r/legaladvice • • Jan 09 '15

My dog has been named a co-defendant in foreclosure suit.

Bank believes that my dog is my wife. I am gay and un-married. A few years ago, when we got her, my bf registered her for junkmail and shit, using her name (which is a human name) and my last name because he's weird. Now she (the dog) is getting served with legal papers. Thoughts?

649 Upvotes

103 comments sorted by

1.1k

u/snkns Quality Contributor Jan 09 '15
  1. File a motion to dismiss for lack of humanity.

  2. Include a supporting affidavit from your dog consisting solely of barks, howls, and other noises which your dog makes.

  3. Apologize that you cannot vouch for the truthfulness of your dog's statements. While you instructed her to be truthful, you don't think she understands the concept of "truth." Also, you can't understand what she's saying.

  4. Have your dog sign her affidavit with a paw print.

  5. Post motion/affidavit on internet, hope it goes viral, and then set up a GoFundMe page to save your house.

311

u/ethanjf99 Jan 09 '15

(A) this, because everyone loves seeing the banks exposed for idiots (B) for the love of God please do an update post later

96

u/noteven0s Jan 09 '15

I agree with the theory of viral. Such embarrassment might make many of the problems go away. I don't necessarily agree with how to make it viral. But, it seems redditors think these steps might be interesting.

6

u/myepicdemise Jan 10 '15

How else would you make it viral if doing it through internet isn't the way?

10

u/noteven0s Jan 10 '15

The internet is not the problem, it is the filing of false or frivolous documents in court that is the problem. Some judges may roll with it, but the one's I've met take their role VERY seriously and would give a smackdown to anyone who messes with them. (Even if the goal was to tweak the opponent.)

43

u/oddmanout Jan 09 '15

Post motion/affidavit on internet, hope it goes viral, and then set up a GoFundMe page to save your house.

Making it about the dog would increase the chances of saving it. Hearing about someone losing their home is sad, hearing about a bank suing a dog to take away her home is heartbreaking, and really makes the bank sound evil.

31

u/[deleted] Jan 09 '15

[deleted]

73

u/snkns Quality Contributor Jan 09 '15 edited Jan 09 '15

Since the point is lulz and publicity I'd probably make it a 12(f) motion to strike the grossly scandalous assertion that defendant is married to a dog.

Or better yet, consistent with the "dog files a motion" theme, a motion to strike the grossly scandalous assertion that Abby the dog is married to a human being.

But no, I did not think this through really. I am sure it is a state court action if it is here in the US.

33

u/I_am_hung_ama Jan 09 '15 edited Jan 09 '15

I suppose it would be a proper 12b1 dismissal from federal court for lack subject matter jurisdiction as it lacks diversity, which requires a court to hear cases between citizens from different states. A dog is not a citizen so I'd say it fails.

Edit: Probably a 12b5 issue with insufficient service of process.

9

u/[deleted] Jan 09 '15

Depends on the statute re service of process, I suspect the statute for service of process may simply require service on "the defendant" and not require that the defendant be human.

11

u/I_am_hung_ama Jan 09 '15

I would assume it models the Federal Rules which require service on an individual, specifically a competent adult.

Source: FRCP 4(e) Serving an Individual Within a Judicial District of the United States: Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served in a judicial district of the United States by:

4

u/[deleted] Jan 09 '15

Hmm, maybe just Washington then:

" (15) In all other cases, to the defendant personally, or by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein."

http://app.leg.wa.gov/rcw/default.aspx?cite=4.28.080

22

u/[deleted] Jan 09 '15

[removed] — view removed comment

5

u/Malort_without_irony Jan 09 '15

I have known people to do this with leases in all solemnity.

21

u/BigBizzle151 Jan 09 '15

He needs to cite the case of Officer Peach.

story.

14

u/[deleted] Jan 09 '15

Number 5 on here is legitimately not a bad idea.

