QUESTION

What replevin action can be taken across state line to get my pet back?

Asked on Feb 02nd, 2016 on Personal Injury - Michigan
More details to this question:
A Penbrook Corgi bitch owner (purchased and AKC registered by owner) allowed the breeder/handler to prepare and show owners dog to obtain Champion status in preparation for breeding. Breeder was to return dog when competition was completed. This was to take a couple of months. The owner arranged transportation of dog from one state to another and paying for food no other costs were agreed upon. Without the owners permission the breeder claims eye and hip checks were performed. She claims the said the dog had poor hips. The Breeder again without the owner permission decided to have the said dog spayed. The breeder is asking for monetary compensation for all she although without permission from the owner. The owner contacted the Vet office but they refuse to reply when asked if they performed the hip X-rays or the Spay. The X-rays never went for OFA certification. The owner refuses to pay and has asked for the return of her dog and the cost of the dog since it was not show quality as advertised to owner originally. Breeder refuses to return dog or payback the original cost of dog. What legal means does the owner have in the case and should she contact the local police first? What steps are needed here? Thank you.
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2 ANSWERS

Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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Police rarely get involved in matters like this stating it is a Civil Matter. You will need to retain an attorney in either your State or the State where Defendant lives. File suit for value of dog. Be prepared to prove how much dog is worth. In Michigan, emotional damages are not available as a measure of damages.
Answered on Mar 02nd, 2016 at 4:13 AM

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Ronald A. Steinberg
Replevin is a "writ" from long ago. I can only address Michigan law, which no longer uses that part of the common law. I think that there are 2 aspects here. The first being a criminal action for refusal to transfer the property to the owner. The second case would be a civil action, with a count of breach of contract, a count in fraud. The law in your state may also include other actions. I am not certain as to the state in which the claims would be filed. Definitely the criminal case would be in the state where the breeder is established. Good luck.
Answered on Feb 29th, 2016 at 8:58 AM

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