Stella's Social Club

[ronott1]

Thanks to everyone for the chick advice and support for my ordeal with Tucker. I am still researching and making calls for help. I have learned that dogs are considered "property" and disputes over ownership are considered civil matters. For that reason even the police can't remove them from the owner without a court order.

Yes!

Cats however are not property...I had one stolen by the neighbors once. They hid him in a garage for a month. When we recovered him later, he had to go to the Vet for dehydration...People are weird

 

[karimw]

LOL I think cats are shared property, at least in my country neighborhood. When people ask me how many cats I have, I say it depends. I'm feed somewhere between 18 and 22 depending on which "wild" tom cats show up for dinner.

 

[The Sheriff]

Tucker and I were away from home when the pick-up happened. It did not go well. The foster mom claims that we cannot refuse to turn the dog back over to them. They still maintain the rights to the dog. How can that be? Anyway, Michael said we consulted an attorney who fells differently about the issue and then she threw back at him the fact that the founder of the rescue is an attorney. My guess is they are heading for the courthouse even as we speak. I cannot even imagine how adopting a dog could go this wrong.

 

[ronott1]

Tucker and I were away from home when the pick-up happened. It did not go well. The foster mom claims that we cannot refuse to turn the dog back over to them. They still maintain the rights to the dog. How can that be? Anyway, Michael said we consulted an attorney who fells differently about the issue and then she threw back at him the fact that the founder of the rescue is an attorney. My guess is they are heading for the courthouse even as we speak. I cannot even imagine how adopting a dog could go this wrong.

What a silly thing for them to do!

I hope they get laughed at and am fairly sure they have to file a police(or sheriff) report.

A lot of people really do not understand things like this. Dogs are property and not people under the law so Adoption has a very different meaning for them compared to human babies.

 

[capayvalleychick]

Tucker and I were away from home when the pick-up happened. It did not go well. The foster mom claims that we cannot refuse to turn the dog back over to them. They still maintain the rights to the dog. How can that be? Anyway, Michael said we consulted an attorney who fells differently about the issue and then she threw back at him the fact that the founder of the rescue is an attorney. My guess is they are heading for the courthouse even as we speak. I cannot even imagine how adopting a dog could go this wrong.

I usually lurk but thought that I would speak up since I am a coordinator for a dog rescue.

Did you and the rescue coordinator sign an adoption contract with the rescue organization? Did you pay a fee?
These things are what constitutes a finalized adoption with our rescue. Which means the dog legally belongs to the adopter once the contract is signed and donation is received.

If you did sign a contract, are there any conditions written in the contract, reasons that the contract could be voided and ownership reverted back to the rescue? Ours lists abuse etc.

Rescue's primary goal is to place dogs in loving, safe homes. I'm sure that if you discuss this with them, it can be resolved. Ask them to specify, in writing, what their concerns are. Remind them that you love Tucker and he is happy and safe with you. Don't let it evolve into a power struggle. We have a saying, whenever we start to get frustrated with people... to remember it's all about the dogs.

 

[The Sheriff]

Signed agreement, $200.00 adoption fee paid, $1570.00 in expenses.

 

[ronott1]

Signed agreement, $200.00 adoption fee paid, $1570.00 in expenses.

That is a basic business contract for transfer of ownership of property.

Was there a return clause?

 

[capayvalleychick]

Signed agreement, $200.00 adoption fee paid, $1570.00 in expenses.

With our rescue, that would mean that you were the legal owner of the dog. The only way that they can take him back is if you have violated any written agreements within the contract ie abused the dog or whatever they might have written as conditions.

I also wonder about the structure of that particular rescue, because you said that it is the foster making the threats. In our rescue, all the fosters do is foster. They don't make any decisions or have any power (so to speak). The coordinators decide who gets to adopt the dogs - not the foster homes. We also have a board of directors who make the major decisions.
I'm hoping that the rescue that you are dealing with is the same. Maybe the foster is just venting her opinion but really has no say in the matter.

I really think if you can just convince her that Tucker is happy, safe and loved with you, that it will all be fine.

 

[The Sheriff]

With our rescue, that would mean that you were the legal owner of the dog. The only way that they can take him back is if you have violated any written agreements within the contract ie abused the dog or whatever they might have written as conditions.

There is no take back clause, just one saying that if we can't keep him we must return him to them. Yeah, tried that and this is what resulted. We have not violated any terms of the agreement.

I also wonder about the structure of that particular rescue, because you said that it is the foster making the threats. In our rescue, all the fosters do is foster. They don't make any decisions or have any power (so to speak). The coordinators decide who gets to adopt the dogs - not the foster homes. We also have a board of directors who make the major decisions.
I'm hoping that the rescue that you are dealing with is the same. Maybe the foster is just venting her opinion but really has no say in the matter.

The fosters can decide to whom the dog is placed. Very loosey goosey organization.

I really think if you can just convince her that Tucker is happy, safe and loved with you, that it will all be fine.

Sorry, but no that will not work. They are being 100% unreasonable and fabricating their own truths. Besides, that animal law attorney cautioned to have no further communication with them since the threat of a lawsuit was thrown out by them today. The ball is in their court.

 

[The Sheriff]

Two things I vowed to never have in my life again, dogs and lawyers.