QUESTION

What do I do in a situation where a friend was watching my cat and demands that I pay him or her 5,000 to get him back

Asked on Jan 31st, 2014 on Animal Law - Virginia
More details to this question:
I have a cat that my friend Ashely was watching for me until I get a apartment they have been watching him since about august. I recently got a text saying I had to pay them 5,000 dollars and convince their family to give me back my cat from her father. Now it is not his house and the agreement was made between me and ashely I need to know what steps I can take to get my cat back?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Your "friend" is violating so many laws I don't even know where to start.  What you had was an oral contract for a bailment, where your friend was entrusted to care for your property for a certain period of time.  I don't know if you were paying her anything for this or not, but I assume there was an understanding that the cat would be returned to you at some point.  If you have not already done so, I suggest putting your request in writing and giving her a deadline to comply.  After that, you may want to file a Warrant in Detinue in the General District Court, to request the return of your property (your cat).  Unfortunately, if she won't give back the cat, the court can only award you the alternate value of the property and cats are not worth much actual money.  However, she herself has valued the cat at $5,000, so you could try for that. Your other alternative is to go to your local magistrate and bring criminal charges against her for theft and extortion.  Just be sure not to threaten her with criminal charges in order to gain an advantage in the civil case - that is the worst thing you can do.  Then you would essentially be guilty of blackmail.  Either bring criminal charges or don't, but don't use them as leverage.  I think your biggest hurdle in all of this is proving that the cat is yours.  What document or evidence do you have that the cat belongs to you?  Can you overcome any assertion she makes that you gave the cat to her? This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.      
Answered on Feb 04th, 2014 at 3:35 PM

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