be picked up* before the animal is legally deemed abandoned and then you are supposed to spend *no less than 10 days* after that trying to re-home the dog before you make a decison about what to do as far as anything else. 

I would still try to get some form of communication returned to you by the owners. Having them acknowledge this issue could really be helpful for you. So would seeking advice from legal counsel. Never hurts to get legal advice before you take extra measures with someone's property...especially live property.

Just be careful, because you did have an open ended contract with them.


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## Ashley Campbell

Yes, I also would not include anything as to what the end result of the dog will be other than it will be considered property of you/your boarding kennel - basically what i wrote as a short draft.

I've written lots of those kind of letters, as I used to work as management for apt complexes and people leave all kinds of shit behind, and legally, you have to inform them, give them X amount of time (AZ state says 90 days) to pick it up, cost for storage of said shit, etc etc. before you can trash can it. Oddly enough, animals abandonment laws don't differ a whole lot in AZ from basic property abandonment. 

Since California is typically more strict getting a paralegal to draft you up a letter if you're concerned would probably be in your best interests.


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## Debbie Skinner

Dana Williams said:


> Does anyone have a legal letter that they've used to send clients to notify that the animal will be considered abandoned if not picked up in X amount of days?
> 
> I've got a situation with a dog at my kennel where it was an aggressive training dog which I believe the owners are now dumping. Rather than keep waiting for them to return phone calls, I would like to send a certified letter to get the ball rolling.
> 
> I have two signed contracts where the owner initialed the law regarding animal abandonment, which in California I believe is 14 days time.
> 
> I'm not sure if anyone has dealt with this situation but I'm looking for a sample letter to mail to the owners informing them that the dog will be declared abandoned.


Yes and yes. I can email you my boarding contract which includes animal abandonment clause that all clients must sell as well as some of the letters I sent. However, they ignored me until I got animal control involved. The officer called the client and threatened with animal cruelty violations. That got them to come get the dog. But, doesn't get them to pay any money owed you. That's a civil matter. I always take a deposit so I'm not totally out if a client pulls something. You have to sue in small claims for the $$.


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## Debbie Skinner

Here's mine. If there's areas for improvement, please edit and discuss.

This is a contract between PawsnClaws, Inc. (PnC), a pet care facility, and the pet owner whose signature appears below (hereinafter called “Owner”) for boarding Owner’s pet. The term “pet” refers to all pets boarding with the same ownership.

1. Owner agrees to pay the rate of boarding in effect on the date pet is checked into PnC. Owner 
further agrees to pay all costs and charges for special services requested by Owner or Owner’s agents. Cash or Personal Checks or may make payment. All charges are due on or before the date the pet is to be picked up.

2. Owner further agrees that the pet shall not leave PnC until all accrued charges are paid.

3. Abandonment/Non-Payment of Charges
All charges become due on the date the pet is to be picked up. The scheduled pet pick-up date may only be extended upon advance payment of all charges for the extended boarding period. PnC shall have, and is hereby granted, a lien on the pet for any and all unpaid charges resulting from caring for pet at the facility. Owner agrees in the event charges are not paid within ten (10) days after they become due in accordance with this contract, PnC may: (1) exercise its lien rights by selling the pet to satisfy such lien and costs of sale at public auction; (2) deliver pet to the Human Society for Disposition; (3) wait an additional four (4) days and then declare the pet abandoned under California Civil Code section 1834.5 (Under Civil Code section 1834.5, a pet declared abandoned may be humanely destroyed if a new owner cannot be found for that pet after 10 days). Owner specifically waives all statutory and legal rights to the contrary. Regardless of which of the above remedies PnC, in its sole discretion, elects to pursue, Owner shall remain liable for all boarding fees and incurred costs. Should PnC elect to sell the pet, any sale proceeds over and above the charges due and the costs of sale shall be paid to the owner. 

4. Reasonable Care & Liability 
PnC shall exercise reasonable care toward the respective pet delivered by the Owner for boarding. Owner acknowledges that Owner is aware of and accepts the standard of care used by PnC for the care and boarding of pets. Owner expressly agrees that PnC liability for negligence hereunder shall in no event exceed the lesser of the current chattel value of a pet of the same species or the sum of $400.00 per animal (pet) boarded.
PnC specifically requires all pets be vaccinated against communicable diseases prior to boarding. PnC reserves the right to refuse admittance to any pet, which shows signs of illness. Despite these precautions, Owner acknowledges that Owner’s pet will be exposed to other pets during boarding, and understands that any pet may harbor and spread a communicable disease. Owner agrees to hold PnC harmless against any and all loss, damages or claims in the event Owner’s pet contracts a communicable disease during boarding.

