Found stray cat with microchip - legal questions

[daryl the cat]

Kind of a long story...

My neighbor's cat is missing and I've been setting a live trap to hopefully catch it. I caught a different cat instead. This was during some really nasty weather. He was emaciated and beat up, so he's been out there awhile. My neighbor, feeling responsible, took him to be scanned and said he would "take care of it." He told me later the cat was not chipped and he would drop it off at the shelter. I told him he has enough to deal with since his cat is still missing, and I would handle it, so I took the cat back. I fed him (he was starving) and set him up in my laundry room. I have 2 other pets. I searched the local lost pet sites and didn't find any listings fitting his description. Meanwhile, I fell in love with this sweet cat.

I then made a vet appt to get him checked out. They scanned the cat and told me he has a chip! I was shocked and heartbroken. They contacted the owner on record. The owner said she no longer has the cat. She gave it to her ex-husband. They supposedly gave the ex my phone number to call me. This was over a day ago, and so far I haven't received any calls.

Now for my legal questions. I guess this varies by state, but how long should I wait for a phone call? The vet office told me 4-7 days. I've had the cat 4 days now, but the owner was only notified 24 hrs ago. So when does the countdown start? I even went back to the vet yesterday late afternoon to ask for their number so I could call them myself. Do they want the cat back or not? Maybe the ex never got the message. They wouldn't give it to me. They told me I've done my due diligence and have been caring for the cat, so if I don't hear back in a day or two, the cat is mine. Legal?

If the owner never calls me, then how do I become the cat's legal owner when it's still carrying around this chip with the previous owner's info? Can I change the info to my name or have the chip removed? Or does the initiator have to do this? I'd always feel like I'm keeping this cat illegally. If he got lost again and was scanned, the chip would still have the old owner's info. (He'd be a strictly indoor cat, but just saying.)

Thoughts? Has anyone else had this happen?

 

[fionasmom]

michigan law about lost pets - Google Search
It sounds like 7 days, given that a microchip is considered identification.

Do you know the microchip company? Often it is HomeAgain, at least out here. Usually microchip companies require that the owner transfer the information; however, at the end of 7 days you might see if the vet will remicrochip the cat and register it to you. Microchips can be removed; it is a small surgical procedure and the vet is able to locate the placement of a microchip by using his scanner. I personally own a scanner and know that this is true, even if the chip has migrated.

If you do get the phone call from the husband, you might offer to buy the cat from him. Money often talks in these situations.

 

[artiemom]

Wow.. I am so grateful you took this baby in. I mean it, such a kind thing to do..

Now, on to your dilemma. I do not have a legal answer.. just one from my heart. The Vet has contacted the previous owner--the woman.
The way I see it: You have one of 2 things to do. You can wait the 7 days, and then claim him as yours, regardless of his being chipped. Just get a new chip for him, updated with your information.
OR
You can ask the Vet to call the former owner, and ask for her ex's telephone number. That is IF you vet would be willing to do so... The ex-wife may just be withholding the information due to retaliation towards her ex husband. Either you or the Vet could call the ex husband, that is provided she gives the correct information. She obviously does not want the cat.

But I think this is just a crap shoot. I think your best bet, since you have been searching for lost and found cats, is to just keep him as your own. If it were me, I would be hedging towards keeping him for yourself. You do not even know if the guy is still in state or even wants him. It could have been a nasty divorce and the cat may have been caught in the middle..

So enjoy your new baby.. with a new microchip... and let it be....
((Hugs)))

 

[daryl the cat]

Thank you both! This is helpful and comforting. Good to know that the vet can re-microchip him and remove the other chip. I don't know the name of the microchip company. I went back to the vet to get this info, but the owner didn't seem willing to get in the middle of it. He basically said, "you did all you could and we have it documented that you came back a second time." Meaning, let it go and just see if they call. Which so far they have not.

I agree there is probably some divorce drama going on. As far as I'm concerned, the chip was registered to the wife. The vet office spoke to her in person, so she was notified. Whether the ex gets the message or not is not my problem.

