Pet Legal Q&A

///Pet Legal Q&A

Elinor D. Molbegott, is an attorney who maintains a law practice devoted to animal law. Elinor donates her time to answer questions from North Shore Animal League America supporters who would like to learn more about animal law.


Dog taken to shelter.

If my ex takes my dogs to a shelter after stating he will watch them can I sue him for taking them to a shelter without my permission?

By |2023-08-21T10:30:13-04:00July 26th, 2023|

Service animal was attacked & killed by another dog.

My service animal was attacked and killed at a dog park by another dog. The owners of the husky mix did not even attempt to help me restrain their dog; they even tried to flee the scene. Although I made sure to obtain their info, I have made a claim under the liability portion of their renters' insurance. The insurance company says pets are considered personal property, and they will only pay for the economical damages. However, service animals are not considered pets; they are considered "working animals." The direct results from their negligence have impacted my health and disability. Yes, I can be reimbursed for the service animal, but what about the last year I have had to put into the training and the costs that come along with that? I am not able to work due to my disability and was planning on breeding him with my other small dog for income. Wouldn't that be a loss of income too?

By |2023-08-21T11:21:15-04:00July 25th, 2023|

Do I have rights to my dog?

My dog had puppies last year, and I gave two of them away. I just found out this week through an ad that one of the puppies I gave away was placed in a shelter sometime last October for being “too hyper”. I have a contract with the woman I gave the dog to stating she is to return the dog to me if she were to ever decide she doesn’t want him anymore. The shelter is trying to say I have to pay the $400 adoption fee, even though my contract shows he was supposed to be given back to me, not a shelter. He’s been there for months.

By |2023-08-21T11:27:50-04:00July 24th, 2023|

Was supposed to receive a puppy.

I was talking with somebody who had puppies available. I even went to go see the puppy. I was guaranteed I would have the puppy on Friday which would be tomorrow. I just received a text today that the puppy was sent to a different home. What are my options? My family was very excited about this. New addition I don’t know why I would be promised a puppy, and then they would rehome her the day before I’m supposed to pick her up. My children are going to be devastated. I am devastated given I had bought so many things for the new puppy that I was guaranteed to be picking up tomorrow… I am so upset. Do I have any options? Can I bring them to court? They have now blocked me off of Facebook and my phone number but I have screenshots of everything. Please let me know. Thank you.

By |2023-08-21T11:52:14-04:00July 20th, 2023|

Lost and Found.

I lost my Chihuahua and she was found by a neighbor who posted on Lost and Found pet website. The next evening I saw the post and immediately responded she was mine and posted my phone number. No response. Next day after I saw the post I found the house where Hazel my Chihuahua was located but the person wasn't there who found her. I left my info if address and phone numbers. He called later that evening and said he'd given her to a friend/co-worker that wanted her. I asked to have his friend call me so I can get her back. But now the friend won't give her back without paperwork proving she's mine. Unfortunately I can't locate paperwork and the places I took Hazel for shots have closed down or it can't locate paperwork. Hazel has very specific markings to prove she is mine though, but the person still won't give her back. Can I fight with photos to get Hazel, my Chihuahua, back?

By |2023-08-21T11:09:08-04:00July 19th, 2023|

Stolen Puppies.

I had 5 Akita Shepherd wolf mixes that are now 4 months old. I asked someone to watch them while I was gone, and they refused to return them. I want to take legal action for the emotional distress this has caused me.

By |2023-08-21T11:44:52-04:00July 18th, 2023|

My dog was stolen

My dog was stolen, and a police report was filed. Animal control found her and took her to the shelter. They never posted anything about finding her, nor did they scan her for a microchip. Thirteen days later, they contacted me via social media after seeing a post I had made about my missing dog. I explained that she was stolen and that I had a police report, but they said they didn't care about the report and that I had to pay a $200 impound fee plus $15 per day. I don't have that much money, and even if I did, are they legally allowed to require me to pay in order to get my stolen dog back?

By |2023-09-22T16:39:53-04:00July 16th, 2023|

Kitten taken against wishes.

My roommate found my cats kitten and gave her to a nonprofit. I want the kitten back and now they’re telling me that she has to go through their adoption process for me to take her back. They also want to vaccinate the kitten and that is not what I want. Please help me. I want her to be cared for (dewormed and spayed) but not vaccinated and they aren’t giving me the option or allowing me to have her back.

By |2023-08-21T11:54:06-04:00July 9th, 2023|

Breeder breaching contract.

I placed a deposit for a puppy after filling out an extensive puppy application with references which was accepted. The breeder has now changed her mind and doesn’t want to sell me a puppy claiming she believes I will find fault with the puppy and refunded my deposit. What legal actions do I have and what is the success rate?

By |2023-08-21T11:30:12-04:00July 7th, 2023|

What lawful or legal action can be taken to have kitten returned?

An interested adoptive family, having 2 dogs and 1 cat, and I agreed through email correspondence that a 1-week trial period would take place to see if their home would be a good fit for the kitten and the family. During this trial, one of their dogs was introduced to the kitten, and I was told it thought the kitten was a snack. As a result, the kitten was and will be kept in the 10-year-old son's bedroom until the cat is larger, and their dog doesn't view it as prey. After learning about this situation, I decided that I did not want the kitten to remain in a room until their dog's behavior changed. This was not what I wanted for the kitten, so I made the decision to pick up the kitten due to the home not meeting my wishes for the kitten's safety.

By |2023-08-21T11:36:36-04:00July 5th, 2023|