Legal Question in Civil Litigation in Texas
Property Abandonment
My husband and I returned from living
overseas and had nowhere to put our
cats. My mother arranged for her
cousin to watch them. The cousin got
tired of it and gave them to her son.
It took us MUCH longer to find jobs
and a house than we thought it
would.
Anyway, my mother's cousin's son
now says that because we never called
and asked about the cats' welfare
during the time they stayed with him,
he considers them abandoned and he
won't give them back.
He also says that because I offered to
pay for their food and their vet bills, I
have to pay him $3,400.00, which is
what I would have paid a pet hotel.
My point is that he cannot enter me
into a contract without my consent,
and that if he felt the cats had been
''dumped'' on him, it was his
responsibility to call me and let me
know.
I have two questions. One, can I file
theft charges, since I have let him
know I want my property back and he
refuses to return it?
Two, does he have a case for
abandonment? While it is true I never
called him, it is equally true he never c
alled me, nor did his mother.
1 Answer from Attorneys
Re: Property Abandonment
It is always sad to hear of family disagreements...a lot depends on why you left..but generally the owner remains the owner and may owe for the cost of care..real cost..so you could go to a small claims court with jurisdiction to $10,000...and the judge will probably give you the cats but make you pay something..the law does not cover all aspects of human frailty..