Is your Pet still Personal Property?
We had previously reported a story about a couple who had left their Maltese with a veterinarian and found that it had been turned over to animal service.
The couple has now advised the Naples Daily News, that they have secured the return of the dog.
In an interview with a reporter from the paper last month, Nancy Hamerling stated that she took her dog Jake to the vet because she had recently moved and was late in getting a rabies shot for Jake. She left her dog after an employee of a local animal clinic said that she would call Ms. Hamerling when Jake was ready.
When Nancy and her husband Robert went to retrieve the dog, they were advised that it had been put up for adoption.
Although the final ending of this story has not yet been written, the local Domestic Animal Services notified the Hamerlings that they had received the dog from another party and Jake was returned home.
It is interesting to note that the Hamerlings had pursued a legal action for a “writ of replevin” for the return of the dog.
A writ of replevin is a prejudgment process ordering the seizure or attachment of an alleged illegal taking or wrongfully withheld property, goods or chattle (any kind of personal property).
The action of replevin dates all the way back to the common laws of old England and was first used in the thirteenth century. This type of writ is commonly used to take property from an individual wrongfully in possession of that specific property and return it to its rightful owner.
We have discussed on many occasions the evolution of the status of pets and companion animals. They originally were clearly identified as the “personal property” of their owners in the eyes of the Court. But now, in most circumstances, they have been elevated to a higher position.
However, at least with this particular scenario of facts, the attorney for the owners determined that it was necessary to file an action to demand the return of “personal property” if a pet has been wrongfully taken or detained.
There was no other legal remedy available.
