Reclaiming Pets Legally

Summary

Ariannas grandmother took her cats when she moved out of her house. Arianna has proof of ownership including microchips, vet records, and payments for vet services. She had a verbal agreement with her grandmother about the cats. Arianna has filed a police report and is preparing to sue her grandmother. She is also looking for a civil litigation attorney. She plans to sue for the property rights of the cats rather than their value. She is considering self-representation if she cant find an attorney within her budget. She is also considering getting an official appraisal of her cats value. She has taken steps to ensure the well-being of her cats while they are with her grandmother. If the court rules in her favor and her grandmother still refuses to return the cats, she plans to petition a writ of execution and have the police retrieve them.

Full Conversation

my grandma took my cats when we moved out of her house two months ago. we’ve payed for everything and raised them
What state are you currently residing in, Arianna? This will help me provide you with the most accurate information.
arkansas
Did you have any agreement with your grandma about the cats? In Arkansas, pets are considered personal property.
well i live in arkansas currently but the cats are in texas
What proof do you have that the cats are your property? In Texas, pets are also considered personal property.
microchips with our name and address, vet records , payments for their vet services,records stat
Do you have any written agreement with your grandma about the cats? In Texas, verbal agreements can be legally binding but written ones are stronger.
stating ownership
What does the written agreement with your grandma state about the ownership of the cats?
we only had a verbal agreement when leaving, which was that we would get settled and come back for the cats in a month. previously she knew we would take the cats
What actions has your grandmother taken that makes you believe she won't return the cats?
she texted us saying we can’t get the cats, we aren’t welcome, and offered new cats.
What steps have you taken so far to retrieve your cats?

In Texas, pets are considered personal property. If you have proof of ownership, you may have a legal claim.
we haven’t been in contact with my grandma since, but we’ve filed a police report and have been getting ready to sue her. we would like to send a demand letter
What is the content you wish to include in the demand letter?
proof of ownership, a time limit, where to meet, and that all four cats must be returned
What is the exact location in Texas where your cats are currently? This will help in determining the appropriate court jurisdiction.
rockwall texas
What is the response from the police after you filed the report?

In Texas, pets are considered personal property. If you have proof of ownership, you may have a legal claim. The nearest court is Rockwall County District Court, * E Yellowjacket Ln, Rockwall, TX *, USA.
the police said they wouldn’t get involved in a civil dispute and that we would need to go to court if mediation doesn’t work
What was the reason given by the police for not getting involved in this civil dispute?

In general, police often don't intervene in civil matters, leaving them to be resolved through the courts or mediation.
that it was a family issue and they couldn’t officially say who owned the cats right then
What steps are you planning to take next in this situation?
find an attorney, sue her in small claims court for our cats, and then get a writ of execution to have them removed from her home.
What is the monetary value of the cats and their related expenses? This will help determine if your case qualifies for small claims court in Texas.
our cats are basic domestic shorthairs, and we haven’t spent much on vet bills but estimate would be like $*
What is the maximum amount you can sue for in small claims court in Texas?
$* at least
What is the total amount you are planning to sue for in small claims court?
we are not going to sue for their value but for the property rights themselves.
What is the reason you are choosing to sue for property rights instead of the value of the cats?
we have a very strong connection with them and raised them in our room for months and they were taken from us by being locked away so it’s not fair for them to keep them
What steps have you taken to find an attorney in Texas?

