Legal Question in Civil Litigation in Florida

Personal Property

I have a friend who Let someone Babysit her two Chihuahuas, while she went on vacation. and when she returned The Lady whom she Let babysit, wouldn't give them back, and the Lady Actually Sold one of them to someone else. and Now my girlfriend doesn't know what to do... She lives in Florida, And The lady said she would not give them back, and That My girlfriend would just have to take her to court... From a Legal stand point, What Can i do, To Help Return Her dogs to her... My girlfriend still has the ownership papers for the dogs. What else would i need... Please Help me with this. I would appreciate it so much. I dont know what type of Lawyer to contact, And I am in Texas right now going to School... So i cant be down there and take any action my self.


Asked on 7/13/07, 3:38 pm

4 Answers from Attorneys

David Willig David S. Willig, Chartered

Re: Personal Property

You may wish to consider an action for replevin.

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Answered on 7/13/07, 3:51 pm
Trey Miller Law Office of Trey E. Miller III, P.A.

Re: Personal Property

An action for conversion and possibly civil theft may be appropriate. Feel free to call my firm for assistance.

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Answered on 7/13/07, 4:13 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Personal Property

First of all, you are not a party, so you have no standing to do anything. Your friend can file criminal theft charges.

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Answered on 7/13/07, 4:54 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Personal Property

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Under Florida law, dogs are considered chattels (personal property) like many other items. Your friend can first of all file a complaint with the police for theft. They may refuse to file charges however and say that it is a civil matter.

She can then file any or all of various civil actions against the other party. Converions, civil theft (which brings treble damages and attorney's fees), fraud, are among them. She should consult an attorney to discuss her legal options thoroughly.

Scott R. Jay, Esq.

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Answered on 7/13/07, 7:16 pm


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