Lawyer letter claims my dog caused an injury 11 months ago

[bobru]

What is the name of your state (only U.S. law)? MA

I got a letter from a lawyer in August of this year. It claims at a motorcycle run, I asked someone to hold my dog, so I could go to the bathroom. My dog tried to follow me, and caused a massive breast hematoma to said someone. It further stated that she was taken by ambulance to the hospital, kept overnight, was unable to work for a month and a half, and is currently still under medical care.

Now, I have never asked anyone to hold my dog. He is tied up. Furthermore, the attendees of that bike run were drinking HEAVILY. No ambulance was called while I was there; and it took me forever to pack up, because of a degenerating spinal situation.

My question is this...Should I call this lawyer and tell him my current situation? I have been downsized from my full-time job since Feb. 2010. Before that, I was out hurt for 6 months. I have that degenerative spinal thing going on that makes it hugely difficult to get another job. Sometimes I am on the couch for a week at a time. My house, which is so crappy, that it is literally falling down around me, is in active foreclosure. Should he decide to pursue this case, and get a judgement against me, it will be the tipping point for bankruptcy. Should I let him know this, or let it play out?

 

[ecmst12]

Report the situation to your homeowners insurance. They will defend you.

 

[ecmst12]

Did your dog bite someone? Your post is vague on that point. You say you didn't see anyone call an ambulance but you didn't actually say that your dog didn't attack anyone.

 

[Mass_Shyster]

Do not respond to the attorney unless through your own attorney. Remember that anything you write can be used against you.

One of the things they will have to prove in order to get a judgment is that you own the dog. If you write to the attorney that you tied YOUR dog up, you have just admitted to owning the dog.

 

[bobru]

No dog bite

No, there was no dog bite, or attack. According to the letter I received (I knew nothing about this, until the lawyer letter), my dog "leaped for the ramp to go with you and he pulled my client into the side of the ramp causing a massive breast hematoma." I never asked her to hold my dog. Most everyone was gone by the time I left, because I have a bad back, and was barely able to move; so packing up took me a very long time. No ambulance was called.

There is mortgage insurance put on the house by the bank, structure only; but, as stated, it is in active foreclosure. They have not accepted any payments from me since Dec 2010, because I could not give them enough money.

 

[ecmst12]

Then you're in trouble because if they sue you, you are going to have to pay for your lawyer out of your pocket. Ignore them for now but if they do sue, you're going to need a couple thousand for a retainer.

 

[Mass_Shyster]

My house, which is so crappy, that it is literally falling down around me, is in active foreclosure. Should he decide to pursue this case, and get a judgement against me, it will be the tipping point for bankruptcy.

One option is to immediately head to the bankruptcy attorney if you get served with a lawsuit.

 

[OHRoadwarrior]

I would ignore contact from the attorney. Only respond if you are sued. He is looking for information to use against you.

 

[davew128]

Ignoring all the extraneous life situational facts which are completely irrelevant to the case...I agree that the letter is likely BS. Even IF you asked someone to hold the dog, absent the holdee being a complete and utter moron (which wouldn't change the legal result), it is somewhat implied that the holdee should be prepared for the dog to try and test its ability to run off. Unless you had a great dane and you gave the dog to Betty White, this should not have happened as the lawyer described.

 

[ecmst12]

Hey, Betty White is a tough chick!

 

[xylene]

Hey, Betty White is a tough chick!

yup


http://i.chzbgr.com/completestore/2009/9/23/128982003886861527.jpg

 

[bobru]

Thank you for all the responses. I know my current circumstances don't matter legally, I included them, because, if I were a lawyer working on contingency, I probably wouldn't try to get blood from a stone. That is the whole reason for my question in the first place. My gut instinct was to ignore until I am served. My alternate thought was to inform the lawyer of my circumstances, and what would happen if he did win a judgement against me. My instincts won out. I have not responded. My last question is, if I do get served on this matter, do I wait to see if they win a judgement against me to file bankruptcy?

 

[Willlyjo]

Thank you for all the responses. I know my current circumstances don't matter legally, I included them, because, if I were a lawyer working on contingency, I probably wouldn't try to get blood from a stone. That is the whole reason for my question in the first place. My gut instinct was to ignore until I am served. My alternate thought was to inform the lawyer of my circumstances, and what would happen if he did win a judgement against me. My instincts won out. I have not responded. My last question is, if I do get served on this matter, do I wait to see if they win a judgement against me to file bankruptcy?

If they do file suit against you and get a judgment, why waste several hundred dollars filing bankruptcy when they won't be able to get blood out of a turnip anyway?

 

[davew128]

Thank you for all the responses. I know my current circumstances don't matter legally, I included them, because, if I were a lawyer working on contingency, I probably wouldn't try to get blood from a stone.

Highly unlikely the attorney is working on contingency. Creditors file suit all the time against debtors who have nothing, if for no other reason than to legitimize and extend the period they can legally collect.