# My friend is being sued.



## RICKY BARTLETTE (Jul 21, 2009)

A friend of mine bought a dog from a breeder, she told him that the dog was brought back to her because the owners could not control the dog. It bit someone already and they were afraid of getting in trouble.

The original owners did not sign the papers over to the breeder so she can resell it.
So my friend tried to get them to do it. They now say they want the dog back after 1 year and is sueing him for 15,000.00 or the dog. 

Has anyone had this happen to them and what was the out come? Do you think my friend stand a chance to keep this dog?


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## Jason Caldwell (Dec 11, 2008)

Big question: Did the breeder buy the dog back from the original owner or was the dog surrendered?


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## Thomas Barriano (Mar 27, 2006)

Ricky,

Anyone can file a law suit. Does your friend have a bill of sale from the breeder. Do the original owners have any kind of paperwork?
Is the dog tatooed or micro chipped. My guess is that the original owners are trying to scam some money from your friend.
Until your friend is actually served with court papers, I wouldn't worry


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## Thomas Barriano (Mar 27, 2006)

A little clarification. They may have some original registration, but they have to prove this is the dog that goes with the Paper work and they have to prove they didn't surrender the dog to the breeder. If it goes to court I would guess the breeder would testify on your friends behalf?


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## Doug Matson (Jul 27, 2009)

What breed is this? If it is a distinctly marked GSD, they may be able to prove the dog by photo. Otherwise, if it is not tattooed or micro-chipped, they cannot prove the identity. It would seem to me that the original buyer can only take action with the breeder since that is who they returned him to. If I were your friend, I would never admit that he even suspected that the dog he has is the one that they seek. In any case, your friend could submit a bill for boarding ($15.00 a day or so). Just my slightly experienced, but uneducated opinion.

What a mess. Good luck.


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## Tilly Smith (May 6, 2009)

I know of a case where a dog owner when on holidays for about 2 weeks. While they were away they had an elderly couple down the road look after the dog - taking the dogs toys, bedding and a supply of food to cover the 2 weeks.

When the owners returned from holidays they went to collect the dog - only to be told the dog was not going to be returned because they had fallen in love with the dog and wanted to keep her.

The dogs owners went to court with full registration papers, microchipping details, council registration, statement from breeder, statements from vet etc - all verifying ownership of the dog.

Unfortunately for the dogs original owners - they lost as they could not prove they hadn't given the couple the dog. The court basically said since the couple had the dog, it was well looked after and they claimed they had been given the dog ... so they got to keep it. Exchange of money was not considered at all.


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## Gillian Schuler (Apr 12, 2008)

Now I'd lie in wait until said elderly couple went for a walk with the dog and then I'd whistle him softly, call him and reward him and take him home. Or even in the garden I'd creep up and call him when they weren't watching him.

Afterwards, when he was safely in my possession, I'd say they gave him back to me:twisted:

Or I'd send a friend to offer them free dog kibble, let the dog choose which brand he preferred, open the gate and let the owners call him.

There must have been a way to get the dog back, legally or illegaly??


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## Annika Friberg (Mar 27, 2009)

Tilly Smith said:


> I know of a case where a dog owner when on holidays for about 2 weeks. While they were away they had an elderly couple down the road look after the dog - taking the dogs toys, bedding and a supply of food to cover the 2 weeks.
> 
> When the owners returned from holidays they went to collect the dog - only to be told the dog was not going to be returned because they had fallen in love with the dog and wanted to keep her.
> 
> ...


Makes no sense to me whatsoever. Why would they give the dog to the couple without signing over the paperwork, registration, etc.? Without making a contract if it was a purebred somewhat valuable dog?
I have a hard time believing that the court would buy that story.


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## RICKY BARTLETTE (Jul 21, 2009)

Jason Caldwell said:


> Big question: Did the breeder buy the dog back from the original owner or was the dog surrendered?


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## RICKY BARTLETTE (Jul 21, 2009)

Thomas Barriano said:


> A little clarification. They may have some original registration, but they have to prove this is the dog that goes with the Paper work and they have to prove they didn't surrender the dog to the breeder. If it goes to court I would guess the breeder would testify on your friends behalf?


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## RICKY BARTLETTE (Jul 21, 2009)

Doug Matson said:


> What breed is this? If it is a distinctly marked GSD, they may be able to prove the dog by photo. Otherwise, if it is not tattooed or micro-chipped, they cannot prove the identity. It would seem to me that the original buyer can only take action with the breeder since that is who they returned him to. If I were your friend, I would never admit that he even suspected that the dog he has is the one that they seek. In any case, your friend could submit a bill for boarding ($15.00 a day or so). Just my slightly experienced, but uneducated opinion.
> 
> What a mess. Good luck.


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## RICKY BARTLETTE (Jul 21, 2009)

Thank you veryone for your thoughts. I told him all your ideas and he laughed and said sounds exactly like what i hve been telling him. 

Thank you all once agin


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## Jason Moore (May 3, 2009)

Gillian Schuler said:


> Now I'd lie in wait until said elderly couple went for a walk with the dog and then I'd whistle him softly, call him and reward him and take him home. Or even in the garden I'd creep up and call him when they weren't watching him.
> 
> Afterwards, when he was safely in my possession, I'd say they gave him back to me:twisted:
> 
> ...


If it where my dog I'd walk up to there house knock on the door walk in get my dog and leave If there is a problem break there hips:twisted: lol old people break there hips all the time.( But officer I was helping them down the steps and they slipped!!!) But it would seem to me the only way the courts would allow this to happen is if the old couple some how could and did prove that the dog had been mistreated. Thats the only way I could ever see it happening. But I'm no lawyer and not that familiar with law. But if the said owners had that much proof of ownership I just don't see how that could be the end verdict. 
One way or another I'd get my dog.


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## Jason Moore (May 3, 2009)

RICKY BARTLETTE said:


> Thank you veryone for your thoughts. I told him all your ideas and he laughed and said sounds exactly like what i hve been telling him.
> 
> Thank you all once agin


Hears one more for you. Ever heard of hair die. LOL


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