I'm SOOOOOO excited...I found Tobey this morning!!!

[mugsy]

Unfortunately, I do not have good news. First of all, yes, the dog is Tobey, but the officer took our information (again, both lost reports, both found reports, vet records, rabies tag) along with 2 pictures of him and went to the house and the guy lied and told him that he had had the dog for 1.5 years and then 3 months ago the dog disappeared. Now the lie, he told the officer that one day the dog just showed back up at his door. I have witnesses who say that he was in hot pursuit in his car the day that Tobey got out. Anyway, the officer said that at this point it is a civil matter and we have to take him to small claims court and there's still no guarentee that we will get him back or even get compensated for the time he was with us. I just feel totally defeated and that if anything bad can happen it will happen to us. The girl at Animal Control said that if he got out once, he run again and we just need to keep our eyes open and then take him again when he runs...not much hope, but perhaps. Sorry I'm such a downer today.

[Gio]

I'm devastated, I was so much hoping for good news. I wish I could jump on the first plane and cut Tobey loose (amd put my hands around that man's neck). Please don't apologise, you have every right to be upset. I only wish there was something I could do. The only thing I can offer you right now is an unlimited amount of prayers.
Please don't give up hope

[Former User]

Oh no, that is so sad Mugsy, but do not give up!!!!!! Justice will win, you'll see and you get Tobey back!!! I know it won't be easy, but it will happen!! In the meanwhile, keep up a positive thinking and do not give up ok? For Tobey's sake!

((((((((((Mugsy)))))))))

[Logan]

Mugsy,
I am so sorry to read this.
Now, if you don't mind, help this feeble brain of mine remember how you got him in the first place, please? Maybe there is an old link I read. I just can't remember the circumstances under which he came to you in the first place.
Logan

[mugsy]

In October, Mike was coming home from looking for a job and saw this dog running loose on the adjacent street from ours, and stopped and picked him up so he didn't get hit or worse. We put ads in the paper, ads at both shelters, put up flyers, and drove him around the neighborhood looking for the owner, all to no avail, so after 30 days (which in Fort Wayne means the dog is yours), we took him to the vet and had him neutered and got his shots etc. So, Logan, I hope that answers your question. If you have any more, just let me know and I will be happy to answer them. I really appreciate all of your kind words...it really means a lot to both Mike and me. We will keep trying to get him back and will keep you up to date as much as possible. Also, a Smokey update, we are going to try and find him a home where he is the only dog since he is iffy about how he will be out of a crate and off leash with the other dogs.

[Logan]

I hung around to see if you would see my question, Mugsy. And now that you have told the story, I remember it well. You have so many stories, because you have so many dogs, that I just couldn't keep up with all of them.

Have you considered having all of your "keepers" microchipped, even if you just did it as you could afford it. Maybe the animal control people do it and would offer it to you for a less expensive price than the vet? I'm grasping at straws here, but at a minimum, I'd at least ask, or see if your vet would consider doing a "bulk" rate for you. I found it to be fairly expensive ($50/dog) with my vet, but it is a sure way of proving that they are yours if they ever get out. If not that, I would be sure to get good, close up shots of each dog, taken from different angles, plus make notes about any "special" features, like a broken tooth or a special marking. Anything that will help you to prove that the dog is yours.

My ex husband took in a stray Golden mix, when we were in college. He was living in an apartment, and she just showed up there. Can't remember what all he did to find her owner, but she was matted, dirty, thin and we took her to the vet, had her spayed, got all of her shots; we groomed her, fed her well, etc, and Sandy became his dog. She went everywhere with him. One day, he was at one of those self serve car washes, and this girl came over and said "that's my dog". He said NO WAY, and refused to hand her over to him. She actually proceeded all the way to magistrate's court to get that dog back, and won, but had to reimburse him for every dime he had spent. He didn't care about the money. He wanted the dog. It literally broke his heart to give her up, after seeing what terrible shape she was in when he found her. It was so sad. I guess I'm hoping that if you have to go that far, you will have better luck than he did. What's that old saying, "possession is 9/10's of the law"?? Hope that's not true in this case.

