Being Sued! Have questions!!

[GaGirl]

Okay IAAL...here it goes.

I live in the state of Georgia....Cobb County if that helps. I am being sued by a neighbor for "allowing my cats to trespass onto her property." My question is: Can I use video evidence to prove that the "cats in question" are not mine? For example...video my cats and the other cats together to prove that there are two of them that look alike. I hate to ask the owners of the animals to take a day off of work to go to court for something this stupid.

I have filed a counter claim against this person for harassment. I was told by a local attorney that "these types" of cases are hard to win without representation. What do you think? I have A LOT of video evidence, and several people willing to testify on my behalf. I was not real certain on how to go about putting a value on "living in my home peacefully", so I have sued for the amount of my mortgage payment for each month I have had to deal with this. Does that sound reasonable?

I really appreciate any advice you can offer. This is all new to me.

 

[ninalou]

It IS hard to win w/o representation. I was just sued recently (my post is listed below) and lost. The person who sued me actually broke the agreement and screwed me out of providing a service. I went to court with pics, documentation and witnesses. The judge WOULDN'T allow my witnesses to speak (and they were able to testify that this man screwed me over.) Additionally, she didn't even look at my photos. I am going to appeal and I've just filed a counter claim bc he damaged my property & I lost money. But I am going to go in with an atty next time.

It is your word against your neighbor. And if she knows what your cats look like, it is going to be hard for you to win. (Unless your cats are soley indoor cats.) The other cats may also be bothering her, but she may not know their owners that is why she is coming after you. . . maybe? You will need proof that your cats do not go outside or only w/o you there - to prove you control the situation. Get an attorney to go with you and file a counter claim. From my experience, you will be taken more seriously. Good luck!

 

[GaGirl]

It sounds to me like you got screwed. Why wouldn't the judge hear your witnesses? That just doesn't seem right. Three of my witnesses are driving 7 hours to be here.....someone better listen to them!!!!!

As far as the cats go....they have "escaped" a couple of times. They have not been out enough to do the damage she is claiming though...that's for sure. She is asking that two vehicles be repainted because the cats have walked on them. (You wash the damn things...not paint them.) She is asking that both cars be detailed inside because the cats walked through the cars. And she is claiming that the cats knocked a box over in her garage and it did body damage to one of the vehicles. Keep in mind my biggest cat weighs in at a whopping 7 lbs. It would take a pretty darn big cat to knock over a box heavy enough to damage a vehicle. She is insane. I am hoping that the judge will see how petty this woman is and just laugh her right out of there. I personally think she is broke and looking for easy money. She would have better luck getting a loan.

There is a very long history with this woman. I wish I could get in to all the details...but you folks would think I was a liar. She is so outrageous...it is hard to believe some of the things this woman has put my family through. The judge will have all of that info and I really think he/she will see right through her.

 

[I AM ALWAYS LIABLE]

Okay IAAL...here it goes.

I live in the state of Georgia....Cobb County if that helps. I am being sued by a neighbor for "allowing my cats to tresspass onto her property." My question is: Can I use video evidence to prove that the "cats in question" are not mine? For example...video my cats and the other cats together to prove that there are two of them that look alike. I hate to ask the owners of the animals to take a day off of work to go to court for something this stupid.

I have filed a counter claim against this person for harassment. I was told by a local attorney that "these types" of cases are hard to win without representation. What do you think? I have A LOT of video evidence, and several people willing to testify on my behalf. I was not real certain on how to go about putting a value on "living in my home peacefully", so I have sued for the amount of my mortgage payment for each month I have had to deal with this. Does that sound reasonable?

I really appreciate any advice you can offer. This is all new to me.

My response:

Hello, my little Peach ! Nice to see you.

Okay, first thing we need to determine is whether or not there is some law you are violating. Like Los Angeles, it does not appear from my research of Georgia statutes, and Cobb County Municipal Codes, that there is any reference to "cats" or that they are not allowed to roam freely. In California, and Los Angeles, standard, domesticated, cats are not required to be leashed due to the fact they are not considered dangerous or menacing.

So, first, I need to know her "legal authority" from her Small Claims Complaint that she is relying upon to sue you. If there is something, then we'll take it from there. If there is none, then she's out of luck, and can't win her case.

So, let me know her SPECIFIC allegations in her Complaint and the "legal authority" she is citing and upon which she is relying.

IAAL

 

[GaGirl]

IAAL...Here is her complaint:

Plaintiff states Defendent is indebted to Plaintiff as follows:

Exterior & interior damage to my vehicles (2x) due to her cats trespassing onto my property.
-Both vehicles need to be repainted due to Ms. GaGirl allowing her cats to climband/or walk all over them.
-One vehicle requires body work due to Ms. GaGirl's cat walking / climbing on boxes, which were located against the wall of my garage, and causing the boxes to fall onto my vehicle.
-Interior of both vehicles need to be detailed due to Ms. GaGirl's cat crawling in and out of the vehicle.

That said is in the amount of $4,500.00 (principal owed) plus $51.00 Court cost to date, and all future costs of this suit.

And there it is. Like I said before, this woman is totally insane.
I am almost certain the "body damage" she is claiming was caused by HER in a fit of rage. She threw a drawer in the garage and it bounced off the passenger side quater panel of her car. There was a pretty big dent there. Her ex husband witnessed this and said he would go to court and testify that the damage was caused by HER. As of today, I have no clue what the actual damage was to her car...I am just assuming that she is trying to get her car fixed for "free."

