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A Light At The End Of The Tunnel

Devastated
September 4th, 2007, 08:45 AM
I can finally update the forum about my legal battle to get my dog back from my ex-roomie. In 2 days (Sept.6th 9:30a.m.), my Motion and Request for Writ of Delivery will be heard at the Courts. I am a nervous wreck despite reassurances from my lawyer that the Writ of Delivery will be issued. It has been a long and stressful road and I haven't seen my dog now in almost 3 months except for that one occassion when I tried to see him and my ex-roomie dragged him away from me.
My only concern now is that despite having a court order, the ex-roomie will try to hide my dog from the Sheriff. Did you know that every time the Sheriff goes to retrieve your property, regardless of whether they are successful or not, it cost's $400.00? Once the Writ of Delivery is issued it then has to be taken to the Sheriff and you give him all the information you have as to the whereabouts of the dog and then you coordinate with the Sheriff as to what is the best time to try and seize the dog.
I'm hoping and praying that I will have my boy home no latter than early next week.

mummummum
September 4th, 2007, 09:08 AM
:fingerscr for a successful outcome on the first try.

Question, though ~ weren't you registered under a different screen name before ?

Winston
September 4th, 2007, 09:19 AM
It is so nice to hear from you!! I have been wondering how you made out with getting your dog back!! I guess things never worked out catching up with your ex roomie at the liquor store!

Does your ex roomie know what is going on yet? Has he been served?

Cindy

:thumbs up

ancientgirl
September 4th, 2007, 11:04 AM
Good luck! I hope you get your dog back.

Love4himies
September 4th, 2007, 11:13 AM
I was thinking about you on the weekend and wondering how you were making out.

Good luck getting your dog back, will he get any warning that the Sheriff is coming? $400, boy that is steep, who has to pay if your ex-roommate simply tells the Sheriff he doesn't have the dog, but really does? What happens if he simply refuses to give back the dog?

I can't believe this, somebody steals your dog and you have to go through all of this to get it back.

Kristin7
September 4th, 2007, 11:31 AM
Good luck, I hope you get your dog back soon! :fingerscr :fingerscr Karma will get your ex-roomie...

Devastated
September 7th, 2007, 06:59 AM
What should have been a day of celebration and joy yesterday, turned out to be anything but. I am still in a state of shock as to what happened in Small Claims Court. In less than 5 seconds all my hopes were destroyed by Judge Ashby who stated that there was no Jurisdiction for a Writ of Delivery for my dog. Both my lawyer and I were caught completely off guard and at first we thought that the Judge meant that Small Claims Court was not the proper Jurisdiction to seek custody of an animal, despite having been told by the Court Clerks of the Small Claims Court that it was. My lawyer had even found a precedent and case from 2005 where a dog was returned to it's rightful owner through trial.
Now, it seems, that what the Judge may have meant by "Jurisdiction" was as it applied to the Motion and Writ of Delivery because the former roomie had submitted a Statement of Defence and therefore it will have to go to trial and both parties will have to give oral statements (arguements) to prove who the lawful owner is. This is a bitter pill for me to swallow as I have all the legal documentation proving I am the sole legal owner and the ex roomie, in his Statement of Defense, has not even tried to dispute this fact but instead has chosen to perjure himself by stating that "The Plaintiff and I had a long standing verbal agreement that should I ever move out that the dog would go with me."
I will be meeting with my lawyer again today to discuss the next course of action but right now it looks as though we will have to proceed to Trial and this could take months so I am now going back to my original thinking that somehow I will have to kidnap my dog back.
I will post again when I have news.

want4rain
September 7th, 2007, 07:14 AM
im not sure if thieving the pooch back would be a good idea now that you have started a legal battle to win him back. its now officially on the record that the roomate has physical custody of your dog.

did you guys have shared friends who could talk to him? could you call his mother? girlfriend? id say you should be as manipulative as you can muster. call his mother in tears, tell him that you are so upset that he is keeping your dog. tell her he is mad because you wouldnt sleep with him or something like that.

good luck honey. im sorry you are going through this.

-ashley

Love4himies
September 7th, 2007, 07:28 AM
Oh no, I was hoping for good news :sad: . Something like this should take 5 minutes to deliver a verdict, one person has proof the dog is theirs, the other doesn't, give the dog to the person who has proof. Boom, done, end of story. Sounds so simple, but our legal system makes it so complicated.

