How Do I Get My Dog Back? Replevin
Replevin is a type of lawsuit, where claim is made against personal property that has been taken wrongfully, or unlawfully, as a means to get that property back. If your dog has been taken wrongfully, perhaps by a family member, or ex non-marital partner, it is possible to use the property status of your animal to obtain a judgment. Replevin is an effective civil remedy to get your dog back. However, if there is a dispute during a divorce, that is a different situation and handled in the divorce court, not in the relpevin court.
Anna Morrison-Ricordati practices civil litigation and animal law in Chicago, Illinois.
Handling all aspects of dispute resolution, Anna has represented individual and business clients in mediations, arbitrations, jury and bench trials, equitable remedies, and appeals.
She is a past Chair of the Illinois State Bar Association’s Animal Law Section Council (2010-2011), past Chair of the Chicago Bar Association’s Animal Law Committee (2012-2013), and Chair of the DuPage County Bar Association’s Animal Law Section (2014-2015)
A true benefit of this course of action, is that it is a faster process to get your dog back. There are two ways this can work out, by seeking immediate possession of the disputed property, or by requesting a hearing to decide the final rights. If you are seeking immediate return of your dog, a bond is required at double the value, to protect the defending party against wrongful action. This is a time for proper valuation of your animal, not simply what you think your dog is worth. It may be worth a million dollars to you, but are you prepared to finance a 2 million dollar bond?
Establishing ownership is primary in these proceedings. Providing the court with purchase, or adoption papers, veterinary records, licenses, or microchip registration are popular ways to prove ownership of an animal. Another important thing to consider is the well-fare of your dog.
Replevin can be given with, or without notice to the defendant. You can request immediate possession if the disputed animal has been threatened and is in harms way, or the defendant might flee with the animal. In these cases, the replevin court can issue a judgment for you to take immediate possession of the animal without prior notice to the defendant.
Replevin is a solid tactic in getting your dog, or animal back. Check out the full CLE class clip by Anna Morrison-Ricordati, for the full story.