Over Charged

[twojeepfmly]

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

When in small claims court, the plaintiff claimed my dogs attacked her lamb. She had to put one down. The judge ruled against me although even the bailiff thought it was a joke. She is married to a cop and her witness is a cop. Anyway, I was given a $2000 judgement against me while she had only paid $250 for the lamb. Since she only had the lamb for about 4 months and it was going to be sold for slaughter the following week, I didn't see cause to pay such a large amount over the purchase price and any feed that was needed. Is it typical to pay 800% more than the value of the lamb?

 

[BL]

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

When in small claims court, the plaintiff claimed my dogs attacked her lamb. She had to put one down. The judge ruled against me although even the bailiff thought it was a joke. She is married to a cop and her witness is a cop. Anyway, I was given a $2000 judgement against me while she had only paid $250 for the lamb. Since she only had the lamb for about 4 months and it was going to be sold for slaughter the following week, I didn't see cause to pay such a large amount over the purchase price and any feed that was needed. Is it typical to pay 800% more than the value of the lamb?

Don't they have Small claims Trial De Novo's in AZ ?

 

[dcatz]

Overcharged?

OP – You have a judgment against you and nobody here can say what is “typical”. What can be said is that you have three options:
1) Pay the judgment.
2) Appeal the judgment.
3) Ignore the judgment.

The judge ruled against me although even the bailiff thought it was a joke. She is married to a cop and her witness is a cop.

If you appeal the judgment, I would suggest that you not rely on any of those facts to change the trial court ruling. I would also suggest that you rely completely on a ruling in your favor and not on a reduction in the amount. If you can’t depend on the former, don’t expect the latter.

I have now read your state’s enforcement statutes. If you choose to ignore the judgment, one of the possible consequences is that the claimant will try to enforce it. Animals are considered “personal property”. Unless you’re a rancher/farmer and can successfully argue that that your dogs are “tools of the trade”, they are not exempt from execution. If you can, they are protected to the sum of $2,500. Imagine that the judgment creditor directs the Sheriff to seize and sell your dogs. It might seem like an appropriate quid pro quo. What is their value to you?

33-1130. Tools and equipment used in a commercial activity, trade, business or profession
The following tools and equipment of a debtor used in a commercial activity, trade, business or profession shall be exempt from process:
1. The tools, equipment, instrument and books of a debtor or the spouse of a debtor primarily used in, and necessary to carry on, the commercial activity, trade, business or profession of the debtor or the debtor's spouse, not in excess of an aggregate fair market value of two thousand five hundred dollars. For the purpose of this paragraph, "tools" do not include a motor vehicle primarily used by a debtor for personal, family or household purposes such as transportation to and from the debtor's place of employment.
2. Farm machinery, utensils, implements of husbandry, feed, seed, grain and animals not in excess of an aggregate value of two thousand five hundred dollars belonging to a debtor whose primary income is derived from farming.
3. All arms, uniforms and accoutrements required by law to be kept by a debtor.