Expert: Lee Meyer - 7/25/2008

Question
My fiancee brought a dog into my home in January 08 he since then has up and left but left behind his dog.  I for 1 month have fed the dog took care of it and tried to find it a good home.  The shelter he got the dog from was willing to take her back and all we wanted to do is have the local SPCA hold the dog till they could get her.  I had a big dealing with the SPCA they were rude, nasty and making this my problem well they finally told me they would take the dog after I sent an e-mail showing them the paperwork that the dog was not mine.  They made me surrender her in my name because the dog owner was not there gave me an earful while I was there.  I get home and get a call now telling me because the dog was in my home I am the owner and are summoning me to court for failure to provide vet care.  They are not charging him with abandonment and it is not my dog so any vet care info is in his name.  I am so upset I tried to do the right thing for a whole month and now am being tormented by the SPCA.  Please help with any info you can provide.

Answer
Hi Michelle,

wow, I am sorry to hear you are dealing with such a problem.  

Your first mistake was involving the SPCA and just dealt strictly with the shelter.  Hindsight, don't get any more people involved than absolutely necessary.  I would not have given the dog to the SPCA at all, just the shelter - especially since they said they would take him back.

The best thing to do is get organized, get your documents and such in order showing the paperwork about the dog being his, the vet care being in his name, etc, bring it all to the court.

The SPCA may not have listened to you, but the judge will.  You were being responsible, the guy who's dog it was abandoned the dog.  You manned up and took responsibility for the dog he adopted then abandoned, and were working with the shelter who said they would take him back.  The SPCA is harassing the wrong person.

The deal is not to get upset at the SPCA or lose it in court.  You just need to present your evidence to the judge and show him/her you were being responsible, you assumed responsibility for a dog you didn't even adopt, SPCA is attempting to paint you as neglectful when you are the only one that was trying to take care of the dog and were in process of making arrangements to get him back to the shelter.  If you have any extenuating reasons why you couldn't take care of the dog make sure to point these out to the judge.

Your best bet is to make your case before the judge.  Stay on theme.  Never technically was your dog.  Owner abandoned dog.  You took responsibility as long as you could.  Were making arrangements to get dog back to the shelter.  You did care about what happened to the dog.  You didn't abandon him.  You stayed, took care of him.  You weren't the one that bailed on the dog.

Hopefully that will end things, the judge will see you are not the negligent person the SPCA wants to portray you as.  They may not have cared to actually listen to you and what the facts were surrounding this, because they are somewhat blinded, apparently, but the judge will.  Be cool, don't lose it, be calm, be organized, rehearse what you will say, anticipate some of the things SPCA might say and have an answer ready to go if you have rebuttal time.  Dress neatly.  Don't appear nervous or fidgety.  You may want to avoid chocolate or caffeine if they make you jumpy.  

Write back anytime, if you have more specific questions or whatever.