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re: Bring Scout home UPDATE PAGE 8

Posted on 9/2/16 at 3:17 pm to
Posted by Salmon
I helped draft the email
Member since Feb 2008
86677 posts
Posted on 9/2/16 at 3:17 pm to
Posted by logjamming
Member since Feb 2014
8313 posts
Posted on 9/2/16 at 3:20 pm to
quote:

That's just shelter policy. Theft is actual law.



Damn. I was gonna go snatch up people's property, put it in storage with a sign that says "if you don't claim your shite within 7 days, it's ours."

I knew it was too good to be true.
Posted by Hangit
The Green Swamp
Member since Aug 2014
47667 posts
Posted on 9/2/16 at 3:20 pm to
quote:

well the woman is not giving the dog back due to the negligence that I listed so it is relevant


Nobody suggests that this would not have been a more streamlined process if they had chipped Scout and had vet records. You keep throwing it out there when everybody already agrees.

Now that we have established that you are right, you can move on to suggestions on how to reunite Scout with his rightful owners.

When it is already sold, stop selling.
Posted by Salmon
I helped draft the email
Member since Feb 2008
86677 posts
Posted on 9/2/16 at 3:22 pm to
quote:

Now that we have established that you are right, you can move on to suggestions on how to reunite Scout with his rightful owners.


I just don't know what anyone can really do if the woman is hell bent on not giving the dog back

Posted by logjamming
Member since Feb 2014
8313 posts
Posted on 9/2/16 at 3:23 pm to
quote:

it wasn't no identification on the dog



so this means property law and tort law no longer applies?
Posted by DirtyMikeandtheBoys
Member since May 2011
19467 posts
Posted on 9/2/16 at 3:23 pm to
So the family just gave up looking after an hour? WTF

This post was edited on 9/2/16 at 3:24 pm
Posted by Salmon
I helped draft the email
Member since Feb 2008
86677 posts
Posted on 9/2/16 at 3:25 pm to
quote:

so this means property law and tort law no longer applies?


it means if they do not claim the dog within the 7 day holding period, they forfeit ownership to the shelter and the courts will generally back the shelter up on this
Posted by NYNolaguy1
Member since May 2011
21836 posts
Posted on 9/2/16 at 3:26 pm to
I stopped reading at the second line when i saw

quote:

A. Common Law Rights of the True Owner




Louisiana is not a common law state. That whole article is invalid in Louisiana. Do you have any other case law or statutes you can point to that quotes this 7 day rule?
Posted by Hangit
The Green Swamp
Member since Aug 2014
47667 posts
Posted on 9/2/16 at 3:36 pm to
My question is for the legal types. The FB page says the dog was taken in Union parish. It says they live in a very rural part with no leash laws.

Does the person who picked him up hold any responsibility since he was obviously well fed and cared for?

Does the pound hold any responsibility since they took a dog that was probably procured illegally?

Is it legal for the SJW to hold him hostage on the premise that, if they have the balls removed from all of their animals, she will return him?
Posted by logjamming
Member since Feb 2014
8313 posts
Posted on 9/2/16 at 3:36 pm to
quote:

it means if they do not claim the dog within the 7 day holding period, they forfeit ownership to the shelter and the courts will generally back the shelter up on this



That isn't how it works at all. If the dog has been sheltered and the owner refuses to pick it up or pay for the veterinary care and housing of the dog, THEN it becomes the shelter's dog.

A business policy, dog shelter or not, doesn't mean that basic property law does not apply.

ETA

quote:

2452. Abandoned animals A. An animal shall be considered abandoned when the owner thereof has not paid the charge for veterinary services, including medical, or for boarding, within ten days after rendition to the owner of the invoice for such services or boarding and no other agreement with the owner has been reached for the payment of such charge for services or boarding. The person to whom the charges are due may then give notice, as provided in R.S. 3:2453.
This post was edited on 9/2/16 at 3:40 pm
Posted by Salmon
I helped draft the email
Member since Feb 2008
86677 posts
Posted on 9/2/16 at 3:37 pm to
quote:

Do you have any other case law or statutes you can point to that quotes this 7 day rule?


the only thing I can find in LA is that after 7 days the shelter has the right to "dispose the animal in a humane manner"

Posted by Salmon
I helped draft the email
Member since Feb 2008
86677 posts
Posted on 9/2/16 at 3:39 pm to
quote:

That isn't how it works at all. If the dog has been sheltered and the owner refuses to pick it up or pay for the veterinary care and housing of the dog, THEN it becomes the shelter's dog.


right...which is what happened

the owner didn't pick up the dog within the holding period, therefore it became the shelters dog
Posted by Salmon
I helped draft the email
Member since Feb 2008
86677 posts
Posted on 9/2/16 at 3:40 pm to
quote:

Does the person who picked him up hold any responsibility since he was obviously well fed and cared for?


not if they "reasonably" tried to locate the owner

quote:

Does the pound hold any responsibility since they took a dog that was probably procured illegally?


no...this is what the 7 day holding period is for

only the owner can claim the dog during this period
Posted by Napoleon
Kenna
Member since Dec 2007
74865 posts
Posted on 9/2/16 at 3:41 pm to
quote:

out of the closet atheist, and unapologetic liberal


I'm both of those and would go to jail over my dogs in this scenario.
How long was the dog at the shelter?

Was the dog chipped? bad idea not to have a dog chipped.

Can they prove ownership? I would contact whoever gets the dog. I would also call the sheriff and pursue charges of theft and crossing state lines with intent to defraud.

BUT..... If the shelter had the dog up for adoption and then this lady adopted it, then that is a slippery slope.
Posted by georgia
445
Member since Jan 2007
9228 posts
Posted on 9/2/16 at 3:43 pm to
why didnt they just buy the dog back or have someone buy it for them?
Posted by Napoleon
Kenna
Member since Dec 2007
74865 posts
Posted on 9/2/16 at 3:46 pm to
quote:

Is the dog microchipped?

He should be


read the whole thread. Don't want this to happen? Pay the $40 a chip your dog.

Posted by Salmon
I helped draft the email
Member since Feb 2008
86677 posts
Posted on 9/2/16 at 3:47 pm to
quote:

ouisiana is not a common law state. That whole article is invalid in Louisiana.


also if you read more, it is not all about common law and cites other cases
Posted by Hangit
The Green Swamp
Member since Aug 2014
47667 posts
Posted on 9/2/16 at 3:49 pm to
You missed the point. The people who originally took the dog from it's home had no right to do so. There are no leash laws, he had a collar, and was well fed. He was by his home. They had no right or reason to take him.

The shelter took a dog that was ill gotten and threw their rules on his ownership. Their rules should not apply to him because he should have never been taken. Had they asked how she got him, they would have told her to return him to his home.
Posted by Blue Velvet
Apple butter toast is nice
Member since Nov 2009
20112 posts
Posted on 9/2/16 at 3:50 pm to
They didn't neuter the dog?
They let the dog live in Union Parish?
The dog lived with a cop?
The dog wasn't microchipped?
The dog doesn't have papers?
The dog doesn't have a record with the local vet?
The dog was left to roam while they vacationed?
The dog was taken to a shelter?
The dog spent at least a week in a shelter?

Dog may be better off with that scary, Satan-worshipping atheist.
Posted by NYNolaguy1
Member since May 2011
21836 posts
Posted on 9/2/16 at 3:52 pm to
quote:

You missed the point. The people who originally took the dog from it's home had no right to do so. There are no leash laws, he had a collar, and was well fed. He was by his home. They had no right or reason to take him.



Which would be the argument brought by the originals owners.
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