Legal Question in Civil Litigation in Missouri

Non-profit animal rescue group adopted out a dog to an individual who lives in Johnson County KS. Adopter wrote a bad check and has acknowledged such, also state they would provide cashiers check/money order to remedy. Communication via written, e-mail and verbal. Adopter has not remedied, it has been over 30 days. Adoption contract states rescue group can reclaim dog if terms/conditions are not met. Rather than go to bad check division, with minimal success, we would like to reclaim dog. How do we do that legally? Demand letter for return, letter from attorney, court order? Adopter technically does not own dog in my opinion as dog was not a gift and consideration has not been met. Advice...we want to reclaim dog. Note...adopter MAY be an attorney that has relocated to this area in the last 6 months.


Asked on 3/23/10, 7:14 am

1 Answer from Attorneys
Sean Santoro Santoro Law Office

Where to begin? First of all, the Johnson County District Attorney's office will prosecute bad check charges if you have fulfilled the notice requirements and if you have the defendant's Social Security or Drivers License Number and Date of Birth.

However, if the contract says you can reclaim the dog, you have the right to go to the residence and retake the dog if you do not commit a crime in doing so. You might be able to persuade a deputy or officer to accompany you if you stress that you are a nonprofit shelter and have a contract.

If this person is an attorney, you can also file a disciplinary complaint with the Kansas Office of the Disciplinary Administrator with the Kansas Board for Discipline of Attorneys. (kscourts.org) Lawyers can lose their license for bouncing bad checks, or even for engaging in conduct which brings our profession into disrepute, so this may be the most effective way to get this deadbeat's attention. As an attorney, guys like this give us all a bad name, so please feel free to blow the whistle on this deadbeat. Sounds like he is not responsible enough to own a dog anyway, so get poochie and give him to a good home.

Sean Santoro

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Answered on 3/29/10, 8:55 am


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