When Animal Seizures Are Lawless, Then ALL Animal Ownership Is At Risk!!! Part 4

Below is the Second seizure order so therefore there was a first-Pacer charges for downloads and needless to say, I don’t earn money thru this blog. So the judge is angry that Kmiec didn’t tell the truth…There is no mention that I can find on what has happened to the 19 (?) house cats but as par for the course-likely euthanized as they were only interested in the dogs. I can’t help but wonder about the house cats -If specific pedigree, they too would be valuable property-The Houston Collie Rescue doesn’t mention the house cats although ordered to remove ALL the animals so where are they and were they euthanized as I suspect?!?

What others are saying about this seizure and the people involved:

“Zandra failed to mention that the Houston SPCA was behind the previous attempt to seize this woman’s dogs and the ones who coerced her into signing them over in the bad old days when they completely ignored ALL laws. I also have no doubt that the Houston SPCA is lurking in the background now since I seriously doubt the Houston Collie Rescue could mount the needed volunteers to accomplish this taking and transport of 93 dogs in a matter of hours without some significant help from their kind. “cruelty surrender” Well, there you go. Should YOU find yourself on the opposite side of the docket from Zandra, you now know you can expect some nasty name calling. This woman was NOT charged with a crime. She certainly wasn’t convicted of any and yet this is the language a lawyer is using to bolster her case.

She attempted to get a receivership of this woman’s assets in state court. I presume it was pissy little JP court since I can’t find a record of it in County or District Court. Damned straight she filed bankruptcy to put a halt to having a pissy little JP appoint a receiver; shoot, it would be a wise move even if it was in County or District as a BK receiver is certainly preferable to a state court receiver. I don’t blame her one bit for that!
Did they ask for a receiver of all property in BK court? I doubt it. They wanted the dogs, just the dogs. This wasn’t about getting the 3 dogs back, it was about finding a way to be vindictive.
The bankruptcy judge did order the return of the 3 dogs and, AFTER she complied and AFTER the dogs were returned, they pulled a rather slick legal move to obtain possession of the dogs (this is NOT an animal cruelty seizure as the bankruptcy court has zero jurisdiction over that state law matter) on a Friday afternoon just before a holiday weekend. Who does that sound like? Houston SPCA of course. And they did it without proper notice and hearing and while there was a transition in bankruptcy trustees pending best I can tell. This particular judge has been on the bench a whopping 4 years… BABY judge!
According to media reports, 2 dogs of the 93 needed medical attention. I saw 3 but the 3rd one looked like a fresh wound and I wonder if that happened during the raid. But, oh, well… they had matted coats and long nails doncha know! And they stank… and AGAIN nobody seems to have taken a meter to measure the oh so toxic air. Classic, classic, classic Houston SPCA.
As a little side note, the JP court decided the value of those 3 dogs was $4,000. What does that make the value of 93 dogs (some of which were pups and more valuable)? The total JP judgment was for around $7,000 I’ll let you do the math and decide if it’s equitable to seize that much value for that judgment or if you think it’s purely vindictive to help take dogs based in part on unproven allegations made nearly a decade ago and do so in a summary proceeding on a Friday before a 3 day weekend.
What is DRACONIAN here is the shenanigans pulled to get possession of these dogs. If any of you want your ownership rights protected, you should look for a lawyer other than Zandra. Kudos to you Zandra for finally showing your true colors. Your client clearly intended this draconian result from the very beginning and you were obviously more than willing to help, ownership rights be damned. I had so hoped I was wrong but the evidence kept growing. It also tends to confirm some of my suspicions regarding your previous cases so thank you for that too.
By the way, one of these oh so abused, neglected, and starved bitches gave birth over the weekend 13 lovely and healthy pups. $$$$$     It also appears the “rescuers” weren’t competent enough to help whelp them so they had to call in a vet. How many of you breeders would have needed a vet to come in for whelping? I’m sure we’ll later be hearing all about how they completely rehabilitated her in the last 2 days, literally reviving the 13 dead pups in her womb.
The real story is that this young woman was desperate to SELL her 3 dogs because she was homeless. She didn’t confirm identity of the buyer or do a home visit or check references or ANY of those things most of us would do. THEN she got seller’s remorse and vindictive and found a lawyer and some activists to help her get revenge.”
-Sure does size this up for what this IS/WAS!!!

