What to Do if You Found a Pet, Kept It, and Its Original Owner Wants It Back?
EducationWhat to Do if You Found a Pet, Kept It, and Its Original Owner Wants It Back?
People, and kids, often find 'stray' pets and they want to keep them. Typically laws are in place and may vary from area to area, so the first thing anyone who finds an pets needs to to is to become familiar with local area laws.
Finding a Lost, or Stray Pet - What Should Happen...
A person who finds a lost pet must call whomever deals with lost and stray pets in an area. Often this is an SPCA or city pound. A local veterinarian will know who deals with these animals. A person should file a FOUND PET report.
Ideally the found pet can be taken to the shelter for a check for identification (tattoo, microchip), and accurate description (people often describe pets differently). The found animal may be left at the animal shelter or be taken home with the finder. Depending on the local laws a person may be required to wait 2 weeks or more before they are considered the legal owner of any pet they find, but again this is only if they have reported finding the animal correctly and nobody has come forward to claim it.
It may be far easier in the long run for a person to leave the found pet in the care of the shelter. In this way if it is unclaimed the finder can request first option to adopt it. At the point where the animal becomes legal property of the shelter they would then have the finder apply for adoption, pay the appropriate fees and accept the title of ownership of that pet.
Since the shelter assumed legal responsibility for the pet, it was theirs to adopt out, and the name and information of the person who got the pet is private and would not be given out to a person who later comes forward to state that they were the owner. As such if you found a pet, took it to the shelter but left your name and number as being willing to adopt it back if unclaimed, and an owner later comes forward (after you adopted the pet) in most cases in the eyes of the law, it would be YOUR pet to keep!
When Proper Steps are Not Taken
It is VERY IMPORTANT to note that if a person keeps a pet they did not report finding - this is often considered theft. The original owner of the pet may charge the finder with theft, even if the pet is returned. For this reason it is very important to call around when a pet is found and be sure to report it correctly.
If you find a pet, and give it away, unless you reported finding it to the local animal shelter, this could create legal problems should an owner come forward. As well if you give it away before the "waiting period" you may face legal problems because the pet was not legally yours to give away.
In general if you find a pet and do not report finding it, and wait the appropriate amount of time (according to species, and area) if an owner comes forth, wanting their pet back, it must be returned to them.
Other Cases
Every case is different. If a person found an animal, let us say a turtle, they reported finding it, and cared for it for weeks, and invested money in it, now 4 weeks later the original owner comes forward and wants their pet back. Technically the finder is now the owner, they did everything correct in reporting finding the animal. But since it is such an unusual pet for a person to have been missing, the original owner might not have known that there are places to call when a pet has gone missing. In most cases it may be said that “ignorance is no excuse” but to avoid a legal battle if things can be worked out privately that might be best.
If the original owner is willing to reimburse the finder for all their expenses then the pet should be returned to its owner. Alternatively if the original owner sees that the person who found the pet is providing an excellent home for the pet and wants to keep it, they should realize they were in error for not only letting it out but for neglecting to report it missing.
Such an easy solution may not always be possible. This is where local area laws come into play. Claims for pet ownership can go to small claims court. Proof of filing a lost, or found, report may be used as evidence in the case where one person has lost a pet and other has found it.
Related Links
What to do if your Child brings home an animal and asks if they can keep it