Good luck to you girl!

ancientgirl
September 7th, 2007, 08:09 AM
Too bad the judge seemed to be such a jerk. It sounded like a clear case of this guy stealing your dog to me. But laws are so iffy.

I don't think I'd try to kidnap the dog though. It would be obvious it was you and if he's on the record of being the owner (for the time being) you may bring on yourself more problems.

I do agree however you should try talking to some mutual friends or maybe a family member of his. This guy has some major issues. It seems from what I've read on your other post he really doesn't care about the dog, but mainly has it with him just to upset you or get back at you.

A trial might be best. At least you have documentation the dog is yours and you took care of its vet bills and such. All he has is his word which isn't much unless you have proof in a court of law.

Jim Hall
September 7th, 2007, 09:14 AM
thats really a let down let us know wh at your lawyer says

Purpledomino
September 7th, 2007, 11:56 AM
I have been following your story as well, and hoped for a better outcome. What a disappointment for you. Hopefully your trial will come about sooner rather than later, and you will be reunited with your boy. It's hard to have faith in the system when stuff like this happens, but I'm confident that you will get your dog back if you follow the right course. I agree that it's probably not a good idea to risk your safety to steal your dog back, try to be patient and use the resources available to you. Good luck and keep us updated! :fingerscr

rainbow
September 7th, 2007, 02:57 PM
I've been following your story as well and sorry to hear about all the roadblocks you're hitting. :wall: It is obviously very frustrating for you. :frustrated: :grouphug: I hope the final outcome will be in your favour. :fingerscr :fingerscr :goodvibes: :goodvibes:

Devastated
October 24th, 2007, 03:05 PM
I am in court again tomorrow morning hoping that the Judge will issue an "interim order for recovery of personal property". My lawyer will present case law and precedent that proves that The Small Claims Court has jurisdiction to make a ruling in this matter but I am taking nothing for granted as, if nothing else, the past four months have shown me that the courts have very little to do with justice.
Please say some prayers for me even if your not religious......pray to whatever you hold sacred.

ancientgirl
October 24th, 2007, 03:24 PM
I will pray for you, and light a candle for you. I hope with all hope you get your dog back!:pray::pray::pray::pray:

Winston
October 24th, 2007, 03:41 PM
Devastated! It is great to hear an update! I know it has been a long journey for you but please stay strong! You have made it this for in your valiant fight for your dog....We will all be sending hugs, vibes, well wishes and I think we have someone on this board that can sprinkle a little fairy dust your way!!! Please let us know how things go? we will all be supporting you from wherever we are!

Cindy
:candle:

krdahmer
October 24th, 2007, 03:53 PM
:pray::grouphug: Best of luck tomorrow.

white wrabbit
October 24th, 2007, 04:02 PM
best of luck tomorrow:pray::grouphug::fingerscr:fingerscr

rainbow
October 24th, 2007, 04:37 PM
Lots of good wishes coming from me as well. :pray: :pray: :fingerscr :fingerscr :goodvibes: :goodvibes: :goodvibes:

I don't have the Fairy Dust but I do have a Magic Wand....

http://bestsmileys.com/magic/3.gif

Jim Hall
October 24th, 2007, 07:08 PM
Good Luck and i'll give buddah a special rub for ya

Devastated
October 24th, 2007, 07:25 PM
:fingerscr Thanks very much guys. I can't tell you how much I appreciate it. I doubt I will sleep a wink tonight. I will post asap and let you know how things went in court.:fingerscr

rainbow
October 24th, 2007, 07:30 PM
More good luck for you....

http://bestsmileys.com/magic/7.gif

Love4himies
October 25th, 2007, 07:55 AM
Good Luck today!!!!!! Hope you get your baby back.


