Legal Question in Civil Litigation in Michigan

i need advice to my rights i have a dog that i have now had 1 yr and 4 months. a guy showed up while i was hunting it and said it was his stolen dog. he reported to the police that he found his stolen dog. After they investigated and seen that i got the dog from a family who found it treed in there back yard. i proved they called the dog pound and reported finding the dog and kept it for about a month and a half before i got it. The police say the pound made a mistake and the guy wants the dog back. they also say the have identified the dog to be his just by looking at pictures of his dog that was stolen. i have put money and a years worth of hunting into the dog and don't want to part with it. i have tried to reason with the guy to let me just keep the dog and he says no and now wants to go to court over the dog to try to get it back. what are my rights and what should i do?


Asked on 3/31/10, 2:34 pm

2 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Let him take you to court to try to prove his case. Based on my experience, pictures alone are not sufficient evidence to prove that it is his dog. Several dogs can look alike in pictures. I presume there was no microchipping or tattoos on the dog - or any evidence beyond just pictures. It's an unfortunate situation because both of you probably love the dog, and it's hard to tell the other guy to just move on and get another dog. But yet you are obviously attached to the dog and he has been yours for years. I wonder what efforts the other guy (the alleged true owner) took to find his dog years ago, if any. That would work to your benefit, along with why he is so dead set on having his dog back now. Any reason other than just love for the animal? Like any breeding or hunting value? If this guy sues you, the burden is on him to prove that the dog is his. Since you didn't "steal" it, but most likely lawfully obtained the dog since it was "lost" and unclaimed property, then even if it was his, he doesn't have a right to reclaim it now, due to the passage of time, and the fact that you did not do anything unlawful. If the dog was "stolen," and you became the owner, then it's not yours - even if you didn't know and didn't do anything wrong. However, you should focus on the fact that the dog was "lost" and never claimed by anyone for X months/years, you've taken care of him, made him your pet, you love him, etc. and for this guy to come in years later and claim it looks like his previous dog, is ridiculous. That's what microchipping and tattoos are for - pictures simply aren't enough, without another identifying characteristic (such as a missing toe, ear, tail, etc - something that makes the dog/animal unique). Don't listen to the police - they simply try to resolve disputes so they don't have to deal with it, and they are not triers of fact or lawyers. So what if the pound made a mistake - and where's the proof? It's all hearsay. The guy may not even take you to court if he consults with a lawyer and gets proper legal advice. But if he does, then you know your defenses.

Read more
Answered on 4/06/10, 12:02 pm
Francois Nabwangu Wright Cantrell PLLC

Send him $10,000.00 bill for the bailment and training of the dog, and let him know you will counter sue.

Read more
Answered on 4/06/10, 9:41 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Michigan