In Texas, small claims court can handle cases up to $*,*. You can sue for the return of your property, in this case, your cats.
ive just been doing research online of pro bono lawyers in rockwall, as well as just regular lawyers that have affordable payment plans. i haven’t found any attorneys yet tho
What type of lawyer are you looking for? A civil litigation attorney or a family law attorney?
a civil litigation attorney
What specific qualities or experience are you looking for in a civil litigation attorney?
someone organized, level headed, at least a decade or experience, and the drive to get our case won
What is your budget for hiring a civil litigation attorney?
we can’t afford an attorney outright so our best bet would be pro bono, or a contingency fee, or fee shifting
What steps have you taken to find a pro bono, contingency fee, or fee shifting attorney in Rockwall, Texas?
online searching. haven’t had much luck
Have you tried reaching out to local legal aid organizations or the state bar association for assistance in finding a pro bono attorney?
no but that is gonna be my next step, calling legal aid
Which legal aid organization are you planning to contact in Rockwall, Texas? Legal Aid of Northwest Texas is a good option. Their contact number is (*)*-*.
that company and whatever other legal aid facility’s near rockwall
What is the name of the other legal aid facility you are considering in Rockwall, Texas?
texas law help
What specific legal assistance are you seeking from Texas Law Help?
finding an affordable attorney for someone low income
What is your income range? This information can help determine your eligibility for certain low-income legal aid programs.
max $* a month at the moment
What is the total number of people in your household? This information is important as it can affect your eligibility for certain low-income legal aid programs.
*
What is the total monthly income of your household?
$*
What are your monthly expenses? This information can help determine your eligibility for certain low-income legal aid programs.
utilites, groceries, cat supplies
What is the total amount of your monthly expenses?
$*
What is your plan if you are unable to secure a pro bono attorney?
try to find a contingency fee lawyer , or a attorney with a payment plan that we can afford
What is the maximum amount you can afford for a payment plan with an attorney?
$* in total
What is your plan if you can't find an attorney within your budget?
our last resort would have to self representation
or to find attorney who will do a contingency or fee shifting so the other party will pay the fees
What steps have you taken to find an attorney who will work on a contingency or fee shifting basis?
looking up specifically contingency fee lawyers, but they mostly use it for personal injury and would only accept if they think we can win
What is the nature of your case that makes you believe a contingency fee lawyer might consider it a winnable case?
since we’re determining who really owns the cats, we have all the legal proof of them being ours, as well as countless photos of us caring for them for months, my grandma has nothing like that except that she has them currently
What steps have you taken to negotiate with your grandmother for the return of the cats?
before we left the house we tried talking abt giving us the cats and she just refused and even tried to bribe us for the cats. our next step would be the demand letter since she cut contact with us
What is the content you plan to include in the demand letter to your grandmother?
a time limit, intention of suing, proof of ownership, and where we can meet
What is your preferred method of delivering the demand letter to your grandmother?
text message, as she doesn’t look at her mail regularly enough to trust she will get the letter in time
What is your plan if your grandmother does not respond to the demand letter?
her time limit is 14 days, and on the 15th day with no plan to meet up we will file
What court are you planning to file your case in?
rockwall texas small claims court
What is the total amount you are planning to sue for in small claims court?

In Texas, small claims court can handle cases up to $*,*. You can sue for the return of your property, in this case, your cats.
we are going to sue for the property back rather than the value
What is your plan if the court rules in your favor but your grandmother still refuses to return the cats?
petition a writ of execution and have them police retrieve them
in texas the court can’t enforce a ruling but they have a writ or execution that allows law enforcement or the justice or
of peace to retrieve the property and return them to us within *. days
?
get a writ or execution
What is your plan if the writ of execution is not successful in retrieving your cats?
since we would need to pay a bond to get the writ we would enforce the writ by speaking with the police because the whole case if for the cats and it’s unacceptable to not be able to retrieve them
What is the amount of the bond you would need to pay to get the writ of execution?