[See part 2- https://topcatsroar.wordpress.com/2014/09/04/when-animal-seizures-are-lawless-then-all-animal-ownership-is-at-risk-part-2/ for the billing information from HCR-No mention of the house cats!!! Ekkkkkkkkkkkkkkkkkkkkkk]

To see the PDF files below, just click on the link and then back arrow to return to this post for the next one-Give the files time to load.

Judge’s Orders:

Houston Collie Rescue-Kmiec 19 Order 2014.09.04 Post 1st seize allowing 2nd seizure by volunteers

Houston Collie Rescue-Kmiec 20 Proposed Trustee order

More updates will follow…

Disclaimer connected to this blog…Things said are of my opinion and the opinions of others…Stay tuned  -B

 

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~ by topcatsroar on September 6, 2014.

5 Responses to “When Animal Seizures Are Lawless, Then ALL Animal Ownership Is At Risk!!! Part 4”

  1. Kmiec hid the cats and some more dogs at other locations. HCR absolutely mentioned them and DID take them too and placed them with a dedicated feline rescue group approved by the judge.

    • ‘She hide the cats and some more dogs’ REALLY?!? Or did she place them with someone else for their care and might have been placing out many or all of them-Maybe even sold them-Was her right now wasn’t it?!? You people are barking up the wrong tree with no pun intended. Frankly, I don’t see anywhere in that order giving permission to S/N a single animal or place any elsewhere!!!
      There’s even case law that prevents all that medical testing on those animals…Her property and a right to privacy…Property rights are extremely important to every American. What this really indicates, is that everyone who attacked Kmiec is unlawful and we’re living in a society of lawbreakers.

  2. So now we have a federal bankruptcy court judge authorizing an animal “rescue” for which bankruptcy courts have no jurisdiction? His Order authorizes HCR volunteers to do the job that’s normally limited by law to law enforcement officers, going onto private property to seize assets that should be counted toward the bankruptcy this judge is charged with overseeing. Even if there was animal cruelty involved, this would be local, state and/or county statutes and ordinances, NOT federal bankruptcy regulations, that are involved.
    What’s next, for bankruptcy judges to issue traffic tickets and hear housing code violations? Maybe JP magistrates will be hearing murder cases?
    As for the claims that this woman filed for bankruptcy as some sort of gimmick to thwart the taking of her animals by judgment, this happens all the time and is a legal maneuver. I once had a judgment against a Real Estate agent, who then filed bankruptcy, and I discovered he actually had several judgments against him. I never collected a dime, and it was all legal. Any lawyer knows this and it’s ridiculous to call it anything but a legitimate legal maneuver. It’s one of those things, like a motion for summary judgment or motion to dismiss, that all lawyers deal with daily.

    • The legal system became even more of a shame when this judge signed that order. HCR is not law enforcement and he’s not authorized to give even law enforcement the authority to conduct an animal seizure. I hope he looses his bench and his license. Zandra Anderson too who participated and is not law enforcement…How exactly will they back peddle on this one-There wasn’t any law enforcement in a single picture, if nothing else, to make sure nothing was taken beyond the order not that it matters because even law enforcement has been known for taking other property!!!
      So there was no one there on behalf of Kemic’s rights or pretending to protect her rights-This is so off the wall and the media who by now most certainly knows the seizure laws, says and does nothing but bad ass reporting-and I don’t mean that in a good way!!! More will be exposed on Pacer as this is a federal issue-GOOD, can’t wait to see his next piece of BULLSHIT!!! Kauffman must be laughing her ass off as she and Zandra became the ringleaders of this disgusting case that REALLY is knee deep in SHIT!!! Not one picture even shows a dog that could be conceived as knee deep in shit-But dogs shit anywhere they like and often eat shit now don’t they!?! I’d like to serve all those people a nice big silver platter of the shit they just created-this case is swimming in feces and stinks to Holy Hell!!!
      Considering this is a federal judge-ALL animal ownership is at risk!!! Is he going to create new laws and give himself the authority to enforce them now?!?

  3. […] https://topcatsroar.wordpress.com/2014/09/06/when-animal-seizures-are-lawless-then-all-animal-ownersh… […]

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