You are right about our justice system. My parents have gone through the same issues you have been with small claims court (not about a dog though). Judge did not care about proof, but who told the best story (the defendant lied through his teeth).

rainbow
October 25th, 2007, 02:04 PM
Thinking of you and hope everything went in your favour. :pray: :fingerscr :fingerscr :goodvibes: :goodvibes: :goodvibes:

Devastated
October 25th, 2007, 02:05 PM
:D:D I have the most wonderful news and I'm so excited I can hardly type. Judge Morris Winer of the Small Claims Court granted me my order today and he has given the ex-roomie until 8:00p.m. tomorrow evening to deliver my dog to my lawyer's office. :thumbs up:D My lawyer did a bang up job in convincing the Judge that the court could grant me what is called "interim order for recovery of personal property" under Section 104 of the Courts of Justice Act.
Now, having said that, I discussed with my lawyer the possibility that the ex-roomie may not comply with the order. In court he was furious that he had lost and actually seemed completely taken aback by the decision and knowing him the way I do, I suspect he will not voluntarily take my dog to my lawyer's office. If he does not comply with the order, he will be held in comtempt of court and put in jail.
I feel this is not only a victory for myself but for all other pet owners out there as now it will be entered into court once and for all that The Small Claims Court does have jurisdiction and precedent has been set that if you have supporting documentation proving that you are the legal owner of a pet, you do not have to wait agonizing months before you get to trial to prove your case. My order was issued on a Notice of Motion and if the ex-roomie wants to continue on to Trial he can incurr the huge legal costs and he will have a hard time proving anything at Trial because the Judge already awarded custody to me.:thumbs up

ancientgirl
October 25th, 2007, 02:14 PM
What fantastic news! Congratulations!

I hope your ex-roomie takes your dog to your lawyer's office ASAP!

What a royal :censored: though. Please, he got angry because a dog that wasn't his in the first place is being taken away from him?

I'm looking forward to seeing pictures of you and your dog celebrating!

rainbow
October 25th, 2007, 02:37 PM
WOO HOO !!! http://bestsmileys.com/dancing/14.gif

Winston
October 25th, 2007, 03:05 PM
That is the best news I have heard today! Wow! to think you had to wait this long! I can not imagine how you must feel!! I really hope he comply's with the order! (if your doggy only new it was coming home!!! yippee!!)

I guess the downside is if he fails to surrender your dog? Perhaps someone should be keeping a watchful eye out around his home in case he decides to move the dog to another location that you don't know about??

The nice thing is like you said that future pet owners now have a precident setting case to reference! too bad you had to be the example!

I hope you have a wonderful celebration !! We really need to see some pictures now! Please keep us posted at to the outcome! I am sending those good vibes, well wishes! and maybe someone did sprinkle a little fairy dust around for you today!!

Cindy
:thumbs up

rainbow
October 25th, 2007, 03:23 PM
I guess the downside is if he fails to surrender your dog? Perhaps someone should be keeping a watchful eye out around his home in case he decides to move the dog to another location that you don't know about??

I was just thinking the same thing :eek: and came back to post. He sounds like such a :censored: :loser: that it's quite possible he may try something like that.

I sure hope he doesn't.....good luck for a good outcome. :fingerscr :fingerscr :goodvibes: :goodvibes:

coppperbelle
October 25th, 2007, 06:42 PM
I have been thinking about your case and wondering if there was an update. I am happy for you although a little worried that he may do something drastic.

TeriM
October 25th, 2007, 08:45 PM
Great news :thumbs up. Good luck for your "recovery" tomorrow :goodvibes:.

white wrabbit
October 25th, 2007, 11:29 PM
wow i am soo happy to hear this.. http://i152.photobucket.com/albums/s197/Jacksonx3/Happy.gif

growler~GateKeeper
October 26th, 2007, 02:25 AM
:goodvibes: Good Luck :goodvibes: I hope the "handover" happens smoothly & on time with no uglyness :fingerscr

Mahealani770
October 26th, 2007, 07:47 AM
Gosh I can't wait to find out what happens! :goodvibes::fingerscr

Love4himies
October 26th, 2007, 10:07 AM
WOO HOO!!!! I am so happy that you finally have some justice! Do you think he would risk going to jail rather than return the dog:eek:?

Devastated
October 26th, 2007, 07:42 PM
:cry::D:cry::D Sometimes in life there are happy endings and I can now say that I have my happy ending. My boy Maddox is safely home and sleeping on his bed that was waiting for him. You can never truly know what goes threw a dog's mind but he raced around pulling his toys out of his toy box and ran into my bedroom I guess to see if everything was the same in there.
Needless to say, I am ecstatic.
I am however a little disturbed by a few things. His nails have obviously not been cut in the four months he has been gone from me and are so long that it must be painful for him to walk. I will have those attended to first thing in the morning. He also has some kind of healed wound on his leg. God only knows what this was caused by. He is also very overweight and no doubt this was from lack of excercise. No worries, I will have him back in good health in no time.
I just want to say again how much I appreciate the good wishes and support that the people in this forum have given to me. I will post a pic of Maddox and I as soon as possible.

