My dog MIGHT have done it...

[Arkitec]

Good Afternoon,

I receive a letter and have been recently served to go to small claims court over a neighbor insinuating that one of my dogs attacked and killed their cat. I live in Fulton County, GA

History - I recently took a business trip. I hired a pet sitter to take the dogs for their nightly walk. On one of the walks, the dogs got away from the pet sitter which both dogs were on leashes. I was told they soon came running back. A couple of days later I received a letter from a neighbor insinuating that one of my dogs killed their cat. No one saw this other than them making accusations that my dogs have been loose before therefore they must have done it. They attached a vet bill which included cremation costs that total about $400 which they asked me to pay. I responded with a note apologizing what happened to their cat but why would they think it was my dogs? There was no proof by a witness that it was my dogs, not even the pet sitter... Regardless, I felt horrible for them. They also had many lovely things to say about my character, etc. which I simply ignored and chose to be the bigger person and responded with my condolences and gave them a check for $300. Not sure I felt responsible for a cremation service... and again - there is no proof it was my dogs in that limited time off the leash.

Since then, I received another nasty letter saying, I simply can’t brush this off with a small check, and this was a family member. They told me that they were going to take me to small claims court and that they donated the money to SPCA to educate dog owners like myself.. Huh?

Last week I was served papers.....
Now.. I didn’t try to brush them off. I didn’t feel it was my fault but I felt bad for them.. Now I’m being taken to court? I was trying to be nice and work with them, if this was the case...

What is my legal stance with this? My dogs have never shown any type of aggressive behavior nor has anyone on the block told me so...
It is my understanding that I can write a response to the small claims court within 30 days or show up in court and verbally give my response then.

Can someone please shed some light on this for me...

Thank you so much.

Arkitec

 

[Free_Advice]

300 dollars for a cat? That seems high .. how old was the cat? If its 20 yrs old, I would say 5 bucks was all that it was worth.

Cats are not people .. they are treated like cattle under the law.

And where was this cat when it got "attacked" .. any witnesses?

did they cash you 300 dollar check?

 

[CSO286]

Good Afternoon,

I receive a letter and have been recently served to go to small claims court over a neighbor insinuating that one of my dogs attacked and killed their cat. I live in Fulton County, GA

History - I recently took a business trip. I hired a pet sitter to take the dogs for their nightly walk. On one of the walks, the dogs got away from the pet sitter which both dogs were on leashes. I was told they soon came running back. A couple of days later I received a letter from a neighbor insinuating that one of my dogs killed their cat. No one saw this other than them making accusations that my dogs have been loose before therefore they must have done it. They attached a vet bill which included cremation costs that total about $400 which they asked me to pay. I responded with a note apologizing what happened to their cat but why would they think it was my dogs? There was no proof by a witness that it was my dogs, not even the pet sitter... Regardless, I felt horrible for them. They also had many lovely things to say about my character, etc. which I simply ignored and chose to be the bigger person and responded with my condolences and gave them a check for $300. Not sure I felt responsible for a cremation service... and again - there is no proof it was my dogs in that limited time off the leash.

Since then, I received another nasty letter saying, I simply can’t brush this off with a small check, and this was a family member. They told me that they were going to take me to small claims court and that they donated the money to SPCA to educate dog owners like myself.. Huh?

Last week I was served papers.....
Now.. I didn’t try to brush them off. I didn’t feel it was my fault but I felt bad for them.. Now I’m being taken to court? I was trying to be nice and work with them, if this was the case...

What is my legal stance with this? My dogs have never shown any type of aggressive behavior nor has anyone on the block told me so...
It is my understanding that I can write a response to the small claims court within 30 days or show up in court and verbally give my response then.

Can someone please shed some light on this for me...

Thank you so much.

Arkitec

Can they prove it?

 

[Arkitec]

Free-Advice - the 300 was for the vet bills.. which i thought was more than generous since there is NO PROOF it was even my dogs or any dog for that matter? The cat i guess was outside? I dont have a clue. No witnesses of anykind.... Just a random email from my neighbor down the street... In the second letter, they made reference to multiple cats on the street being killed.. again insinuating it was my dogs.. which again... the dogs arent out of a leash... trying to establish that my dogs are viscious or that they have done this before... As if what they write on a piece of paper is PROOF. ITS NOT!

CSO286 - No, no proof at all.

 

[Zigner]

So, you're willing to go to court (and likely lose) over about $100? Really?

 

[Free_Advice]

So, you're willing to go to court (and likely lose) over about $100? Really?

Not $100 but $1000 !

 

[Arkitec]

First off.. Why would I lose? On what basis are you making that opinion? There is no one saying they have a witness. Just accusations... The second letter said the total was now $1584. That the $390 they asked originally was nothing. That I should have paid for the cremation too.. with more explatives.. The new amount is based on nothing but just a number as far as I can tell... no receipts, nothing.

I feel like I am trying to be bullied because I have two dogs. The dogs have showed NO SIGN of aggression, they are sweet dogs.

And yes, time off work... Again, more reason to just write the response to the court and get a hearing I guess. I felt more than generous by diffusing any problem on "the block" but this almost feels like a shakedown.

Are there any lawyers out there willing to give some factual basis as to where I stand; because I dont see how without proof that they saw my dog(s) doing this, they can get away with it. I understand, anyone can sue anybody.. But at some level, this cant be the first time this has happened...

Sorry, just frustrated.
Arkitec

 

[swalsh411]

Are your dogs loose? Do they get loose sometimes? Were they loose on the day the cat was allegedly killed? Which of your two dogs are they saying killed the cat?

You don't really have to do anything other than deny your dog killed their cat. They bear the entire burden of proof. They also must show how they are arriving at their damages.

You will need to go to court however. That's how it works.

Don't "defuse the problem" by allowing yourself to get bent over.

 

[Arkitec]

swalsh411 - They have got out before. Not something that happens all the time... A few times.. Days after the dogs got away from the pet sitter (which they were on a leash) I received the first letter. They are not saying which dog, just accusations about both dogs.

and thank you for responding.