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.


Asked on 9/15/07, 11:59 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

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..

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Answered on 9/16/07, 12:57 pm


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