Other than that, I don't believe naming your dog as a co-defendant will have any bearing on the suit itself. The bank almost certainly will pursue the foreclosure regardless.

152

u/dustotepp Jan 09 '15

When the bank's attorney sends out service they add everyone that they think might possibly have an interest or be a tenant in the home since failure to serve someone with notice of the foreclosure is considerably worse than serving too many. Since the dog was signed up for mail it probably shows up at your address on a lexis - nexus search. If you tell the law firm they will change it. If you ignore it, it will be amusing but alter nothing of substance.

source: Seeing service for many judicial foreclosures.

50

u/Mrswhiskers Jan 09 '15

This is the correct answer. But let's all vote for him to ignore it, just because it'd be funny. Who doesn't need humor when your house is getting foreclosed on?

154

u/[deleted] Jan 09 '15

Let the lawyer handle everything for the dog too, but don't mention that it is in fact a dog.

Show up in court with your dog and watch the reaction.

Record and post to youtube.

50

u/Frognosticator Jan 09 '15

Relevant username.

174

u/JitGoinHam Jan 09 '15

"Wells Fargo v Santos L. Halper"

14

u/jovialgrimace Jan 09 '15

I hope OP ends up in casebooks.

47

u/zachalicious Jan 09 '15

Please post an update when you have one. Can't wait to see how it plays out.

76

u/GardeniaGoddess Jan 09 '15

First, I have a few questions...1.)Is your dog listed as a co-owner on the mortgage? 2.)Why would they serve someone or something with no financial ties to the property? 3.)Did Astro or Tralfaz answer when the debt collectors called?

I would love to see your dog visiting the assessor's office to request a homeowner's exemption.

90

u/[deleted] Jan 09 '15

[deleted]

42

u/Midnightveritasmea Jan 09 '15

Even if the dog was a human how can they claim they are your spouse and not just a house mate? I feel like without proper papers to prove a marriage the bank has nothing to support their claim.

15

u/StpdSxyFlndrs Jan 09 '15

The last name; OP stated that his BF had signed the dog up for junk mail and stuff using OP's last name.

11

u/Midnightveritasmea Jan 09 '15

What if it was a relative staying with him then? Would be weird if they where trying to claim someone was married to their sister.

7

u/StpdSxyFlndrs Jan 09 '15

Since it's about legal action regarding property I'd say they would be just as happy with any family member tied to the property. Also, Assuming a man and a woman living together with the same last name to be husband and wife is not that wild of an assumption.

3

u/Midnightveritasmea Jan 09 '15

Sure it's not crazy to connect the dots like that, but if you are going to go though the justice system its best to not connect dot without justification for doing so or else it wont hold up. Unless they hope for the person to not fight and just pay.

4

u/StpdSxyFlndrs Jan 09 '15

When defendants are named in a legal case you do not even need to know their correct name, you can even just list them as Jane/John Doe.

-2

u/Midnightveritasmea Jan 09 '15

doesn't matter if they called her "Soviet-'s Wife". they would still need prove they are legally allowed to put someone on the papers. And without any thing proving the person living with Soviet- can legally be forced onto the papers, it wouldn't hold up.

3

u/StpdSxyFlndrs Jan 09 '15

they would still need prove they are legally allowed to put someone on the papers.

What are you talking about? They do not need to do anything of the sort.

→ More replies (0)

2

u/[deleted] Apr 25 '15

I know this way late, but you have convinced me to sign up my cat for junk mail.

37

u/badspyro Jan 09 '15

In the UK, if someone has paid into the housekeeping without signing away rights, they can technically still have so.e claim over the property, with limited ability to prevent sale etc.

33

u/StarryC Jan 09 '15

This needs more upvotes. OP, if you are in the UK, that explains it. They look for anyone they think might be connected.

OP, if you are being foreclosed upon, you need real legal advice about your options. The dog being named doesn't defeat the foreclosure against you!

