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LaurenAshley82

Need help, ex owes me $10K & has possession of my animals

12 posts in this topic

Hello,

 

My ex and I resided in Raleigh, NC for about 15 months.  He is still living there, while I moved with our 4 month old daughter at the time end of May of this year.  We are now in a custody battle over our daughter, and because we left so abruptly I could not take my animals.  I brought 2 cats into the relationship, and “we” acquired 2 dogs.  I think he will have no problem handing over my 2 cats, but I also want both dogs as well.  He has told many people that they are his because I abandoned them.  My daughter and I were no longer safe with him and we left one night he was at work.  I have the bill of sale for the 2 dogs and vet bills/shots that I have paid for.  During my entire pregnancy, he was out of work (when we got these 2 dogs) so he was the one to take them to the vet, and to be spayed.  I didn’t know this at the time, but he didn’t put my name anywhere on the vet or microchip paperwork for them, ONLY HIS.  

 

We we were never married, so it makes it harder it seems.  I’m heartbroken over the thought that I might not get these animals or ever see them again.  Is there anything I can do, besides trying to take him to small claims court???????

 

thank you,

Lauren

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6 minutes ago, LaurenAshley82 said:

 Is there anything I can do, besides trying to take him to small claims court?

Probably not.  The suit would be for specific property, either detinue or replevin according to local practice.

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My name is still on the lease, where he is and I am still paying half of the rent.....he has changed the locks, which violates the lease agreement and the complex obviously doesn’t know.  Also, he has put up cameras outside of the apartment, that alerts his phone.  

 

I am scheduled to go back to NC for the custody hearing end of September, and I hope to regain possession of my cats, the dogs, my car and some other things I had to leave behind.  IF this can be done without him being home, I would hire a private locksmith (with permission of the complex) and take what I can, including the 4 pets.... “get in, and get out” 

 

Would any of this be illegal?

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21 hours ago, LaurenAshley82 said:

Is there anything I can do, besides trying to take him to small claims court?

 

Probably not, unless you still have the right to enter the premises where you lived together, in which case it might be possible to "break in" and take the animals.  Of course, if he wants the dogs, then he might sue you for them, and he might win.

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On 8/11/2018 at 9:47 AM, knort4 said:

Why not bring up the issue of who should get the dogs during the custody hearing?

 

Because the family court judge isn't going to care about the division of property between a non-married couple.

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1 hour ago, LaurenAshley82 said:

Are you sure that they won’t?


They?

 

I obviously have no personal insight as to what some judge in North Carolina who is unknown to me might find interesting.  However, the division of property between a non-married couple should not be of any concern to a judge whose job it is to decide matters concerning custody and support of and visitation with the couple's minor child.  You're obviously free to raise whatever issues you want, but a family court judge should be no more concerned with who gets your pets than he/she is with who gets the toaster or the TV.

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While it’s sad that a family pet who I cherish and miss everyday is being compared to a tv or a toaster..... I see what you’re saying.  It’s so unfortunate!!!!!  These animals cannot be replaced, but the focus is my daughter!  I understand that.  Idk..... I hope SOMETHING other than small claims can be done.  I really do.  Thank you to everyone who has taken time to respond!  I’ll welcome any suggestions or ideas on this topic!!!!! :)

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