False Alarm, not i'm devastated :(
By Gemmygirl1
@Gemmygirl1 (2867)
Australia
April 23, 2007 7:53am CST
This is in regards to my last post where i was chuffed about finding my missing dogs.
It seems the lady who has the older dog has gone out & already had her desexed & stuff like that, the problem is, she doesn't want to give her back :( She has spoken to the RSPCA & looks like she's going to keep our Molly. I'm devastated, i am aware that Molly looked in bad condition when she was found but that was due to her having been missing & wandering for about a week without being fed. We didn't mistreat her or anything like that but still, she is refusing to contact us or anything about the return of the dog we've had for 7 or 8 years now.
I just wanna know if pet owners have many rights once a missing dog has been missing for a while & been re-homed.
Of course, i did go out looking for my dogs & my partner did as well. We put up signs letting people know the dogs were missing & we heard nothing back.
As Molly's original owners, do you know if we have any rights with regards to getting her back? I am missing her terribly & would give anything to have her back but this lady that has her now seems to think we dumped our beloved dog, didn't feed her or something horrible like that which is NOT the case.
Any advise on this awful topic would be very helpful. Molly has been gone for over a month now & we've only just managed to track her down, HELP i want my pet back but the new owner is making things very difficult.
3 people like this
6 responses
@Woodpigeon (3710)
• Ireland
24 Apr 07
I don't know what the Australian laws are, but in Ireland tha dog is yours for up to a year of it being missing and she would have no case. If your laws are different, I would contact thge media and make as much noise as possible. Have your flyers on hand and any other proof you have that you were looking for her.
@Gemmygirl1 (2867)
• Australia
2 May 07
The laws here say you have 72 hours to claim your dog once they've been found & the council has been contacted, if you fail to claim them, the dog becomes council property & they can rehome them, which is what they did :(
Thank you!
@Gemmygirl1 (2867)
• Australia
2 May 07
I did contact the police but was informed that since the new owner had done everything by the book, it was not a criminal matter so they couldn't do anything about it!
Thanks :)
@vokey9472 (1486)
• United States
23 Apr 07
Take her to small claims court or animal court or whatever you have in your place of residence that resembles that. You have the signs that you put up when she went missing. Do you have her vet records too? You can take the lady to court to get your dog back. Talk to the RSPCA and file a complaint.
You know for a fact that it is your dog, correct? Send the lady a certified letter demanding that she return your dog to you. If she still refuses, file a stolen property report with the police. I know, it sounds awful to call a beloved pet property, but at least here in Texas, that is their legal term.
YOu need to talk to your local police dept, your RSPCA, and a good lawyer about what your legal options are. That woman knows that Molly is your dog and is refusing to return her, that is theft in my opinion.
1 person likes this
@Gemmygirl1 (2867)
• Australia
23 Apr 07
Of course i am sure the dog is mine - 2 went missing, they were inseparable & the little mongrel is very destinctive - coz he is all brown with Husky eyes, there's nothing else like him out here.
I would send a letter but no-one knows where she's staying or anything so that makes life harder.
I will have a chat with the police but i doubt they can even do anything since we don't know how to find her.
I agree, it is theft but she believes that since she's had her for a month she doesn't need to give her back - i cant help that they didn't see the 'missing' posters but she was ok to return Molly (she was coming through here today) but she decided not to call so i guess i wont know anything until Friday when she returns & the other lady tried to convince her that returning Molly is the right thing to do.
Thank You :)
@easymoney75503 (1702)
• United States
23 Apr 07
you have every right to have your dog back. first thing you should do is call the police on the non emergency number and ask for someone to come out. you need to make a report. have pictures of molly ready, the phone number and address where she is as well. have your vet papers there as well showing where she has been to the vet and you took her. like her shot records if you dont have those call the vet and get a copy. depending on what cop you get depends on what will happen. they may go over with you and get the dog or they may just file the report. if they only file the report you need to take the report to small claims court along with everything you have and file a small claims case. file that you want the dog returned and you can also file for mental stress as well dont make it really high amount just make it for like 500.00. that you dont really want but it may scare her enough to get her to give the dog back. if she doesnt and you go to court the judge will then decide. as long as you have proof that the dog is yours and you have had shots on her and etc then you will get the dog back. oh yea when you file include that she pay you back for court cost as well. good luck and keep us posted. i have lost a dog this way as well. it is not a good feeling no matter what. she will be home with you soon though.
1 person likes this
@Gemmygirl1 (2867)
• Australia
23 Apr 07
Thank you for your advise, i think things are a little different here though.
I'm in Australia & since we don't have things like rabies etc there's no law that says you HAVE to get your dog it's shots - so we never have - which means there's no proof of anything like that.
The only thing we do religiously is worming & there's no way to prove that coz it's just a tablet you buy from the supermarket.
I am unsure of where she lives, the only thing i know is that the lady who was with her when they found the dogs is going to try & talk her around to giving Molly back but if she refuses, i don't think i could find her. The other lady doesn't even know where she's staying, they only see each other when Molly's new owner drops by so she's making it very difficult for me.
I'd rather not give up but she's making it so hard & i wont even know if the other lady has convinced her to give the dog back until Friday because she's gone away & taken Molly with her.
It's so hard just to sit back knowing she could take off at any time & i'd never know what's happening. She's gotten very attached to Molly & has spent a lot of money on her too so i'm sure that's not helping the situation but the killer for me is the RSPCA lady who gives bad advise is theonly she went & saw, which is why she never called.
Thank so much :)
@mommy20212004 (350)
• United States
12 May 07
Your best bet is probably gonna be to take it to court. Only a court of law is going to be able to sort this mess out. Good luck!
@MakinMoney129 (231)
• United States
17 Nov 07
I would DEFINITELY go to the police. I'm not quite sure how things work in Australia, but here, the other poster is correct, you would probably be responsible for the vet bills, but most likely not the part for the spaying. If the spaying was not your choice, or was not medically necessary, you should not have to pay for it. If she got her any vaccinations, or anything like that, you may be responsible for it. I would also get a copy of any vet records you may have from when you had her, as proof in case they try to say that you weren't caring for her properly, etc. Good luck, and I would definitely get authorities involved.