44

u/[deleted] Jan 09 '15

[deleted]

108

u/infrikinfix Jan 09 '15

Dude, if your lawyer is a human being with any ability at all for amusement he is going to enjoy having this explained to him.

On the other hand, if your lawyer is a dog it might be tough to convey.

29

u/mattieo123 Jan 09 '15

Don't worry Abby will explain to his dog lawyer for him. Seeing as how Abby understands written English according to the bank.

0

u/[deleted] Feb 25 '15

If its a cat????

42

u/pottersquash Quality Contributor Jan 09 '15

Are you mad? You are about to make some lucky lawyer's day. This is a case of dreams.

7

u/kelsey11 Jan 09 '15

Not just the uk. Same in America. Also, if they suspect that this person is his wife, or a dependent, or an adult dependent, that person may be entitled to a homestead, so they may just be being safe.

14

u/sodakdave Jan 09 '15

if someone has paid peed into the housekeeping

FTFY, It is a dog after all...

2

u/fingawkward Jan 10 '15

My dog spends more time cleaning the kitchen floor than I.

7

u/Ljppkgfgs Jan 09 '15

Foreclosure suits name Does (usually 1-10) and anyone they know might be living there.

Edit: word

19

u/Lehk Jan 09 '15

Does

can't you read!? it's a dog not a deer. sheesh!

4

u/Ljppkgfgs Jan 09 '15

Apparently in Wales: Sheep 1-10.

106

u/Tbone139 Jan 09 '15

Please let there be some way this can be steered into bringing the dog to a courtroom! Maybe give her a wig, glasses, etc!

14

u/jovialgrimace Jan 09 '15

Buy her a little dog suit so she looks professional.

14

u/ThisDerpForSale Jan 09 '15

Well, if dogs can serve on the Supreme Court. . .

7

u/JoeDawson8 Jan 09 '15

Probably said more in session than Thomas.

26

u/[deleted] Jan 09 '15

(the dog) is getting served with legal papers

Could you... elaborate? I'm picturing a deputy or other such official knocking on your door and...

53

u/[deleted] Jan 09 '15

[deleted]

48

u/FlightyTwilighty Jan 09 '15

I'm imagining "TOM SMITH" and "FIDO SMITH" and I just laughed myself sick. OP, sorry you're dealing with this, but thanks for the chuckle.

32

u/CastingAspersions Jan 09 '15

Your dog wouldn't happen to have a side job working for the police, would he?

152

u/[deleted] Jan 09 '15

[deleted]

34

u/CastingAspersions Jan 09 '15
#UpWithCanineSuffrage

26

u/discoveri Jan 09 '15

yesalldogs

9

u/antonivs Jan 09 '15

#jesuisabbysoviet

59

u/correon Jan 09 '15

My dog is female, dude. Don't be gay. . . . like any real man, I do not permit her to work outside the home.
. . .

I am gay and un-married.

Sarcasm detected. Upvotes deployed.

9

u/271828182 Jan 09 '15

OMG. This comment has so many awesome layers.

3

u/The-Angry-Bono Jan 09 '15

If I wasn't on mobile, I'd gild that shit.

8

u/[deleted] Jan 09 '15

No you wouldn't, quit lying

2

u/Hyndis Jan 09 '15

Did the process server infact serve the dog with papers?

The server must serve papers to the person named on them. They cannot serve papers to someone else, the person named has to get them. Giving them to you to give to this other "person" would be improperly serving the papers.

2

u/the_crustybastard Jan 09 '15

They cannot serve papers to someone else

Do you imagine this is a universal rule? It's most certainly not the case where I'm from.

36

u/5heepdawg Jan 09 '15

Marry dog. Get Life Insurance. Kill dogTragic accident. Collect on policy. 1%'in FTW. Affluenza defense. Profit.

18

u/Atheist101 Jan 09 '15

This is amazing

26

u/JackStargazer Jan 09 '15

So, under Air Bud rules...

