November 7, 2022
How Can I Recover My Dog From Someone Who Won't Give Them Back?
A brief guide to the legal remedy of replevin—how you can file a case in small claims court by yourself, and what our lawyers can do to help you get your pet back.
Pets are family. So we know how scary and confusing it is when someone has your dog, cat, or other pet and won't give them back. You just want your pet to be returned, but how can you make that happen?
In this blog, we'll walk you through the basics of what you need to know to file a replevin action—a lawsuit to recover money or personal property, including pets, being wrongfully held by another person—so you can get your pet back home where they belong.
We'll start with the three most important points—then get into more detail below:
Bring your case to get your pet back in small claims court first. You don't need a lawyer for a small claims lawsuit, and you have a very high likelihood of success if you are the lawful owner.
If the small claims judge doesn't rule in your favor, an attorney can file your appeal. Appeals must be filed within 14 days of the ruling, so get in touch immediately.
If you believe your pet may be brought out of state, or is at risk of being harmed or killed, an attorney can file an emergency action to prevent that from happening. This is an urgent matter. Contact an attorney right away so they can move quickly and protect your pet.
Try Small Claims Court First
In Kansas, anyone can file an action in small claims court to recover money or property worth $4,000 or less.
Pets are considered property under the law. And most pets, while infinitely valuable to the owners who love them, do not have an economic value above $4,000—which means most replevin claims for pets can be brought in small claims court. (value may easily exceed $4,000 if the pet has a special function, purpose, or is a working pet).
Here's why this is good for you:
You don't need a lawyer to file a case in small claims court. In fact, in Kansas, you're not even allowed to bring a lawyer with you to small claims court unless the other party is a lawyer.
Small claims court is designed to allow you to bring your case inexpensively, quickly, and easily. The procedures are user-friendly, informal, and don't require special expertise.
Compare this to district court—where it will cost you thousands of dollars to file your lawsuit, in addition to having to post a bond for the value of the pet, and it will take much longer for your case to be decided.
In our experience, bringing replevin actions for pets in small claims court is not just inexpensive and fast—it's also effective. To date, our clients have seen 100% success in bringing replevin actions for pets in small claims court!
Barnett Law Office attorneys are available to consult about your small claims replevin filing, to ensure you are presenting your strongest case for getting your pet back. Get in touch at 785-727-9789.
How Do I File My Replevin Action In Small Claims Court, And What Should I Expect?
The Kansas Judicial Branch website has great information about how to file a case in small claims court. On it, you can see which district to file in—this will be based on which county you live in—and how to bring your case in the correct court.
To file your case, you can go in person to your local Clerk of Court's office (you'll find the addresses online), where the clerk will give you a petition form to fill out—on that form, you'll write down exactly what happened, and your desired remedy: that you want your pet to be returned to you. The petition forms are also available online.
You'll need to sign the form in front of a notary or employee of the Clerk's office, and pay a filing fee (as of 2022, $47.50 for claims of under $500, and $67.50 for claims of more than that). Another fee (typically $15) will cover the Sheriff serving the person you are suing, so they know that this case has been filed against them.
This initiates the lawsuit. You'll then get a court date, at which you'll present your evidence in front of a judge. The judge will sometimes make their decision right away, or may mail you the ruling after the hearing.
What If I Lose My Case In Small Claims Court?
If the judge doesn't rule that your pet must be returned to you, an attorney can appeal that decision.
Appeals must be filed within 14 days of the small claims court's decision, so do not wait to contact us. Get in touch with Barnett Law Office at 785-727-9789.
What If My Pet Is Being Taken Out Of State, Or Is At Risk Of Being Harmed?
Once a pet is in another jurisdiction, it becomes much harder to successfully get them back, even if the law is on your side.
To prevent that from happening, take immediate action by filing an emergency replevin action in district court.
You'll also file an emergency replevin action if you believe the person who has your pet may harm or even kill them.
Emergency replevin actions are filed in district court, not small claims court. An attorney will help you present your strongest case.
Time is of the essence if you believe your pet is being moved out of state, or is at risk of being harmed. Get in touch with Barnett Law Office at 785-727-9789 right away.
What Makes a Replevin Case Successful?
Evidence! Our clients have been successful with their replevin actions because they had various types of evidence to support their ownership. This evidence can take the form of veterinary records, text messages, emails, photos with metadata, pet licenses and registrations, training certificates, doggy daycare and boarding receipts, statements from witnesses, purchase or adoption records, microchip registration, and more.
This “indicia of ownership” will allow the court to compare and evaluate each party’s ownership interests, and determine who is entitled to possession of the pet.
For example, one of our clients placed her service animal with an acquaintance while she was dealing with health concerns. This was a “foster” arrangement, where both parties agreed that she would get her dog back after she was better. When the time came for her dog to be returned, the foster home refused and said the dog was happier with them.
Our client provided the court with years of detailed veterinary records, photos, training certifications, pet licenses, pet insurance, adoption paperwork, and more. She also submitted text messages where the opposing party agreed to the foster arrangement, and repeatedly acknowledged that our client was the owner. The judge quickly found in favor of our client and ordered the return of her dog.
Situations where a party is alleging co-ownership, such as two unmarried cohabitating partners, can be more difficult to prove. It is vital to provide evidence that the pet was purchased by only one party, given as a gift, or that there was a prior understanding about pet ownership or custody.
This can be accomplished through written communications, purchase agreements or paperwork, and evidence showing that only one party cared for the pet. If this cannot be proven, a party wishing to prevail should try to collect as much evidence as possible to show they were the primary caregiver of the animal.
Once the court decides that you are entitled to sole possession of the pet, it could order you to pay some amount of damages to the losing party. For example, if the pet was purchased together, the court could order you to reimburse the losing party for half of the purchase price.
In any case, it is important to provide as much evidence as possible to the court to support your argument that you own the animal. The judge will be new to your situation and these issues can be very complicated. Clearly outlined arguments, and a variety of evidence to support them, are invaluable to ensuring that your side of the story is understood. Whether this is through written communications with the opposing party, or through records that establish the care you have provided to your pet through the years, it is crucial that you collect and submit as much evidence as you can and follow all court procedures for properly submitting it.
If you have questions or are ready to talk through your legal options, call Barnett Law Office at 785-727-9789.