Neighbor claims my dog bit his dog

[cjdirri]

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

So about a 3 weeks ago my neighbor wakes me up claiming I owe him 400 bucks due to the fact my dog bit his and he had to take it to the vet. This makes zero sense to me since its 6 am and my dog is inside plus we have a fence between our yards. He says it happened at 7 pm the night before but they where too busy with the vet to stop over and tell me about it until now. I ask him to show me where this attack went on so we go to the back yard and he points out the spot saying his dog did not have its head through the fence but mine did when it bit his dog. Thing is at the point of the fence he claims it went down there is a only a 4 inch or smaller gap, I have a pit bull who's girth just behind the nose is 10 inches, I even brought the dog over and showed him it's imposable for her to reach her head through the fence. So next he calls the cops, cop comes over, checks out, looks at my dog and agrees there is no way my dog fit her head through the fence, tells me I don't have to pay anything nor is my dog in trouble. Guy won't let it go and must call the cops a couple of more times, so now the animal control officer comes out, looks it over and also says she cannot find enough proof to say my dog bit his dog.

Today he calls me and says he is filing papers for small claims court, thing is I'm moving away to MI in about 7 days so now I will have to drive back here to defend myself. I called the cops already to get copies of their reports but does this guy have any chance at a case?

 

[LdiJ]

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

So about a 3 weeks ago my neighbor wakes me up claiming I owe him 400 bucks due to the fact my dog bit his and he had to take it to the vet. This makes zero sense to me since its 6 am and my dog is inside plus we have a fence between our yards. He says it happened at 7 pm the night before but they where too busy with the vet to stop over and tell me about it until now. I ask him to show me where this attack went on so we go to the back yard and he points out the spot saying his dog did not have its head through the fence but mine did when it bit his dog. Thing is at the point of the fence he claims it went down there is a only a 4 inch or smaller gap, I have a pit bull who's girth just behind the nose is 10 inches, I even brought the dog over and showed him it's imposable for her to reach her head through the fence. So next he calls the cops, cop comes over, checks out, looks at my dog and agrees there is no way my dog fit her head through the fence, tells me I don't have to pay anything nor is my dog in trouble. Guy won't let it go and must call the cops a couple of more times, so now the animal control officer comes out, looks it over and also says she cannot find enough proof to say my dog bit his dog.

Today he calls me and says he is filing papers for small claims court, thing is I'm moving away to MI in about 7 days so now I will have to drive back here to defend myself. I called the cops already to get copies of their reports but does this guy have any chance at a case?

Probably not. However, if you don't show up for court he will win by default.

 

[cjdirri]

I'm guessing that is what he is going for, he knows I'm moving

 

[cjdirri]

If I do have to come back is it worth making a counter claim for mileage and hotel bill?

 

[Zigner]

If I do have to come back is it worth making a counter claim for mileage and hotel bill?

Those expenses are not recoverable.

 

[LdiJ]

If I do have to come back is it worth making a counter claim for mileage and hotel bill?

I don't think that you can do that...which is something for you to consider.

I know that you don't want to pay him out of principle, and I wouldn't either, but I don't know how much the vet bill was. If paying it would cost less than returning for court, you might want to consider paying it just to get rid of him.

 

[cjdirri]

Bill is for 400 bucks, if new job can't give me the day off I'm going to have to pay him, this sucks. Pretty sure the cut his dog has is from crap trailer he keeps in the backyard.

 

[sandyclaus]

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

So about a 3 weeks ago my neighbor wakes me up claiming I owe him 400 bucks due to the fact my dog bit his and he had to take it to the vet. This makes zero sense to me since its 6 am and my dog is inside plus we have a fence between our yards. He says it happened at 7 pm the night before but they where too busy with the vet to stop over and tell me about it until now. I ask him to show me where this attack went on so we go to the back yard and he points out the spot saying his dog did not have its head through the fence but mine did when it bit his dog. Thing is at the point of the fence he claims it went down there is a only a 4 inch or smaller gap, I have a pit bull who's girth just behind the nose is 10 inches, I even brought the dog over and showed him it's imposable for her to reach her head through the fence. So next he calls the cops, cop comes over, checks out, looks at my dog and agrees there is no way my dog fit her head through the fence, tells me I don't have to pay anything nor is my dog in trouble. Guy won't let it go and must call the cops a couple of more times, so now the animal control officer comes out, looks it over and also says she cannot find enough proof to say my dog bit his dog.

Today he calls me and says he is filing papers for small claims court, thing is I'm moving away to MI in about 7 days so now I will have to drive back here to defend myself. I called the cops already to get copies of their reports but does this guy have any chance at a case?

In addition to the comments made by the other posters, I'd like to point out a very important point: You're moving to MI in 7 days. Alll the neighbor says is that he is filing, NOT that he has already filed.

