Ornate nile monitor help

Quote:

---

Originally Posted by bcr229

:rolleyes:
No. The monitor does not belong to the OP even if the prior owner is a homeless deadbeat.

---

i appreciate the correction. i get caught-up emotionally in these types of stories; can't say i'm as objective as you can be. :)

Hence me stating that it would come down to the judges ruling on it, and my follow up stating that the OP should document everything they can to build a stroner legal defense.

It's really easy to get caught up in this, but the legal fees just to defend against charges brought up could be pretty daunting.

Whether or not the OP legally owns the monitor lizard comes down to the relevant state laws. There's no way to state definitively without knowing their location. In some locations it may also come down to precedent. Regardless of the location the OP has a strong case. The certified letter would make it significantly stronger.

BUT - how are you going to send a certified letter to a van??? Lol.

Rehoming is what's best for the animal and you'd be very likely to win if your friend wanted to take it up in court, but only a lawyer who has studied the relevant law and case law can tell you for sure.

You guys are being completely awesome. I don't have images of what his enclosure was prior to the one he has now, but my current roommates can actually vouch for their lack of care if it came down to it. And I currently live in Kansas. I have looked into pet abandonment. If need be I can actually wait until they are gone to canada for those few months. after a month of no contact with the animal. they have to be physically present and see him. after a single month he is legally mine.

I like the idea of giving them 2 weeks to find someone else to watch him, but I want to add that it has to be someone I approve of. I am emotionally invested in this lizard. would something like that be alright?

No. The statement that he must collect or rehome the lizard is legally binding. Avoid subjective statements.

Also where I am this kind of thing is something to take up with the magistrate, they would either issue or approve the issuing of the statement. If you go that route you have an extremely solid legal foothold. I'd highly recommend calling your local magistrate about this issue. They may charge you a rate to go before them with it, but it would be you going about it in the "correct" way. At least that's how it would work over here in PA

I don't wnat this to cost me anymore than it would. but I also want to make sure that he has a good home....what I might wind up doing is telling them that I cannot care for him anymore and they can find a professional to watch him. it would cost them and they might give him up on their own.

Since you didn't have a contract when they left you can't do it back to November, but you could also tell them they will need to start paying for food/bedding/etc. starting now - I'm sure monitors are not cheap to feed. If the old roommates balk then suggest they just give you the monitor and call it even, at which point you'll be free to rehome it.

My issue is these people seem like the type to want to say they have a pet monitor but not put the work in ( I don't know them, just from the way you've portrayed them seems this way to me) so asking them to give you the lizard might make it come down to a situation were they just take it and give it to someone else who will take even worse care of it. If need be get a magistrate involved as suggested above. If your pet abandonment laws and the magistrate are in your favor THEN they may give the animal up. Probably the best way to go about this.

I don't know the legalities so I'm not going to comment on it.
I just wanted to say to the OP: I'm sure this situation is giving you plenty of headaches, so good on you for trying to make this right for the animal!!:gj:
I hope everything works out for you and the lizard, good luck!