You arrive home to find the extra set of keys on the countertop, next to the hand-scrawled note detailing why things never really would have worked between you two. Half of the dinnerware is gone, along with the CD collection and the flat-screen TV. Even your favorite chair is missing.
While you ponder the single life, a sinking feeling sets in. Silence has replaced the evening's familiar, acknowledging woofs, no nails are tapping across the hardwood floor, and Mr. Bigsby"”a favored and well-worn squeaky toy"”has not been dropped at your feet... Where is Buddy?
A bad breakup is not the only time a dog owner may be placed in a situation where his/her dog is being wrongfully withheld by another person. Similar situations have occurred where the finder of a lost dog has refused its return, and in cases where a dog has been stolen and resold to an unwitting purchaser. Here the rightful owner cannot simply take his/her property back without committing a trespass or other potentially illegal act. In these situations, obtaining a "writ of replevin" may be the best option.
Replevin is a legal remedy to recover specific personal property. Replevin actions are limited in that they require the rightful owner to know the whereabouts of the specific property. However, where a typical civil lawsuit can take years, replevin affords a speedy process, sometimes taking only weeks to obtain judgment. For dog owners, replevin is a common, though lesser-known, civil court action that takes advantage of the property status of companion animals.
Replevin actions can be filed in two ways: (1) by seeking immediate possession of the disputed property, or (2) by seeking a hearing to adjudicate the final rights of the parties. If immediate possession is sought, a bond"”usually double the value of the property"”must be posted to protect the defending party against a wrongful action by the party claiming true ownership. Also, where the rights of the party claiming true ownership could be harmed by alerting the party in possession of the disputed property, a judge may issue a "replevin without notice." Where the disputed property is a dog, this means the judge will order a sheriff to enter the home of the party accused of wrongfully withholding the dog"”without first notifying him/ her"”to return the dog to the party claiming true ownership.
For a "replevin without notice," valid concerns must exist to merit such drastic action, such as: "¢ Destruction or concealment of the disputed property; "¢ Removal of the disputed property from the state; "¢ Harm resulting from the perishable nature of the disputed property; "¢ Sale or transfer of the disputed property to another; or "¢ The disputed property was obtained by theft.
Further, the party seeking "replevin without notice" must be willing to sign a sworn affidavit detailing his/her rights to ownership and the basis for his/her valid concerns. Even if a party is successful in obtaining possession of the dog, the ultimate ownership rights will be determined at a hearing or trial. There, the rightful dog owner must present proof of ownership, such as would be found in purchase or adoption receipts, microchip registration documents, veterinary records, and proof of living arrangements or other care provided for the dog by the person claiming ownership.
Replevin can be an extremely useful tool to quickly recover a dog that was wrongfully taken from you. If faced with this type of situation, don't make a bad situation worse by taking matters into your own hands. File a writ of replevin and get your dog back legally.
Editor's note: Pet custody battles are becoming more common, so if you feel that the family dog should remain with you in the event of a breakup or divorce, be prepared, and make sure you are able to prove"”with receipts in your name only"”that you are the one who takes the dog to the vet, the groomer's, or daycare, and that your name is listed as the dog's owner. Also, if you adopt a dog together, try to have the dog registered in just your name, since you will be the primary caregiver. It will be important to prove that you are the one who walks the dog and takes care of the dog if a legal battle crops up in the future over custody of the four-legged kid(s).
For more information, or to contact the author: Anna E. Morrison-Ricordati AMR Law Group, LLC 111. W. Washington St. Ste #1760 Chicago, Illinois 60602 www.amrlawgroup.com (312) 376-7660 Email:
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