Can I be sued again in small claims court?

[Ericboo]

What is the name of your state? NY - Westchester County

My wife and I paid a $430 dog bite judgment against us in local small claims court. That was back in June and the bite happened in March.

He previously had medication for psoriasis from the bite and now says he had an MRI and went to 3 doctors who say he "may have" nerve damage.

I need some help here.

 

[seniorjudge]

Did you have a question?

 

[BL]

Did you have a question?

His subject line was the question .

You went to mediation and agreed to pay an amount. What if anything did that agreement state about the injury or further compensation ?

They are now saying they " might " have a pinched nerve . Might means nothing . Plus the Dr's. would have to associate any additional injuries with the dog bite .

If they pursued it, it would most likely not be heard in small claims court , but rather civil court .

Unless or until the " might " is a definite , I wouldn't worry too much .

Don't let them hassle you over this either .

 

[seniorjudge]

"His subject line was the question."
Of course...how utterly stupid of me!


"You went to mediation and agreed to pay an amount."
Are you sure it wasn't meditation?
Or maybe medication?

 

[Ericboo]

He is calling for us to pay for new medications he is wanting. He has not taken legal action but threatened to call an attorney, and this is the 1st time we have heard from him in 6 months.

 

[BL]

Ok , there was no mediation . It was ruled on in Court.

You paid the Judgment . If that person calls again , verbally tell him not to call again or you will notify your phone Co. of harassment .

If you know his name and address from the Court proceedings , or find out from the court , write him a Letter , and tell him to " Cease and desist " contact with you at once .

Remind him , you paid a Judgment ordered by the Court and State that you have meant your obligations .

 

[You Are Guilty]

What kind of paperwork did you receive from the "bitee" when you paid the $430?

 

[Ericboo]

We did not receive any paperwork. Just paid what the judge ordered.

Can they come back seeking additional reimbursement is the real question. He is "calling for money for medication that he cannot afford, and assumedly wants us to pay for it right now without legal intervention

 

[seniorjudge]

"Just paid what the judge ordered."

You would have had to have received a written order; otherwise, how would you have known what to pay?

 

[BL]

On the bottom of the Court hearing notice there should be a place for Plaintiff's signature AFTER COURT for them put a ck. mark in This matter has been fully paid. Please mark the Court's records reflecting that the Judgment has been fully satisfied.

The Plaintiff should have marked it , signed it , and sent it to the Court, or you to send to the Court .

You should call the small claims clerk to find out if the satisfaction of Judgment has been entered. If not ask what you must do to prove it was paid , and have the satisfaction entered.

If you can prove you paid it , they should enter it .

Again , you should not pay any additional amounts . You should instruct this person to seek other means for his problem, and not bother you again. Tell him you have meant your obligation .

 

[Ericboo]

Maybe we did receive or sign some sort of paperwork but I cannot remember at this time. We did write him a check in the courtroom, that I remember.

We are waiting to hear back from the clerk but I feel a bit more at ease knowing that his claim for additional monies is unfounded.

 

[seniorjudge]

"We are waiting to hear back from the clerk...."


This is worth a trip to the courthouse.

 

[JETX]

My wife and I paid a $430 dog bite judgment against us in local small claims court. That was back in June and the bite happened in March.

He previously had medication for psoriasis from the bite and now says he had an MRI and went to 3 doctors who say he "may have" nerve damage.

Can I be sued again in small claims court?

Okay, enough with the "maybe's and whatif's", let's cut to the bottom line on this one.....

Yes, you can be sued. After all, anyone can sue almost anyone else over almost anything.
However, since this matter has already been litigated, your answer to a lawsuit filing would be a simple a "Motion to Dismiss" based on 'Res Judicata'. That means that the 'matter has already been adjudicated (sort of like 'double jeopardy', only in civil court).

Res judicata
n. Latin for "the thing has been judged," meaning the issue before the court has already been decided by another court, between the same parties. Therefore, the court will dismiss the case before it as being useless.

 

[PissedOff@DTV]

He filed a claim against you in court. The judge looked over the evidence and made his judgment. If the judge would have thought the guys was entitled to more money (ie. punitive damages, future medical treatment, ect) he would have ruled accordingly. It was his own fault he didn't get a lawyer to inform him of his rights. He decided to srttle it in small claims court and thus needs to live with the judgment of $430. Although I have seen cases where people have been awarded $50,000+ for dog bites, he has no other case against you.
Send him a certified letter telling him to stop harrassing you. If he refuses, file a restraining order on him. If he breaks it...jail time plus file suit on him for emotional distress.

Don't worry.

 

[JETX]

If the judge would have thought the guys was entitled to more money (ie. punitive damages, future medical treatment, ect) he would have ruled accordingly.

And of course, that is NOT true. The court doesn't 'search' for additional claims that the plaintiff did not file for.