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Know The Laws?

L

leupanthia

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I need some help and the "officials" I've talked to haven't helped.I live in Montana and I need to know if a bearded dragon, when abandoned, is considered a pet or property. I was supposed to care for this thing for a little over a month, and I've had it for eight as of now. The woman who left it wont come get it and I can't get ahold of her now. At what point does the lizard become mine? I want to keep her, have grown rather attatched, but don't want to have to give her up in the future or replace her if something happens. Under the circumstances I think I have the right to keep or get rid of the lizard as I see fit, but I figure I better see what the laws are. Only I can't find any!!! Can anyone help?
 
Hi

My name Is Kristy, I live in Coeurdalene Idaho, I searched and found something for you. What I would do is I would call her find out if she wants the animal, if she sayd no tell her you will keep it, make sure you have her write down that she has given it to you. Have her sign it in front of a notary.
Here is what I found. I will post the link to this page for you also. I believe it is considered property if it costs more than 10 dollars. Hope this helps you.

70-5-103. Duty to inform owner when known

If any person finds any money, goods, things in action, or other personal property or saves any domestic animal from drowning or starvation when the property is of a value of $10 or more and he knows or suspects who the owner is, he must use reasonable diligence to inform the owner thereof and make restitution without compensation, further than a reasonable charge for saving and taking care thereof. If he fails to do so, he is liable in damages to the owner and has no claim to any reward offered by the owner for the recovery of the thing or to any compensation for his trouble or expenses.

http://www.animallaw.info/statutes/stusmtst70_5_101_107.htm
 
That's great, except I can't get ahold of her any more. She moved and changed her number again, and I have no idea how to find her now since she doesn't live near the same city I do. I have told her in the past that I would not keep this lizard for her for free until she just decided to show up. I have no way of getting it back to her and she kept saying she wanted it back. We set dates for her to come get it and I wouldn't hear from her until a month or two after that meeting was supposed to take place! Then she would be like "oh, something came up and I never got your messages, but we can meet in two weeks"! This has gone on since August. I haven't heard from her since mid-December now and I'm tired of these games of hers. I have tried to get it back to her repeatedly, but there isn't a lot I can do when I no longer have her number and the address she gave me is invalid. I thank you for your help, but I'm not sure that applies to my situation since I consented to take care of the lizard for a determined amount of time. You know? At least now I know there is something out there about this, I just haven't found it yet. Thank you for giving me a better place to look for the info I need! Any more help would sure be appreciated.
 
if she is playing games....

I wouldn't even worry about it anymore, If you cant get a hold of her and she hasn't contacted you I would say keep the animal and wait to see if she contacts you. I would keep everything documented that has happened, like right it all down. With exact dates and times if you can. Then if in the future if she wants it back let her take you to small claims court and show proof of all the money you have put out for the animal and the time you have spent on caring for the animal. Either she will have to reimburse you for that or you keep the animal. She obviously abandoned the animal, so I think if she tried to take you to court she would lose. My Dad is an attorney and I will ask him where I can find these laws for you. I am speaking from experience when I say i know how frustrating it can be. So give me a day or two and I will see what I can find.
Kristy
 
Thanks! I wonder if the laws are different for exotic pets though. I just want to make sure I have my bases covered if this ever becomes a court issue in the future. I have documented when we did talk and the general conversation we had. I have also documented all the money I've put into this animal so far. I just like to know exactly what I'd be getting into if and when she shows up in the future, you know? With the way people are today, I'd rather have all the info gathered and not need it than be totally unprepared and not know what the laws say. This has been very useful info and I thank you again!:)
 
The beardie is yours. If the person did return to claim it, you could either give it back, or tell her to "flake off". If you decided to keep it, she would have to sue you in small claims court. And she would almost certainly lose, under the circumstances you describe.
 
That's what people have told me, but I just wanted to be sure. Considering it's an exotic pet I didn't know if the laws would be different or not. From what I've been able to find it doesn't matter if it is considered pet or property at this point it's still abandoned.
 
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