Retrieving An Adopted Dog for Contract Breach

1486 Views 13 Replies 6 Participants Last post by Pit_Bull_Lady, Apr 27, 2009

Pit_Bull_Lady

Discussion Starter · Apr 1, 2009 (Edited)

One of the rescues I work with has a sticky situation on their hands, and I just wanted to get some additional opinions concerning what should be done.

Here is the situation:

An lady was approved to adopted two pit mix puppies from us, and they were 10 weeks old when she adopted them.
This past weekend, she returned one of the puppies, now 9 months old, saying that she could no longer afford to keep two dogs.

The puppy that she returned is terrible condition-about 15-20 pounds underweight according to our veterinarian.
It was also discovered that the puppy had not received his rabies shot, had not been on heartworm preventative, and also had hookworms, tapeworms, and roundworms.

We have a contract, which she signed, that states adequate veterinary care, including all vaccinations, deworming, and heartworm preventative must be provided.
Contract also states that if she fails to comply with the conditions stated in the contract, she automatically forfeits all ownership rights to the dog.

We have asked her to return the puppy she still has, based on the condition that the other puppy is in, and also based on the fact that we cannot verify that any vaccinations were given to the puppy she still has in her custody.

She has refused to bring us the puppy.

Two of our volunteers plan to go to her house this evening, taking the signed contract, and ask her to give them the puppy, based on her failure to comply with our contract.
She does not know that they are coming over.

If she will not give up the puppy voluntarily to our volunteers, we plan to file a warrant "in detinue" (warrant to recover property)

Does anyone have any thoughts on this, or has anyone dealt with any kind of similiar situations before?

If so, are there any other avenues we could take to retrieve the puppy ASAP?
Because I am concerned that he is in the same condition as the returned puppy.

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Renoman

· #2 · Apr 1, 2009

Pit_Bull_Lady said:
One of the rescues I work with has a sticky situation on their hands, and I just wanted to get some additional opinions concerning what should be done.

Here is the situation:

An lady was approved to adopted two pit mix puppies from us, and they were 10 weeks old when she adopted them.
This past weekend, she returned one of the puppies, now 9 months old, saying that she could no longer afford to keep two dogs.

The puppy that she returned is terrible condition-about 15-20 pounds underweight according to our veterinarian.
It was also discovered that the puppy had not received his rabies shot, had not been on heartworm preventative, and also had hookworms, tapeworms, and roundworms.

We have a contract, which she signed, that states adequate veterinary care, including all vaccinations, deworming, and heartworm preventative must be provided.
Contract also states that if she fails to comply with the conditions stated in the contract, she automatically forfeits all ownership rights to the dog.

We have asked her to return the puppy she still has, based on the condition that the other puppy is in, and also based on the fact that we cannot verify that any vaccinations were given to the puppy she still has in her custody.

She has refused to bring us the puppy.

Two of our volunteers plan to go to her house this evening, taking the signed contract, and ask her to give them the puppy, based on her failure to comply with our contract.
She does not know that they are coming over.

If she will not give up the puppy voluntarily to our volunteers, we plan to file a warrant "in detinue" (warrant to recover property)

Does anyone have any thoughts on this, or has anyone dealt with any kind of similiar situations before?

If so, are there any other avenues we could take to retrieve the puppy ASAP?
Because I am concerned that he is in the same condition as the returned puppy.

Have you contacted the local law enforcement to see if they could accompany the volunteers to her home? It might convince her they mean business and it could prevent the situation from turning nasty.

Just a thought..

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BoxMeIn21

· #3 · Apr 1, 2009

Renoman said:
Have you contacted the local law enforcement to see if they could accompany the volunteers to her home? It might convince her they mean business and it could prevent the situation from turning nasty.

Just a thought..

And a good thought it is...you might want to call animal control as well.

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Renoman

· #4 · Apr 1, 2009

BoxMeIn21 said:
And a good thought it is...you might want to call animal control as well.

Thanks, every once in a while I have a lucid moment...

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BoxMeIn21

· #5 · Apr 2, 2009

Renoman said:
Thanks, every once in a while I have a lucid moment...

LOL. Me too.

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Renoman

· #6 · Apr 2, 2009

To the OP - Is there an update on last nite's events?

I have my fingers crossed that they were able to take the 2nd puppy back without incident.

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Marsh Muppet

· #7 · Apr 2, 2009

Lucid...very. I wouldn't go to the lady's home without an AC or SPCA officer in tow. If that couldn't be arranged, a registered letter (on legal letterhead) detailing the situation (contract, surrender, condition of the surrendered pup, and previous requests for return of 2nd pup), demanding surrender, and threatening legal action. If that doesn't work, file your warrant and file a report of possible animal neglect/abuse with AC.

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Pit_Bull_Lady

Discussion Starter · #8 · Apr 2, 2009 (Edited)

I am happy to report that everything went well and the second puppy was surrendered without any major incidents.

Thankfully, one of the volunteers brought her brother along, who is a security officer for a bank.
He's a very large guy, about 6' 5", and he wore his work uniform and sidearm.
So I think that helped a little.

Anyhow, the second puppy is also very thin, with bald patches on him, which I think may be ringworm or demodex.
He is going to the vet this morning to get shots and be tested for worms, and to have a skin scraping done.

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Renoman

· #9 · Apr 2, 2009 (Edited)

Good news!!!!

Glad it turned out ok and the puppy is back in the hands of the rescue.

I hope he recovers soon.

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BoxMeIn21

· #10 · Apr 2, 2009

Renoman said:
Good news!!!!

Ditto!!!!!!

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Thracian

· #11 · Apr 2, 2009

I'm glad you got the puppy back! Hope he's not in too bad of shape and that he can recover quickly.

That woman should never have dogs again.

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Renoman

· #12 · Apr 2, 2009

Thracian said:
That woman should never have dogs again.

You know, that's a good point. Hopefully, there's a 'watch list' and the rescue will notify all the shelters and other rescue organizations in the area in case this woman tries to obtain another dog.

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ThoseWordsAtBest

· #13 · Apr 6, 2009

Definitely report her, even though the puppies were returned. Dogs don't lose 15 lbs and get in terrible condition over night. As far as our state, and hopefully every state (though I am not sure) it is illegal to not provide a dog veterinary care. Like someone else said, it could at least put her on a list preventing her from getting another dog.

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Pit_Bull_Lady

Discussion Starter · #14 · Apr 27, 2009

We have passed all of this person's info on to other rescues in our area, and they are putting her on their "do not adopt to" list.

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