Winston
October 26th, 2007, 07:50 PM
OMG!!! That is FANTASTIC!!!!!! I cant wait to see Maddox! Its been a long time coming! I shed a tear reading you post.....It is nice to see that your baby finally came home!! Enjoy your time with him and good luck with getting him back into shape..

Yeah!!!!! for happy endings!!!!

Cindy

hazelrunpack
October 26th, 2007, 07:55 PM
WooooHooooo!! :highfive: Welcome home, Maddox!

mummummum
October 26th, 2007, 08:15 PM
Wow ~ that IS fantastic news! Welcome home Maddox ~ we can hardly wait to see your shining face!

ancientgirl
October 26th, 2007, 08:23 PM
I'm so happy to ready your baby is back with you! I was a little worried when I saw the crying emoticon, but I'm glad everything worked out the way it should have.

I'm wondering if you might have a vet look at him and record the changes in him, just so that you have it on record that he was not taken care of.

I hope you have no more trouble from that disturbed person. I was going to say let him get his own dog, but I can't wish that nightmare on any animal.

otter
October 26th, 2007, 09:03 PM
Devastated i'm soooooooo happy for you and Maddox!!:D:D:D

You'll have him back in perfect health in no time. Hopefully no ailments that some 'lovin :lovestruck::lovestruck: won't cure.

Congratulations on paving a smoother road for pet owners everywhere!:highfive:

rainbow
October 27th, 2007, 12:51 AM
http://bestsmileys.com/happy/5.gif I am sooooo happy for you. :highfive:

http://bestsmileys.com/dancing/14.gif

Sorry to hear that your ex didn't take care of Maddox :sad: although I am not surprised as he only kept him out of spite. :sad: :rolleyes: I really wish he "could" be charged with something. :frustrated:

Give Maddox a hug from me :grouphug: and, please let us know the outcome of his vet checkup. :goodvibes: Looking forward to some pics. :D

growler~GateKeeper
October 27th, 2007, 01:25 AM
http://bestsmileys.com/cheering/7.gif Alright!!!!

So glad you got Maddox back - his condition will quickly improve with the loving care of his mum :D Hope the hand off was civil atleast

Can't wait for pics :)

white wrabbit
October 27th, 2007, 01:43 PM
i am soo happy to hear you have him home with you!!http://i152.photobucket.com/albums/s197/Jacksonx3/Happy.gif

Devastated
October 27th, 2007, 02:51 PM
If there is one thing I have learned in life it is that things are never black and white......it's the gray areas that are the killers.
The hand off was civil, if somewhat bizarre. Because the ex-roomie has a "no-contact" order against him, the agreement was that he was to get one of his roomates (the female) to meet me at the entrance to the townhouse complex with my dog but instead, when I got there, she was without the dog. When I approached her, she asked me to be gentle with the ex-roomie and I said to her that I had no intentions of speaking to or making contact with the ex-roomie and that the agreement was she was to produce Maddox.
She then said, well, if you want your dog you will have to knock on the door and ask the ex-roomie for him and she promptly walked up the street to where the local bar is. (Weird people)
I knocked on the door and after what seemed like an eternity the ex-roomie finally came to the door with Maddox and of course he wanted to have "one last kick at the can" and started to say how "this just isn't right" "I love this dog and he is happy here" blah blah blah. While he was yakking, I leaned down and unhooked Maddox from the leash he was on and put my own leash on him and walked away.
Anywas, what I meant about the "gray" areas of life is this. Even though my ex-roomie is a very troubled individual and I still believe that part of his motivation was spite, he did and does truly love Maddox. He is just not responsible and this is mostly because of his drug and alcohol abuse problem. He was crying when he brought Maddox out and I believe he is truly hurting but I suffered incredible heartache for four whole months.
I still have the capacity to feel sorry for the ex-roomie, sorry but not guilty for doing what is best for my dog. The only winner in this situation is Maddox.

rainbow
October 27th, 2007, 03:02 PM
I'm glad the handoff was civil. :thumbs up I wouldn't feel sorry for your ex....he's a grown man capable of changing his lifestyle if he chooses. I just hope he doesn't get another dog as long as he chooses to live that way. :o