punitive damages in small claims court

[cgall256]

i live in new jersey. back in november of 2000, my f/m yorkshire terrier disappeared from my yard. she had a collar with id on it. i hoped she would be returned. i searched for her, put an ad in the paper, posted signs everywhere, and checked with animal shelters. she vanished and whoever had her, was keeping her. i was devastated at losing her. 2 months went by. i still kept signs up which was a good thing because one day in january 2001, we got a call from a man who said his neighbor had our dog. we went over to the address he gave. no one was home, but our dog was there. the police got involved and said they would speak to the woman who had my dog when she came home. my husband was able to get the phone number of the woman. the message on her answering machine gave her cell phone #. he spoke with her and explained that we believed she had our lost dog and when was she going to be home so that this could be worked out. she denied having the dog. she said she didn't know what he was talking about. he told her the police were involved and we would get the dog back. she did come home and we did get the dog back. she admitted to finding her on our road. a neighbor of mine told her where the dog lived, but she put my dog in her car and drove home. i charged her with thft. she was granted pti with 1 yr probation and community service but to me that is the same as pleading guilty. now, my dog was returned to me in terrible condition. it broke my heart to see her looking so bad. she had wounds on her back and was missing alot of hair that the vet said was caused by trauma. she was also pregnant by one of the woman's dogs. she too admitted this and even so much as asked me for a puppy. my dog had a rought time with delivery and i have about $400 in vet bills, also expenses for placing an ad for a dog she never planned on returning, i paid her neighbor $50 for information in getting her back, and i missed 2 days of work due to my dog's health documented by visits to the vet.
in small claims i know you can sue for compensation of bills and expenses, but in new jersey, can you sue for punitive damages. she has shown no remorse and if i can sue her for ALL damages, maybe she won't do this to some other family. or should i be thankful my dog is home and forget about the whole thing. do i have the right to sue for punitive damages in new jersey and if so, can i do it in small claims. i'm not looking for big bucks, just to get my point across.

 

[JETX]

Small claims courts typically have limits on the types and dollar amounts of cases that can be decided. Cases in small claims court are normally restricted to the collection of small debts, accounts, property damages, damages for physical injuries, security deposits, damages for breach of contract or other monetary damages. These courts usually can't be used to bring actions for libel, slander, professional malpractice, assigned claims, punitive damages meant as punishment or a penalty for wrongful conduct, injunctions (court orders) to stop some activity or conduct or other complex issues.

Additionally, punitive damages are limited to cases where the Defendant has acted 'with malice or wilful disregard of the safety or rights of others'. Based on your post, I don't see where either of these conditions would apply.

I fully understand your feelings, but suggest that you be content that you recovered your dog in a 'recoverable' condition and that you move on to more important things in life.