File A Small Claims Suit
Once you have your evidence, head over to your local court and ask for the small claims form.
It costs anywhere from $30 and $75. Fill out the form and submit it.
You will be given a court hearing date. This takes place from 30-70 days from the day of filing the suit.
During this period, the defendant can return the dog after which the case will be closed.
What Does The Law Say?
Any Animal Law expert will tell you that some of the most frequent cases they receive involve people who can’t get their dogs back from others.
The most common are those between exes after a bitter separation or divorce. One party walks away with a dog without the consent of the other.
In other instances, parents refuse to give a dog to their kids when they leave home.
A roommate can also steal another person’s pet after they part ways and fail to return it.
No matter the circumstance, losing a pet in this fashion is very heartbreaking.
Pets are lovable creatures and moving on without them can be difficult – especially when you know that someone has the pet and won’t give them back.
When it comes to animals, the law is very disappointing. Pets, in most states, are treated as property just like everything else – the TV, car, a cup of coffee, books, you name it.
This alone makes it hard to get what you deserve when your animal is stolen or something.
Alaska and Illinois are the only states to pass a law asking courts to consider the interests of pets in custody battles.
Alaska did this in 2017 while Illinois followed suit in 2018. Hopefully, more states will take the same direction in the coming years.
When someone refuses to give back your dog, you can sue them by filing a small claims lawsuit.
The small claims court is essentially a public forum where citizens take their disputes.
Small claim suits are informal proceedings where litigants (people) can bring their cases.
What happens is that the plaintiff pays a fee to file the case. The defendant will then be served.
If the parties can reach an agreement before going to court, the case is closed.
Else, the court will give a hearing date, go through the evidence provided then allow a judge to make a verdict.
When someone has your dog, you can gather enough evidence to prove that you are the rightful owner of the dog.
You can then file a small claims suit and hope the judge will rule in your favor.
Related Posts:
Can I sue if someone stole my dog?
You would have to bring a lawsuit for an action called “claim and delivery.” It means that you have a superior right to possess (usually because you are the owner) of property someone else has and refuses to give back.
Owner Of Stolen Dog Finds Couple Walking Pet, Snatches Him Back
Our pet lawyers hear it all the time: my parents won’t give me back my dog after I moved out; my ex stole my dog; my roommate won’t give me back my dog; my dogsitter won’t give me back my dog; etc. The list goes on and on! If we didn’t do this every day for a living, we would be shocked at how common dog theft is – and how police consider it a civil matter and will not help you retrieve your pup!
The main way to get your dog back in Colorado is to file a Replevin lawsuit. There are a few other causes of action that I, as an animal lawyer, like to add to a complaint – but Replevin is the main one and is the easiest to navigate if you’re going to try to do it by yourself. I would not recommend taking any legal action on your own, but times are tough these days, so I can understand the desire to do so.
Replevin is an ancient property doctrine. It comes from feudal society when there weren’t really very many written laws besides the 10 Commandments. “Thou Shalt Not Steal” didn’t really cover what would happen when one farmer’s sheep would wander onto another farmer’s land. And so, Replevin was born!
It is a common law doctrine that means that you have a superior claim of title to someone else. It is a property law and, unfortunately, animals are still considered property in Colorado, which is why you have to use this common law doctrine. You can have superior title by showing things like, your name only on a purchase agreement, your name on registration and licensing records, microchip records, and vet records. Money and care only come into the presentation if all other records are equal (i.e., both names on all the paperwork).
These are difficult cases to litigate, but Replevin can get you in front of a judge in as little as 2 weeks, so it is favored by many plaintiffs.
If you would like help getting your dog back, give our Denver pet lawyers a call our Colorado animal lawyers at The Animal Law Firm at 303-623-4000 in Denver, Boulder, Colorado Springs, Aurora, and surrounding areas.