When Rescue Goes Wrong

So the judge can decide to hold a hearing, or award ownership without a hearing, correct? I guess it depends on if the judge thinks enough information has been provided? Do we have an estimated timeline on how long this should take?
 
Someone suggested it would be a week. Depends on his docket, the documents, proof etc. I sure hope it's over soon.

And I believe you are correct. He can say the rescue legally is the owner. He can hold a hearing to decide which side wins. He can out and out say Veronica is the owner and to have Piper returned. It makes me wonder what his thoughts are when he ordered Piper returned in five days or to put up the bond.
 
I'm reading through the Ohio Replevin laws, and that's just how it works.
And I'm not a lawyer, this is just how I'm interpreting it.

Remember, Movant = Veronica, Respondent= Penny/COSR

http://codes.ohio.gov/orc/2737

Veronica and her attorney filed a Motion and affidavit for order of possession of property. This is a document that describes the property (Piper) and the approximate value, the specific interest of the movant in this property (why she wants Piper back), How Penny/COSR came into possession of Piper, How Penny/COSR has used the property (I have no idea?), the extent of any damages, if any (such as if Piper were to be spayed or harmed), best knowledge of the location of Piper, and that the property wasn't taken for other legal reasons that don't apply in this case. The order of possession doesn't become effective until a bond is filed for twice the approximate value, or cash is deposited with the court for twice the approximate value. This is the $10,000 Veronica paid.

Then they sent the respondent (Penny/COSR) a notice of motion for an order of possession. After that, the respondent has 5 business days to deliver a written request for a hearing or file a bond matching the amount of the Movant ($10,000 in this case).
 
That's the way I understand too. Penny only had to put up $200 as she used a bond company to put up the money.

It is just so sad and frustrating for them.
 
Emmasmom said:
That's the way I understand too. Penny only had to put up $200 as she used a bond company to put up the money.

It is just so sad and frustrating for them.
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But Legally, Veronica had the option of posting bond as well, which could have been a fraction of the $10,000 just like Penny. I'm not sure why she didn't.
 
God. And no one has thought to demand the dog be placed in a neutral custody? Perhaps the judge's or baliff's house?
 
Mom2Melli said:
God. And no one has thought to demand the dog be placed in a neutral custody? Perhaps the judge's or baliff's house?
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There might not be anything that legally allows for that to happen, especially since Penny/COSR placed the bond. It's one of the unfortunate downside of pets being considered property. And maybe that's something that needs to be added to the law, if it doesn't already exist. In circumstances where the property in question is an animal such as a pet, livestock, etc., it should be placed with a neutral party to ensure the safety of the animal. But then again, that's an added liability for the neutral party. What if the animal is injured or dies under the care of the neutral party? The "loser" of the case is responsible for paying damages, but is it really fair. If I were the loser, I would be like, "Hey, the animal was healthy/alive under my care. I'm not responsible." That's the only problem I can see. At the bare minimum, I think Piper (or any animal involved in a property dispute) needs to be evaluated by a vet to make sure the dog is in good health and being cared for.

Since Piper is a dog, a living animal, it would make sense to put her in neutral custody. But if we were talking about property like a car, I think you would see it a bit differently. Pretend that car was a family's only form of transportation and a lender is going through the replevin process to get the car back because they missed a payment. Say the car is worth $1000, so the lender posts a bond of $2000. The family can either give the car up and wait until the outcome of the trail, or they can also post a $2000 bond to keep the car until the trial. If the family wins, they get to keep the car and get their $2,000 bond back. If the lender wins, they can either take the car back, or take the $2,000 bond the family posted as a form of payment. It's the lenders decision.
 
The car should at least be presented to make sure it is safe and in good condition. In this case, the car should be installed with LoJack tracking so it can be found at all times, just in case.
 
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