Can I get into trouble for keeping someone's cat?

furmama717 · Apr 13, 2020

My aunt and uncle were moving out of their home and they were going to abandon my cousins cat by just leaving it there at the house with no one around. I reached out to my cousin and told him about it so he asked me to keep the cat for him until he finds his own place that would allow pets. One month had passed and I reached out to him to come pick up his cat and he refused each time. Once he said his wife was on the way over to pick up the cat and she never showed up. A few more months passed and he finally reached out and he was ready to take the cat back. By this time I already became attached to the cat and lied and said I gave him away. 2 years has passed and he just found out that I still have the cat. He is threatening to get the cops involved if I don't return it and is adamant that I stole the cat. Is it technically stealing if he refused to pick the cat up after I told him too? I also have a lump sum of vet bills showing that I took him. When I got him, he had cancer and FIV. Does this show that he was neglected? What are my chances of getting to keep him if the cops get involved?

Willowy · Apr 13, 2020

Cats are considered personal property, so it's a civil matter at this point. in most states, if you're caring for an animal for a certain amount of time, and the owner doesn't give you money or come get the pet when you ask them to, the pet is yours. But because you told him you gave the cat away, I'm not sure if that changes anything. So I don't know how a lawsuit would turn out under these circumstances.

Have you offered to buy the cat from him? I know it's grating to give money to someone who neglected his cat but it's often the easiest way to make the problem go away.

Kieka · Apr 13, 2020

Depends on your state and local laws.

Pets are considered property generally speaking and there usually are laws regarding abandonment and care. At this point, I'd say it depends on how far you are willing to take it (ie, does the cat matter more then your relationship with him) and your local laws.

Personally, I would let him call the cops. You explain that you were watching the cat for him and he abandoned it with you for several months. You kept the cat as abandoned property at that point and don't feel you are obligated to return it (leave out the lying to him about rehome or that you did consider it rehomed just with yourself). But chances are the cops will say it is a civil matter and he will have to take you to civil court to resolve it. Police aren't going to waste their time hashing out a civil case unless he can prove you stole the cat from him recently.

If he actually follows through and takes you to civil court.... You can use your vet records and food purchases to show you are the legal owner and caregiver of the cat. If the cousin wasn't living with his aunt and uncle and didn't have the cat microchip registered he'd have a weak case that there was ownership to begin with. If he has proof of ownership, then you still have a case for abandonment since you tried several times to return the cat. At worst case, you can probably ask for reimbursement of care since you've been caring for the cat at his request for at least the first several months.

But this is all in my non-lawyer opinion and I have no knowledge of your local laws that would apply. If he does take you to civil court you would be best off getting a lawyer to ensure the outcome you want. Chances are, if the police are called and they say it is a civil matter it won't go further. But you would definitely ruin any relationship with your cousin for the future. I have cousins who disowned the entire family over a car so it happens and thats the real risk if you don't return the cat.

.... but I wouldn't return the cat myself unless the court ordered it. If he didn't care about getting the cat back for several months and flaked out the one time he said he would, I wouldn't feel comfortable. He already abandoned the cat with his parents at one point for some reason and could again.

As I see it, he abandoned it with his parents who then abandoned it again. You took it in and offered to return it to your cousin for several months. He never came and you kept it. The only wrong was saying you rehomed it, but again that could be you did rehome it just with yourself. If he wasn't mad you rehomed it, I see no reason why he should be mad that you rehomed it to yourself. But this is not legal advice just my feelings and you should consult an actual lawyer for legal advice.

fionasmom · Apr 13, 2020

I absolutely agree with both responses. The police are not going to jump into this because they have a lot more to do, especially right now, than deal with who owns a cat. Once they do inform you that it is a civil matter, I see everything being on your side.

I once rescued a large dog from a public park, got into it with the AC from the area who did ultimately let me take the dog but wrote out a citation for several animal offences like no license, just to be idiots. I ended up in criminal court. I brought with me all documentation of what had happened to the dog,( it got a home) all efforts I had made to secure a home for it, etc. The judge was furious that AC had done that to me and threw the whole thing out of court. His exact words were "you mean to tell me that you took a large breed dog off of AC's hands and this is what they did to you?" and then proceeded to throw all their paperwork across the courtroom floor.

di and bob · Apr 13, 2020

You have had the cat over two years, you repeatedly asked him to get the cat and he never did. He is being petty now, the cat has grown to love you, and you love him also. Unless he has papers and has the cat chipped, how could he prove the cat was his? I would show the police your vet records for as far back as you have (if they even intervene) and tell them you want to be repaid and paid for boarding the cat, IF he can prove the cat is his. I wouldn't lose one minute's sleep over possibly making him mad, I'm sorry he is your relation, but he is a loser......