QUESTION

How can I get my dog back from people who have him?

Asked on Mar 23rd, 2021 on Civil Litigation - California
More details to this question:
My dog went missing several months ago. Recently I received an anonymous note in my mailbox which claimed that my dog had been stolen and sold to people whose address was mentioned in the note. I went to the house and while showing a picture of my dog to the man who lives there, I asked him if he had seen my dog. He was shocked. When I asked him again, he said NO! I then loudly called my dog’s name and heard him bark within the house, The man immediately shut the door and yelled through the door to get off his property or he’d call the police. I contemplated waiting for them but decided to leave in case he had a gun. I went to the police instead and told them what happened and they told me that I needed to go to the police where I live because that’s where my dog was stolen. So I went to my police station and they told me that it was a civil matter. The problem is that the man lives in a different county than me. What should I do?
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1 ANSWER

Personal Injury Attorney serving Orlando, FL
3 Awards
Hello Brad, I am sorry to hear about this ordeal that you are going through. So, if the police have classified the matter as a civil case, you can still attempt to contact the precinct and demand that you talk to the supervisor and tell him that you want to file a theft report, and maybe they will Attempt to contact the Person who allegedly stole your dog and investigate the matter by speaking with him and talking to neighbors. I would continue to try to convince the police to do this. Tell them it is not a big thing to go to their house knock on their door and ask questions of them or their neighbors. They are not going to lie to police, but they will lie to you. If this does not work out, then I would file a court case, and ask the court to demand specific performance in the form of returning the dog to you. Small claims court usually only allows plaintiffs to recover money damages, but they may allow you to sue for specific performance, which is an equitable remedy, when money damages are an inadequate Remedy. I would call the small claims court and ask them if you can sue in that court for specific performance, and if you cannot then you have to go to the Superior Court. If you have to file an action due to police not wanting to get involved, you can serve discovery requests upon the defendant, and ask them point-blank if the dog is in their possession. Keep in mind that they will most likely not lie in their discovery responses because they are under penalty of perjury when they provide their answers. So those are the pathways you can pursue this. I understand the heartbreak that you're going through, because I am a dog owner myself and I couldn't imagine how I would feel if somebody did this to me. I wish you the best of luck sir.
Answered on Mar 23rd, 2021 at 6:30 AM

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