# escaped tortoise not returned to family



## untangledescapes (Nov 11, 2010)

We have a California desert tortoise that had been a treasured member of our family for approximately 50 years. She has never escaped, but due to this crazy weather when she was thought to be in Hibernian she was out cruising the neighborhood. Once she was found instead of posting fliers to find her owners she was given to the animal shelter. A friend of the family who is a Fish & game warden heard too late at work about this and by the time he contacted the family it had been a few weeks and Creepy was already sent to a home. The shelter gave us the make but the man has made no effort to return the phone call.

As. The family had to prove ownership more than 20 yrs ago and that the Former neighbor is a Fish & game warden who can verify the ownership you would think that creepy would be returned.

Any suggestions or resources would be greatly appreciated.
Thank you!!


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## Torty Mom (Nov 11, 2010)

Did you have a permit for her? That is one of the benefits of having a permit, the torotie is tagged and if found can be returned. 

What about pictures, do you have any that you can use?

I am so sorry, you are going thru this. It must be just terrible!!


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## chadk (Nov 11, 2010)

What - you mean you don't have a Gish and Game department where you are from??


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## Yvonne G (Nov 11, 2010)

Hi untangledescapes:

Welcome to the forum!

I'm afraid once the tortoise has been adopted out to a new family, it would be up to the family to do the right thing and give it back. You really have no recourse.

If you have pictures of your tortoise with a family member, or if the tortoise has any identifying marks, it holds more weight, but it will be up to the new owner to give it back.

Hopefully they will do the right thing.


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## Laura (Nov 11, 2010)

i know at our shelter.. if the real owner comes to claim the dog with in 30 days.. the new family has to give it up.. not that I agree with that.. but it has happened.. 
not the same with torts?


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## harris (Nov 11, 2010)

What a sad story. I really hope you get him back. The commitment your family has made for the past 50 years is remarkable.


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## Jacqui (Nov 11, 2010)

untangledescapes said:


> We have a California desert tortoise that had been a treasured member of our family for approximately 50 years. She has never escaped, but due to this crazy weather when she was thought to be in Hibernian she was out cruising the neighborhood. Once she was found instead of posting fliers to find her owners she was given to the animal shelter. A friend of the family who is a Fish & game warden heard too late at work about this and by the time he contacted the family it had been a few weeks and Creepy was already sent to a home. The shelter gave us the make but the man has made no effort to return the phone call.
> 
> As. The family had to prove ownership more than 20 yrs ago and that the Former neighbor is a Fish & game warden who can verify the ownership you would think that creepy would be returned.
> 
> ...




Can I ask what state your in? Also as asked before, this animal has no permanent ID numbers on her, correct?

I can understand the person who found the animal, not wanting to be bothered with trying to also find the owners by posting fliers. That would be an added commitment of time and expense, not to mention then they would have to keep the animal for awhile. Perhaps they didn't have the time,money or ability to even temporarily house the tortoise. Just be thankful they did the correct thing and at least took the animal to the shelter.

I can understand the new owner not getting in touch with you. He no doubt likes this animal and thinks you were very irresponsible for allowing her to escape. Can the shelter take a letter from you and mail it for you to him? That way, you could explain to the new owner what has happened and that this is a cherished family member. Even offer him a reward for his time and trouble. Be careful with your attitude in the letter, especially in no way make him out to have done any wrong.




Laura said:


> i know at our shelter.. if the real owner comes to claim the dog with in 30 days.. the new family has to give it up.. not that I agree with that.. but it has happened..
> not the same with torts?



That sound very unfair to the new owners and very hard on the dog to me. I could understand allowing it in a very few rare cases, but as a standard rule?


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## Terry Allan Hall (Nov 11, 2010)

Maybe offer to swap the family another tortoise for your pet?


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## Kristina (Nov 11, 2010)

Terry Allan Hall said:


> Maybe offer to swap the family another tortoise for your pet?



That is not a bad idea. Perhaps calmly explain that the tortoise has been in your family for 50 years, and offer to find them a different tortoise to adopt.

I agree a letter would be best, that way you can think over what you want to say and don't have to worry about being upset.


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## Jerseynox (Nov 11, 2010)

VERY sorry to hear about your challenge & frustration 
im with Jaqui in saying a letter from the heart sent throu the shelter with an offer of a reward ,replacement tort & a home cooked meal (people love food) definitly keep the anger/frustation in check it wont help 
GOOD LUCK


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## Jacqui (Nov 11, 2010)

Jacqui said:


> He no doubt likes this animal and thinks you were very irresponsible for allowing her to escape.



I just wanted to add this comment to my above statement. I am not saying you were irresponsible. Any body who has had a number of tortoises or had them for long, knows how fast they can escape without you seeing it or expecting it and simply what escape artists they can be. Somebody with no experience may think there is simply no way such a "slow moving animal" could escape. That instead it was neglect on your part. Which is another reason to explain in your letter what happened. That is was a never before situation and how you will make sure it will not happen again.


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## dmmj (Nov 11, 2010)

we had a similar sit. in my tortoise club a lady had microchipped her tortoise and 2 days later it got out (fence left open by gardeners) the humane society adopted it out and she had proof it was hers they had no choice but to give it back, even though the humane society denied ever having a CDT, a lot of the employees took pics of it so it was able to be worked out, if you are in california I would ask nicely for the family pet back, and then direct them to the CTTC who can find another one for them to have and take care of.


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## terryo (Nov 11, 2010)

What a horrible thing to happen to you. I have my Ornate for 32 years, and I can't just imagine having your guy for 50 years, and then this happening to you.
Keep calling, try to explain how long you have him. Try every possible thing you can, and if at the end nothing helps.....well...sorry, bad me, but I won't tell you what I would do. Fifty years??? I would get him back any way I could.


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## Michiba54 (Nov 15, 2010)

If you have the mans phone number have a lawyer call him... might spook him enough to give your pet back. 

I mean really would you go to court over a tortoise you just adopted?


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## Terry Allan Hall (Nov 15, 2010)

Michiba54 said:


> If you have the mans phone number have a lawyer call him... might spook him enough to give your pet back.
> 
> I mean really would you go to court over a tortoise you just adopted?



Worth a try!


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## moswen (Nov 15, 2010)

i would definately default to the court situation if all other options fail. you have proof that the tortoise is yours, and it was lost. you did not voluntarily give the animal up, and it was accidentally given up for adoption by a rescue, and you were not neglecting your tortoise by thinking it was hibernating. the standard "30 days" thing is because everyone under the sun would notice their dog missing after 12 hours, and hardly anyone goes on vacation longer than 30 days. this time period does not take into account a supposedly hibernating tortoise!

you have the law on your side in this situation. bring photos, good ones that define shell markings and you really look like you do now, vet records, your CDT permit... everything. even if the pet rescue did everything right as well, while they can't be held accountable by the law, they can be required to give up the guy's information to your lawyers so that your lawyers can contact the new owners.


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## yagyujubei (Nov 16, 2010)

What about going to the local TV station with your story? They generally like human interest stories, and this seems to fit the bill. "WXYZ TV reunites lost family members"or contact the local newspaper, I'll bet that there's a reporter there who would love the publicity this could generate. Find all the pictures you have or any other proof of extended ownership. Was the rescue facility government owned or sponsored? You might be able to find a lawyer who is willing to write a few letters.


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