In Texas, a writ of execution is a court order that is issued to enforce a judgment of possession. It allows the sheriff or constable to seize the property and sell it at a public auction.
yes, but there is also a delivery of possession within the writ so instead of them selling the property or just taking it they would deliver them to us
What is the cost associated with obtaining a writ of execution in Texas?
the bond is *-* percent of their value
What is the estimated value of your cats?
max $*
What is your plan if the estimated value of your cats is not accepted by the court?
it will be in small claims dourt
What is your plan if the small claims court does not accept the estimated value of your cats?
why wouldn’t they accept the estimated value
The court might not accept the estimated value if it's not supported by sufficient evidence. Can you provide any documentation or professional appraisal to substantiate this value?
research on their breed, age, and total amount of vet bills we’ve paid. that is just an estimated value, as we have to had them appraised and don’t know how to do so officially
Have you considered reaching out to a professional pet appraiser or a veterinarian to get an official appraisal of your cats' value?
no but that’s a very good idea. we will speak to our local vets or find a pet appraiser
That's a great step forward. Do you have a preferred local vet or pet appraiser in mind?
yes we have a vet here in town which our family uses and we will use, as well as a vet close by that my bf might work at
What are the names and contact details of these vets? It might be helpful to reach out to them for an official appraisal of your cats' value.
i am unsure at the moment but a quick look at contacts or search will help
Could you please provide the names and contact details of the vets once you have them? This will help in getting an official appraisal for your cats.
*-*-* is the number for the vet office here in malvern
What is the name of the vet office in Malvern?
hughes animal hospital
What is the name of the veterinarian at Hughes Animal Hospital who you plan to consult for the appraisal of your cats?
i don’t have a specific vet to contact at the moment
What is the name of the other veterinary clinic that your boyfriend might work at?
i am unsure but it’s another animals hospital in hot springs
What is the name and contact details of the animal hospital in Hot Springs?
david smith, *-*-*, the vet who works there at all creatures animal hospital
What is the name of the veterinarian at All Creatures Animal Hospital who you plan to consult for the appraisal of your cats?
davud smith
What is the estimated cost for the appraisal of your cats at All Creatures Animal Hospital?
david
What is the name of the other veterinary clinic that your boyfriend might work at?
not sure we would have to ask
What is the estimated cost for the appraisal of your cats at Hughes Animal Hospital?
not dure we would have to ask
What is your plan if the appraisal cost is higher than your current budget?
do my own thorough research on our cats and how much people sell them for
What breed are your cats? This information can help you in your research to determine their market value.
domestic short and medium hairs
What is the age and health condition of your cats? This information can help determine their market value.
they are kittens still, 8 months right now, very healthy
they are 8 months old and very healthy
What steps have you taken to ensure the well-being of your cats while they are with your grandmother?
we offered to send her their food which she declined
when we were in contact we just asked questions abt them
What was your grandmother's response when you asked about the cats' well-being?
she said they and doing fine
she said they were doing fine
What steps have you taken since your grandmother said the cats were doing fine?
no steps since we have not been in contact with her
What is your plan if your grandmother refuses to cooperate even after the court's decision?
ensure law enforcement can retrieve our cats, as it is illegal to interfere with their retrieval
What steps have you taken to ensure law enforcement's involvement in retrieving your cats if your grandmother refuses to cooperate?

In Texas, a writ of execution can be enforced by law enforcement to retrieve personal property.
we will submit a writ of execution and pay the sheriffs since we have to
What is the estimated cost of submitting a writ of execution and paying the sheriffs in Texas?
* for the writ and $* per sheriff that needs to go to the house
What is your plan if the costs associated with the writ of execution and paying the sheriffs exceed your current budget?
no steps yet but once we file, we will find a bond company and pay it, the submit a writ of execution and pay the sheriffs
we are currently saving and have saved most of the money for the court fees
What is your plan if the court does not rule in your favor?
file for an appeal
we can afford the writ indefinitely
file an appeal with the court
What grounds would you base your appeal on?
file for an appeal stating that we have every right to them
file for an appeal
that we have all the legal evidence needed to prove their ours, and that my grandma has committed a crime by taking them from us in the first place
What steps have you taken to gather all the legal evidence needed to prove the cats are yours?

In Texas, pets are considered personal property. If you have proof of ownership, you may have a legal claim. The nearest court is Rockwall County District Court, * E Yellowjacket Ln, Rockwall, TX *, USA.
i have a file of all their pictures of when we raided them, as well as a file explaining each cats story with us, what all happened the day we moved out, and pictures of all their records
raised them*
What is the nature of the verbal agreement you had with your grandmother regarding the cats?
i have files with all our evidence already
what do you mean by the nature
By "nature", I mean the specific terms or conditions of the verbal agreement you had with your grandmother about the cats. Can you elaborate on that?
we had an agreement that on july * our friend would bring them back to us because she was visiting , which goes with my grandma agreeing to us getting them a month kater
What proof do you have of this agreement? In general, written agreements are stronger in court than verbal ones.
we texted her mentioning the plan and she wouldn’t acknowledge it once we left
Do you have a copy of the text messages where you discussed the plan with your grandmother? These could serve as evidence of your agreement.
yes, as well as witnesses that heard the agreement
What are the names and contact information of the witnesses who heard the agreement?
there are three different people
stormie susan and chase