Giveback's A Bitch

Dear Dog Lady,

I hope that you may be able to help me. I gave my dog to someone a couple of days ago. When she got the dog, we agreed that if I wanted the dog back she would bring her home. After about 24 hours, I realized how big of a mistake that I made. I miss my dog terribly and now she is refusing to give the dog back. Is this kind of verbal contract legally binding?

Shaun, Bronx, NY

Shaun, you didn’t sign anything so the contract might be legally binding, but not worth the paper it's not written on. Unfortunately, conventional wisdom holds that possession is nine-tenths of the law. You acted precipitously when you gave away your dog without thinking through the dramatic gesture and considering all the consequences. Dogs are not curios at a swap meet.

You can appeal to the woman’s good nature. Admit you made an awful mistake and tell her how much you miss your dog. You could also negotiate a monetary payment as reimbursement for any expenses the woman put out of pocket to care for the dog. Offer to accompany the woman to the local animal shelter where she can pick out a pet of her own. Try all this and see if she bends.

Otherwise, go on “Judge Judy” and duke it out. Razor-lipped Judy will pull no punches and tell you how bone-headed it was to give away your dog in the first place.

Posted by Dog Lady at October 20, 2005 07:09 PM