Legal Question in Civil Litigation in New York

''stolen'' dog?

I adopted out (I rescue dogs) a puppy to a couple. I charged them a $50 adoption fee. She was not ready to be spayed so I had them write a $150 spay deposit check. It bounced. I tried contacting them, to no avail. I went there in person, and told them due to breach of contract, I was reclaiming the dog. They willingly gave the dog back. The contract was general, and did not state anything about the spay deposit (stupid of me, but) and the spay contract simply has a handwritten clause ''Spay deposit $150''- Their check bounced. I have the proof from the bank. They have no copy of the contracts. Now she is saying ''See you in court'' (among other offensive things). She has no ground to stand on right? I was charged a $10 returned check fee, and their adoption fee clearly stated it was non-refundable (and I see that as reimbursing me for time/travel and the bounced check''. She is making threats (One text message contained the phrase ''Or else''). The dog is re-adopted out, and I'm NOT giving the dog back to them. They obviously could not afford to care for her, as they did not even have $150 in their checking account. Her excuse was ''I thought you would just ''hold'' the check''. What do I do?


Asked on 9/10/08, 7:31 pm

1 Answer from Attorneys
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Re: ''stolen'' dog?

If she sues you, she sues you. There's nothing you can do to stop her. The only thing you might try is to contact her, be as diplomatic and compassionate as possible and see if you can't resolve the matter amicably. Maybe offer to return her $50.00.

If you don't, she's liable to hire some starving, unskilled attorney (there's plenty of 'em out there) and you'll wish you'd given her the dog gift-wrapped in fifty-dollar bills with a diamond-studded collar.

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Answered on 9/10/08, 7:59 pm


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