What if the judge orders the defendant to pay but the case lasts longer than 30 days?
If the case lasts longer than 30 days, the law imposes obligations on both the shelter operator and the defendant. The defendant must either:
- Request a hearing no less than five days before the expiration of the 30-day period or
- Pay for 30 more days of care within five business days of the expiration of the
previous 30-day period.
If the defendant fails to take one of these two steps, the animal is automatically forfeited.
While the defendant’s obligation to continue paying every 30 days appears automatic, the law does require the shelter operator to take action to have the order renewed every 30 days. Not later than two business days prior to the expiration of each 30-day period, the shelter operator must file an affidavit with the clerk of superior court explaining that, to the best of the shelter operator’s knowledge, the case has not been resolved. Once this affidavit is filed, the original order will automatically be renewed.