In order to force you to appear from out of state, you would have already had to served with notice of the hearing. Service of the summons and complaint is usually done either by the sheriff or a private process server. If you are no longer living there, they can't serve you. Some counties do allow for service by certified mailing. If you have filed a forwarding order with the post office, they will forward that to your new address.

At this point, the neighbor seems to be grasping at straws. He's been told by both the police and animal control that there is no possible way that your dog's 10-inch head could fit through the 4-inch opening in the fence (of which I hope you've taken photographs, along with your dog, to show for comparison). He's threatening to try to go "over your head", so to speak, and have a judge try to find you liable - which is a long shot at best. But he may never even do it within the limited time he has before you leave the jurisdiction. If he DOES try to file after you leave the jurisdiction, it would be very difficult to prove you were served if you weren't.

Let's see what happens before you move, and then worry about it. It's entirely possible he may NEVER follow through.

 

[quincy]

You can review dog laws in Wisconsin at the following site to see if there is anything at all the neighbor could use to support a case against you (unlikely from what you have described here): http://www.animallaw.info/. It is an easy-to-navigate site.

I agree with what sandyclaus wrote and will add that any small claims action would have to be filed in Michigan by your neighbor, if the neighbor fails to take action against you in Wisconsin before you move.



(as a note: I am mostly posting because I have the "animal law" link handy - a lot of new posters seem to have dog issues today)

 

[TinkerBelleLuvr]

VIDEO TAPE all openings, including the fence line BEFORE you move, like tomorrow with daylight hours. Make sure it is timestamped.

 

[Ohiogal]

You can review dog laws in Wisconsin at the following site to see if there is anything at all the neighbor could use to support a case against you (unlikely from what you have described here): http://www.animallaw.info/. It is an easy-to-navigate site.

I agree with what sandyclaus wrote and will add that any small claims action would have to be filed in Michigan by your neighbor, if the neighbor fails to take action against you in Wisconsin before you move.



(as a note: I am mostly posting because I have the "animal law" link handy - a lot of new posters seem to have dog issues today)

Why would MICHIGAN have jurisdiction? Everything happened in Wisconsin.

 

[quincy]

Why would MICHIGAN have jurisdiction? Everything happened in Wisconsin.

Everything happened in Wisconsin, right, and the plaintiff resides in Wisconsin.

But Wisconsin looks at five different elements when determining jurisdiction and whether the long-arm statute will apply (see Zerbel v H.L. Federman & Co, 179 N.W. 2d 872, Wisc 1970). These include the nature and quantity of contact with the forum state and also where the cause of action arose.

But, for small claims actions, the amounts are generally not large enough to compel an out-of-state resident to travel. A court will often (not always) refuse to hear a small claims action filed against an out-of-state defendant in the interest of fairness and justice (two other elements looked at in Wisconsin when determining jurisdiction).

Jurisdiction can always be challenged. If cjdirri fights a small claims action filed against him in Wisconsin once he moves to Michigan, the neighbor will be spending far more than the $400 he is seeking in order to establish Wisconsin is the proper forum to hear his complaint - and there is a good chance he would fail in his attempt.

Of course, as with everything in law, all facts must be considered and, if the neighbor is intent on suing (damn the costs), then cjdirri could find settling the matter the financially smart move.



Wisconsin's long-arm statute: Wi St Section 801.05

 

[Zigner]

But, for small claims actions, the amounts are generally not large enough to compel an out-of-state resident to travel. A court will often (not always) refuse to hear a small claims action filed against an out-of-state defendant in the interest of fairness and justice (two other elements looked at in Wisconsin when determining jurisdiction).

The OP is a resident of WI. (That's a fact)

The OP will be physically present in WI when the case is filed and, likely, when he is served. (The second part of this sentence is conjecture)

 

[Ohiogal]

The OP is a resident of WI. (That's a fact)

The OP will be physically present in WI when the case is filed and, likely, when he is served. (The second part of this sentence is conjecture)

And he will most likely not have established residency in MI by the time it is filed.

 

[quincy]

The OP is a resident of WI. (That's a fact)

The OP will be physically present in WI when the case is filed and, likely, when he is served. (The second part of this sentence is conjecture)

How do you figure that cjdirri will be in Wisconsin when the case is filed and when he is served?

cjdirri is moving to Michigan in 7, now 6, days and the neighbor has not filed a small claims suit yet (or, rather, he hadn't filed as of yesterday afternoon).

All of this is conjecture, until the neighbor files suit. There is a good chance he won't, based on the neighbor's lack of evidence.

But, should the neighbor file a small claims action in Wisconsin against cjdirri after cjdirri has moved to Michigan, cjdirri has options available to him to address the suit.