Legal Question in Consumer Law in Pennsylvania

Possession of a pet

My wife and I lent our son $300 in May 2006 to purchase a Dashund puppy in the state of Florida where he resided at the time(we were visiting). He promised to repay within a few weeks.

He now lives in our 2nd home in Pa. with the dog. He has decided he really does not want the dog and is considering selling it.

He has Not re-paid any of the $300.00.

Does the dog belong to us or him?

If he sells it, we will not get a cent...can we take possession and sell the pup?

Thanks so much


Asked on 11/06/06, 6:18 pm

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Possession of a pet

Unless a loan is secured, then the the only thing that you can do is sue for recovery of loaned money. However, this is your son, do oyu really want to pursue litigation against your own child for only $300?

When a loan is made you have a right to be repaid, The only time oyu can take an object or thing is when you have a written right to the object or thing, for example, on a car loan, the lender has a security interest in the car and can repossess if your defualt. This does not appear to be the case. If you obtain a judgment, then if it is unpaid, you can execute on the judgment including seziure of assets equal to the judgement by judicial m4eans, not by simply taking what you want.

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Answered on 11/07/06, 10:27 am


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