I will wait the 7 days and get this little guy back to the vet. They wouldn't do any treatments on him after finding him chipped, so he hasn't been wormed or anything. I'm keeping him separated from my other cat. Although I assume he's been vaccinated if he's been neutered and chipped? He's the sweetest little cat I've ever seen. He literally hugs me and cuddles in my lap and lets me rub his belly. My other cat is not too happy, but that will be for another topic.

 

[artiemom]

It was meant to be!! ((Hugs)).

 

[fionasmom]

Another approach that you might take is that at the end of seven days, and under Michigan law, the cat has not been claimed by the previous owner. Therefore can the existing microchip simply be reassigned to you? There should be some paperwork that verifies this so that you know it is not simply a phone transaction, but it would certainly save you going through any procedures. You were raising some very good points also about the fact that the cat legally belongs to the wife and the fact that she gave it to the husband is simply hearsay. Likewise, she has released her ownership of the cat by her own admission.

 

[daryl the cat]

Happy update!

Today I got a message from the mother of the wife. She said that I had her daughter's cat. She understood from talking to the vet tech that I would be interested in keeping him and she wanted to discuss that with me. I called her right back. It's a convoluted story. In a nutshell, the daughter has a new boyfriend who has a dog and they don't get along, so the daughter can't bring the cat back into the house. The cat has been driving her nuts anyway and she's always letting him outside. He's been missing a month and they live very close to me. Nothing was said about the ex-husband, so not sure what that was all about.

The mother just wants to know the cat has a good home. I told her I already love him and he will be spoiled and kept indoors. I asked if she was giving him to me and she said yes. She wanted to know if her daughter and kids could stop by next week to see the cat one last time. I said OK but reiterated that she was giving the cat to me, making sure the daughter wouldn't change her mind when she saw him. She said her daughter can't take him anyway, and yes, she is giving the cat to me.

Is that official enough, or should I get something in writing?

So relieved and happy! Here's a pic of my sweetie. Oh, and she said his name is Bill, lol. My other cat's name is Daryl so we laughed over that. (I didn't name him. The vet office that rescued him were fans of the Walking Dead.)

 

[artiemom]

I do not know. It sounds crazy to me. Having the woman's mother call you??? really weird.
Why did't the woman tell you all of this? Without any mention of the EX-husband.... weird.

The part about the 'mother' giving YOU permission to keep the cat-- just does not sound right. My 'antenna" just came up when I read that. And the part about a 'last visit'. Nope. I know you are trying to be nice, and charitable, but it just does not sit right with me.

I would have said, 'No" to the last visit. I would not want any of them, to know my address. If you feel it is necessary for a 'last visit'; then arrange for it to be done in your Vet's office, or at the police station; In full sight, so nothing can be misconstrued. Make things clear And do NOT take the ct home immediately, after this meeting. You do not want anyone to follow you home.

It is just be, being very careful of a very strange situation.

And Never allow your cat outside. The problem is; they can always change their minds. I do not trust people, especially in a situation such as this.

Yes, I would have all parties sign a release form, and have a credible witness to sign it also.. Vet would be good.

Sweet kitty... keep him and yourself safe.....Immediately microchip him. AT the same time as the "last Visit". You have to cover all your bases.

Good Luck!!

 

[fionasmom]

I have to agree with artiemom . We are not there, and not in the situation with you, so this may be all on the level; however............

All it will take is one of the kids to start with crying and insisting that they want their cat back, for one thing.

They do know where you live now.

I would at least try to reroute this to the vet's office. Make up a reason that meeting at your house is not going to work, like it is being fumigated, if you are not comfortable telling them that you just would feel better elsewhere.
It is possible, maybe, that the microchip information could be transferred to you from the wife, but there has to be communication with the microchip company, also possibly better handled at the vet's. While you have the wife there, it could resolve the ownership question without going into removing a chip, etc.
Someone wants to say good bye to a cat who has been missing for a month and was found in miserable condition?

I also recommend using an adoption contract.
Adoption Contract
adoption contract for cats - Google Search
There are also animal surrender contracts which you can google. You could design one of your own based on what fits the situation.

Please don't feel that we are being critical as you have done an amazing thing to have championed this cat on your own as far as you have. We just don't want anything to go wrong for either of you. Please keep us posted.