We'll keep Tobey and you in our prayers.
Logan

[aly]

It sounds like legally the dog now belongs to you and Mike. Take that man's butt to court. Even if he lies, he has absolutely no proof. And you have a lot. Any judge would be stupid not to rule in favor of you because of that 30 day law.

Maybe once the guy sees he's neutered he won't want him anymore. Wishful thinking I know, but I've seen it happen before.

I will be praying for you and awaiting Tobey's return to his real home, which I know will happen.

[zippy-kat]

I'm sorry you weren't able to get Tobey back yesterday. But don't give up!! You were meant to have this pup!!

I agree with Aly, it seems like the 30-day ruling would apply to you as well; legally, Tobey is YOURS.

HEY! Here's a thought....does the man have ANY vet records to show for the dog????!!!! Vaccinations, etc??? How about grooming bills? Anything?!

Good luck!

{{Mugsy}}

[ramanth]

I'm so sorry to hear about that Mugsy. Tobey should be given to you! You're all in my prayers.

Logan... that is my biggest fear about Kia. That someone is going to point to her and say "that's my dog". Hopefully my adoption papers are enough to prevent such a thing.

[sasvermont]

Sorry to hear about the current outcome.

After hearing the story, I did a search on Pet Talk, and saw where you had introduced Tobey as a dog you had found as a stray. I hesitated yesterday, to bring it up, but figured the person holding the dog was the original owner - and I was right, yes? If they are cruel to the dog, report them to the humane society and have the dog taken away from them.

There are so many dogs that need good homes that it seems silly to me to fight over a dog UNLESS they are mistreating it. If they are, then I would go after them with full tilt.

There was a situation with a cat in my neighborhood that seemed to be the same - a seemingly stray, unspayed, skinny, lonely and aways on our porch. A neighbor took the cat in, took it to the vet - saved its life as it had an infection and was about to die - THEN the owners of the cat showed up. Liz, the new owner just said NO to the original owners and they went away. They have lots of other pets etc. The really stupid part to this story is that Liz had an alergy to cats and was unable to keep it for long and we ended up finding a better home for it.

I feel sorry for you. Who knows, you may end up with Tobey some day! I would not try to lure the dog back because it sounds as though the original owner would come for the dog - and it would start all over again.

Keep us posted, please. I am sure your heart is broken.

[Stenograsaurus]

I am so sorry to hear about Tobey. I don't know of any words that I can say to comfort you right now but I want you to know that I'm thinking of you guys today.

[mruffruff]

I'm so sorry you can't get Tobey right away. I don't know if I'm more depressed or angry!

Since you have all the vet records with dates and the ads, I can't imagine that the law wouldn't be on your side. If you advertised in the paper, that should have a date on it too. This should be enough to prove ownership. I don't think I'd be able to let this go. There must be a lawyer that can tell you what to do. Some even have 'first consultation is free' offers.

Please don't give up hope.

Mary

[aly]

I think she's fighting for the dog because she loves and misses him. Its not fair when she followed the law and some weasel just took him back after that long then lied about it. And when she gets Tobey back, its not going to prevent her from rescuing other dogs. She couldn't say no to any canine in need

[Dixieland Dancer]

I agree with Logan about the microchipping. It is the best way to prove the dogs ownership.

A thought.... can you get copies of the newspaper ads you ran trying to find the rightful owner and then the vet bills (hopefully some 30 days apart) to take to a lawyer. Some lawyers work on a free basis and get paid after they win the case. They will be able to tell you for sure if you have a paw to stand on in getting Tobey back.

[mugsy]

You know 20/20 hindsight is a beautiful thing. We had planned to get Tobey chipped and like everything else we put it off and didn't do it and if we had there wouldn't have been a question as to whom the dog belonged. We are planning on fighting it in small claims court, but it makes me angry that we were told that he was ours and that when we found him we could have him back with all the records we have and now they're saying no we can't. We are going to contact the contractor whose men saw Tobey and the guy chasing him and get notarized statements from them testifying to what they saw. The girl at animal control told us also to force him to show vet records for him being neutered (which he won't be able to do) and nail him that way.