Medical Treatments
The Owner represents that pet is healthy and has not been exposed to any known communicable disease within a thirty day period prior to boarding. The Owner shall disclose elsewhere on this contract all known medical conditions and/or behaviour problems, which may affect the pet’s care. It is the Owner’s responsibility to inform PnC of any changes in the pet’s condition for all subsequent boarding stays. If the state of the pet’s health requires medical attention, PnC, in it’s sole discretion, may engage the services of a veterinarian, may provide First Aid, administer medications or special diets or give other attention to the pet, and any and all expenses thereof shall be paid by the Owner. (Please, see “Medical/Emergency” Addendum below.)

5. Any controversy or claim arising out of or relating to this contract or the breach thereof, or as the result of any claim or controversy involving the alleged negligence by any party of this contract, shall be settled by Small Claims Court or Arbitration in accordance with the rules of the American Arbitration Association and Judgment upon the award rendered by an arbitrator may be entered in any court having jurisdiction thereof. (Owner’s Initials here: ______________) 

6. This contract contains the entire agreement between the parties, which is incorporated herein by reference. All terms and conditions of this contract shall be binding on the heirs, successors, administrators, personal representatives and assigns of Owner and PawsnClaws, Inc.

7. The terms of this contract are binding and continuing and shall relate to all times the pet is boarded unless a new contract is executed by the parties. 

8. Owner Represents (i) he or she is the sole owner of the pet, and (ii) all conditions medical and other stated in the Boarding Application Form submitted by Owner. 


___________________________________________ _________________________ __________________________________________
Pet Owner’s Signature Date Please Print Name


Witness PnC: _______________________________________ Page 1 of 1


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## Dana McMahan

Here is the letter I've gotten so far based off sample copies from others. 


I am writing to inform you that per our previous communications, you will need to come pick up your dog, Bruder, at our Kennel Facility immediately. I have sent request via text message on February 27, 2011, March 9, 2011 and March 10, 2011 and have tried to get a hold of you via your cell phone number but you currently have not made any decision regarding the dog.

Per the contracts signed, failure to pick up said animal within 14 days will deem the animal legally abandoned. Below is the current law governing the abandonment of animals in the state of California. 

"1834.5 Notwithstanding any other provision of law, whenever any animal is delivered to any veterinarian, dog kennel, cat kennel, pet-grooming parlor, animal hospital, or any other animal care facility pursuant to any written or oral agreement entered into after the effective date of this section, and the owner of such animal does not pick up the animal within 14 calendar days after the animal was due to be picked up, the animal shall be deemed to be abandoned. The person into whose custody the animal was placed for care shall first try for a period of not less than 10 days to find a new owner for the animal, and, if unable to place the animal with a new owner, shall thereafter humanely destroy the animal so abandoned."

Please consider this your written notice that if the animal is not picked up by end of business hours, March 26, 2011 at 6pm he will be deemed legally abandoned. If you would like to relinquish ownership of said animal prior to that date, please arrange to come to the kennel and you will need to sign over ownership in writing. We would like to have this resolved as soon as possible.

Thank you for your time. 

Sincerely, 
Dana Williams


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## Ryan Venables

If you want to absolve yourself of liability my suggestion would be to consider speaking with a lawyer. In Ontario at least, lawyers are required to provide 30 min free consultation with respect to a matter. The California bar, or wherever you happen to be, may have a similar provision.

That being said, and take this with a grain of salt... you may want to include an indemnity clause indicating whatever action you decide upon will absolve you from further liability or action. Again, that being said, the courts may scoff at this... especially if the owners of the dog have a reasonable explanation as to why they were unable to contact you.

I'm in my second year of law school, and I read cases all the time where people think they have a rock solid out, then get turned on their head when the judge does not agree with the reasoning.

As such, consult a lawyer or your local animal control for your next move...

Shame the dog is like this, but in the end you have to protect yourself.

Good luck.


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