Legal Question in Credit and Debt Law in New York

Am I liable?

I have been boarding my dog in NY since Dec'04. We had a verbal agreement for a monthly fee. On Jan '05, I decided that I could not take care of my dog any longer and requested to have her rehomed. I paid the lodging fees through the end of Jan. At this point, I thought that I had surrendered the dog to them. However, I had received subsequent bills each month (Feb, Mar, April and May). Since I thought I surrendered my dog last Jan, I did not respond nor pay for the bills.

Upon receipt of the May bill, I contacted them regarding the culmination of bills. They informed me that I am responsible for lodgings through May. Furthermore, a medical procedure was done on my dog without my permission and that I was responsible for that, as well. This was the first time I found out that this was done to my dog.

Am I liable for the lodging bill and more importantly, am I responsible for the medical procedure even though I was not informed nor did I give my consent for it to be done? Please advise.


Asked on 5/26/05, 7:46 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Am I liable?

This is an interesting question and, if I were the judge, I would answer "no, you are not".

However, I am not the judge deciding your case. The decision will turn on whether the judge believes that you had legally abandoned your ownership of the animal in favor of the dog boarding house and that the boarding house accepted the responsibility.

I am aware with how informal these things often are and that you likely did act responsibly and legally surrendered your animal to the boarding house.

However, in court you would be required to show some evidence of the surrender and acceptance. Something in writing would be needed.

Regarding the medical procedure, you may be liable only for correction of a life-threatening problem. Otherwise, your agreement is necessary for you to be required to pay.

My best recommendation is to make sure they know in writing that you no longer regard yourself as the owner of the animal. It is best to make an offer of settlement to the boarding house. Start with one-third of the total claimed.

This type of negotiation is something lawyers do every day. If you ned furhter assistance or a 'negotiator', you are welcome to call on me.

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Answered on 5/26/05, 10:12 am


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