HOW TO RECOVER A DOG: GET A WRIT OF POSSESSION
Quick Summary: Hiring a Creditor Rights Attorney to Seek a Write of Possession on a Dog, is expensive so that dog better be worth it.
The life of a Moreno Valley Attorney is always intense. Lol. Today, I got a call that makes me put on my Creditor’s Rights Attorney hat.
A prospective client contacted me and presented a common scenario. He broke up with his girl friend, and she took the dog. (Maybe out of spite), that he claims was his not hers. There is also an allegation of money owed (in this case below the small claims threshold, which as an Attorney bothers me because parties can’t be represented by Attorneys in small claims court). Obviously he can sue for damages in small claims court (if the total value of everything, including dog is under $12,000) but he wants actual specific dog back. But how?
This where the Attorney comes back in. First step file a lawsuit in limited jurisdiction (that’s the next step up from Small Claims up to $35,000) Unless the dog is financially worth a lot, like Prize Breeding or Show Dog or Service Animal, in which case the Attorney could justify filing in regular Court.
The lawsuit will be fairly straight forward: you owe me money, you also stole my dog, and I want him back. File that with the Court.
The Creditor Rights attorney also files the application for writ of possession with the Complaint, and tries to get a court hearing as soon as the court will grant him one. The application has to be more detailed, because you haven’t got a judgment yet, but needs to prove preemptively that the Creditor is entitled to the personal property. Creditor gives notice to the defendant of the hearing. And basically there is an evidenciary hearing 30 or so days in the future where Claimant and Respondent gets to make their case that the dog (or any other personal property) should be returned to them or not.
After the hearing, if the Court agrees with the Creditor/Claimant, and issues an order. For the return of the dog, and more specifically a writ of possession for the dog.
(Creditor can also ask for an Exparte Hearing, which adds another wrinkle to the process.)
If the Writ of Possession is granted then the Creditor can go to the sheriff to have the sheriff seize the dog (if necessary).
After this done, the claim for the unpaid money still remains to be litigated in the future. If the creditor also gets a money judgment and debtor refuses to pay, to collect the money judgment the creditor will try to collect by levying on banks, garnishing wages, and putting liens on real property.
Ok, so what should this cost. As an Attorney, its all the same amount of work, whether its a $50 mutt or a $50,000 prize dog. But this is what I think the work should cost. Other Attorneys will have different views. On the phone the client wants a flat rate, and seemed pretty price conscious, so lets do some Limited Scope Representation.
- Open File, Consult with Client to get information $500
- Draft Complaint (Basic 2 Causes of Action) In Pro Per $750
- Prepare Summons $125
- Prepare Misc Filing Paperwork $150
- Prepare Limited Scope Appearance Notice $125
- Court Filing Fee (Limited Jurisdiction) $370
- E-File with the Court $25
- Prepare Application for Writ of Possession $500
- Court Application Fee $60
- Creating Writ of Possession $150
- Appear at Court for Hearing (in Person, Rancho Cucamonga) $1125
- Fee for Issuing Writ of Possession $40
- Instructions to the Sheriff $125
- Sheriff’s Fee for Levy $2,000
- Delivering Instructions and Writ to Sheriff $100
- Prepare Application to Be Relieved as Attorney on Completion of Limited Scope Representation $125
Client wants a Flat rate, so lets add about 25% for a contingency allowance. Flat Rate: $7827.50.
Its lot of paperwork where I as the Attorney do a lot of project manager. Some risk, Attorney gets paid for the Attempt, no guarantees. And the sheriff is expensive. Holy moly $2000. But hey/ who can put a price on love for a dog. (I can it s $$7827.50.)
So, pragmatically, i don’t think its worth doing for your run of the mill pound rescue. but if you have a prize show dog breeder, that’s ,might be worth doing. And of course, the dog is a stand in for any other personal property. Jewelry, a Vehicle, a fine antique, a valuable collectible, etc.
So, if you are looking to recover personal property wrongfully held by another, and you are looking for a creditor rights attorney to help you do it, then I can be that attorney. Feel free to reach out.
#writ of possession, #creditorrightsattorney