How can she prove that the cat belongs to me????? Is it not my word against hers? There is nothing distinguishing about my cats...no third eyeball, no tail coming out of the ear. It could have been ANY cat. There are cats identical to mine in the subdivison.

Let me know what you think. Thanks dear!

GaGirl

 

[I AM ALWAYS LIABLE]

My response:

What a joke !

I really got a good laugh out of that one !

When in court, keep your mouth closed and let her tell her story. When the judge asks her for proof, and she has none, it will be "case dismissed" for her.

There's NO law against cats roaming around in Georgia, or within Cobb County. Let's assume that you agree that those are your cats . . . SO WHAT ? You have no legal obligation to control the whereabouts of your cats !

Just go to the hearing, have a good time, and when you get out of the courtroom, have a good belly laugh like I did after reading your post.

She's got nothing.

Let me know how it goes . . . (like I can't predict the outcome myself?)

. . . and then, my dear, we'll talk about more important matters between you and me . . .

IAAL

 

[GaGirl]

Sounds like a plan!!!

My intentions all along have been to let her talk and dig herself a nice big hole! As the Plaintiff, she has the burden of proof, right? I am very curious to see how she plans to go about this. BTW...where did you locate the GA laws regarding the cats? I would like to have a copy of that in front of me.

Now, what about the counter claim? Are harassment cases hard to win without representation? I would have never filed the complaint if I did not think I could prove it. This is not some petty BS that I am complaing about either. We are relocating (to South Carolina...and I know how you feel about that State!!) because of all this stupid crap. This woman is just totally out of control.


A penny for your thoughts...

 

[I AM ALWAYS LIABLE]

Sounds like a plan!!!

My intentions all along have been to let her talk and dig herself a nice big hole! As the Plaintiff, she has the burden of proof, right? I am very curious to see how she plans to go about this. BTW...where did you locate the GA laws regarding the cats? I would like to have a copy of that in front of me.

My response: There are no laws (leashing, or coraling, cats) in Georgia or Cobb County. I can't show you something that, simply, doesn't exist.

Now, what about the counter claim? Are harassment cases hard to win without representation? I would have never filed the complaint if I did not think I could prove it.

My response: Forget about the harassment claim. You won't win that in Small Claims court. It's too long to explain why, but, suffice it to say, she has a right to sue in Small Claims court without being penalized - - unless you can really, really, prove "outrageous" acts on her part. That level of proof is usually very rare, to non-existent. That's just the way Small Claims court is set up. Now, if she was suing in a higher court, then we'd be talking about a whole other animal (no pun intended).

This is not some petty BS that I am complaing about either. We are relocating (to South Carolina...and I know how you feel about that State!!) because of all this stupid crap. This woman is just totally out of control.

My response: Sorry to read you're literally being pushed out of your home by this scum bag. But, sometimes, it's the only real remedy. And, I'm extremely sorry that you have to move to South Carolina ! What a waste of land area that place is - - with it's backward laws, and "good ol' boy" mentality.

Ever thought of California - - Los Angeles, hmmmm ?

A penny for your thoughts...

My response: Sorry, my thoughts are worth, at least, a nickel. Please tell me you have red hair - - I'm a pushover for redheads !

 

[GaGirl]

Well...I may stand a slight chance of winning my harassment case. The acts I intend to prove are pretty "outrageous" if you ask me! Just one that I consider to be "outrageous" is...I had family (my 'lil brother and his girlfriend) visiting from South Carolina (I know, I know!) and we were grilling out on my back deck. My lovely neighbor comes out, cranks an industrial blower, parks it in the DIRT, aims it in our direction and walks along the fence line smiling at us. She actually went inside and left the damn thing blowing for 10 minutes. Nothing like a dirt smothered steak! I will tell you now...I am going to be one pissed off chic if I don't get SOME type of compensation from all of this.

I have some really bad news! My hair is not red...it is dark brown. What is it about a red head anyway???


Hummm...California sounds nice...better than S.C. for sure!

 

[I AM ALWAYS LIABLE]

I will tell you now...I am going to be one pissed off chic if I don't get SOME type of compensation from all of this.

My response: Well, you could always fly into Los Angeles, and I'd make sure you get some "compensation" !

I have some really bad news! My hair is not red...it is dark brown. What is it about a red head anyway???

My response: It's not the worst news in the world. I could "make do" with a brunette. I have no idea why red hair is such a fetish for me - - but, it is, and I always let my fetishes win !


Hummm...California sounds nice...better than S.C. for sure!

My response: That's only because I'm here, my dear. Otherwise, it would just be another piss pot, like Stewmeat, South Carolina.

Let me know how it all turns out, and let me know the date of your hearing.

IAAL

 

[GaGirl]

The date of the hearing is December 17. I will gladly let you know how things turn out. You have been a big help. (Hug, hug!)

"Make do" with a brunette, huh? Keep that up and Janny100 may become your closest friend.

Those damn fetishes always seem to get the best of us, don't they?

Again, thanks for your help. Enjoy the rest of your evening.



GaGirl

 

[GaGirl]

BTW...If I ever make it to Los Angeles...I am holding you to the "compensation" thing.

 

[I AM ALWAYS LIABLE]

BTW...If I ever make it to Los Angeles...I am holding you to the "compensation" thing.

My response:

Not a problem. "Have Compensation, Will Travel"

IAAL

 

[GaGirl]

That is good to know.

 

[I AM ALWAYS LIABLE]

BTW...If I ever make it to Los Angeles...I am holding you to the "compensation" thing.

My further response:

So, you're "holding" it too ?

IAAL