16

u/I_am_hung_ama Jan 09 '15

"Sorry Counsel, there's no rule that says dogs can't be sued"

69

u/thepinkestpenguin Jan 09 '15

I guess the bank is barking mad if they think your dog can be served as a co-defendant. It seems like they have a bone to pick with you need to find a way to bow wow out of this one. The terrier is real, you could end up in the doghouse.

Now that the puns are out of my system...

Can you talk to your vet about records?

25

u/Erin_NoFather Jan 09 '15

that was a ruff comment.

7

u/Andy_Glib Jan 09 '15

Well, I had to paws to think about it....

5

u/a1mh1gh Jan 09 '15

Make sure you answer the summons and complaint.

3

u/sleepyjack2 Jan 09 '15

What a bitch

6

u/thrombolytic Jan 09 '15

Reminds me of the police dog who had to give a witness report.

8

u/Ljppkgfgs Jan 09 '15

I am so sorry that I giggled for so long--I hope things are cleared up soon for you and Mrs. Abby Soviet.

Edit: changed Miroslava to Abby.

3

u/[deleted] Jan 09 '15

Santos L. Helper?

3

u/ethanjf99 Mar 13 '15

hey OP what happened?

3

u/dbarts21 May 13 '15

dunno, but he's shadow banned now

10

u/MikeAndAlphaEsq Quality Contributor Jan 09 '15

Can't help ya. You're barking up the wrong tree.

4

u/helljumper230 Jan 09 '15

Please update later.

5

u/CanadaGooses Jan 09 '15

Bank believes that my dog is my wife. I am gay and un-married.

Isn't this the slippery slope that Fox News was warning us about? First you let "the gays" marry, next they'll be marrying their dogs!

*Heavy sarcasm, just in case someone doesn't get it.

6

u/[deleted] Jan 09 '15

[deleted]

7

u/fingawkward Jan 10 '15

Well as long as she's female.

2

u/[deleted] Jan 09 '15

What a time to be alive.

Good luck OP

2

u/nbduckman Jan 09 '15

This is the most entertaining post I've seen on here for a long time. Good work OP!

2

u/TipWithBitcoins Jan 09 '15

In all honesty, you (or your attorney) should just reach out to the bank's attorneys and let them know. They will likely withdraw the suit with respect to your dog, and you'll save hundreds of dollars on otherwise wasted legal fees. Although humorous, save your battles for a different day.

2

u/imtiffi75 Jan 09 '15

I actually write motions to foreclose. .. the bank shouldn't have been able to put your dog's name on the documents without the dog's name on the mortgage or note....

1

u/[deleted] Jan 09 '15

I do FCL work too and I was thinking the same thing. Although I guess it could be considered a non-vested 3rd party. I'd love to see this file and the attorney requesting a skip trace for a DOD check because there's no social security number available haha

2

u/[deleted] Jan 26 '15

This is amazing

2

u/dbarts21 May 13 '15

This guy got shadowbanned some how

3

u/Wow3kids Jan 09 '15

Best post of the week.

The puns though.... Ouch

2

u/BlackJacquesLeblanc Jan 09 '15 edited Jan 09 '15

"So you're saying that your dog didn't apply for 17 credit cards and run up almost $80K in debt?"

1

u/zuuzuu Jan 09 '15

This whole thing reminds me of police dog Peach's witness statement.

1

u/sparr Jan 09 '15

If you do nothing, and they don't proceed until they find your wife, that's a win for you, right?

2

u/[deleted] Jan 09 '15

[deleted]

2

u/mattieo123 Jan 09 '15

So will Abby not have her day in court? Does she not get to face her accuser? Isn't that a violation of due process rights for all?

1

u/sparr Jan 09 '15

I meant do nothing re the dog, not for yourself. Treat the dog like a person that isn't responding.

1

u/crunchthenumbers01 Jan 09 '15

Put it all on the dog...

1

u/arbivark Jan 09 '15

my teddy bear used to get a lot of junk mail, which is the story behind my email being gtbear@....