 

[daryl the cat]

I get what you're saying and do not take it critically at all. I will give them some excuse as to why they can't come here. Yeah, wanting to say goodbye after a month is ridiculous. They didn't even advertise that he was lost! No signs, nothing. They already pretty much know where I live though, because when I asked where he was lost I said I was very close by.

It is a messy story. I think the cat was passed around to many people in the family. I believe the mother sounded sincere. She seemed disgusted with her daughter and wants the cat in a good home. True, she doesn't have authority to relinquish the cat to me. But she said her daughter doesn't want him, and every day the daughter does not call to claim him is one day closer to the 7 days.

I'll talk to the owner of the vet clinic tomorrow. He was off today. The mother talked to them prior to talking to me. They gave her my number. In my opinion, the clinic acted as liaison. And if they are, then I feel like they should be the ones to handle the ownership transfer and request his vaccination records, etc. Does this sound fair?

 

[fionasmom]

Yes, it does. Even if you have to lean on them a little bit. At your house, no records can be officially transferred. Even the microchip company will be more willing to transfer the ownership to you if a vet is involved. The mom well may be sincere about the cat getting a good home.

 

[Margot Lane]

…and when you get through all of this, please be sure to post more pictures of your extremely cute cat!

 

[artiemom]

Yes, sound like a much better plan.. I am wishing you all the luck in the world.
Let the Vet be the go between. They know what they need, and what to do, to make it official.

A question to ponder-- not that you would get a straight answers from any of them: How did the mother get you telephone number? I mean How did she know the cat was found? The daughter must have told her. Yeah, after a month of being. missing, the daughter and the kids do not want the cat. It is probably much better for this little baby, to have found you. Sh will have a much better life.

Make sure you get all the documentation of the surrender. I kind of wonder what could happen if the "new" boyfriend leaves and the woman decides she wants her cat back.. That is always a possibility. And you hav to wonder how the mother got involved in this. She could have taken care of the cat, or given it to a rescue.

Yes, please post pictures of your new baby!!!

 

[JamesCalifornia]

~ Everyone could meet at the Veterinarian office for a send-off and official microchip change. I hope the Mother comes along as she sounds like the mature adult.
Good luck ...

 

[daryl the cat]

Thanks everyone for your advice and support. It has meant a lot to me. Taking him to the vet tomorrow morning to get checked over. We will discuss the legal and microchip issues then. My resident male cat was not too happy at first, but he's coming around. He is the best cuddler! I haven't committed to a name yet. He's gained a bit of weight and the scratches on his nose are healing
Adding another picture from the day I trapped him to show what a skinny boy he was.

 

[fionasmom]

He is a lovely boy and looks so happy to have a home. Please let us know what happens at the vet's.

 

[daryl the cat]

Welp, he's officially my cat! The microchip company is 24Petwatch. They gave me the chip number and said all I have to do is call and change ownership. Really, it's that simple? I haven't done it yet. I wanted to wait for the full 7 days to expire. No worms, no fleas, tested negative for feline leukemia, and got some ointment for the sore near his genital area.

I named him Dodger. That was the name on his microchip, but his owners were calling him something else. We think the humane society must've given him that name. I thought it was fitting and decided to keep it.

He's settling into the routine around here. Snuggles next to me at bedtime. My other cat is getting lots of love and adjusting... slowly

 

[fionasmom]

Thank you so much for letting us know! This is great news for all of you and I am glad that the change in microchipping will be so easy. Dodger is one happy looking cat in that lovely bed. Think about what is going through his mind as he wonders how his life changed so much for the good.

 

[JamesCalifornia]

Welp, he's officially my cat! The microchip company is 24Petwatch. They gave me the chip number and said all I have to do is call and change ownership. Really, it's that simple? I haven't done it yet. I wanted to wait for the full 7 days to expire. No worms, no fleas, tested negative for feline leukemia, and got some ointment for the sore near his genital area.

I named him Dodger. That was the name on his microchip, but his owners were calling him something else. We think the humane society must've given him that name. I thought it was fitting and decided to keep it.

He's settling into the routine around here. Snuggles next to me at bedtime. My other cat is getting lots of love and adjusting... slowly

~ Another happy ending. Congratulations ...

 

[artiemom]

Congratulations!! So happy!!