punitive damages

[lostsoul62]

What is the name of your state? Oklahoma
My next door neighbors dog has been barking for 2 years and I have 14 complaints and I file a complaint that I will go to court in a week as a witness. I have spent thousands of dollars trying to sound prof my house and yard which didn't work. I'm 72 years old and for 2 years I'm afraid to go into my own back yard without someone thinking I'm going to hear the dog barking again. When I have to go outside I tip toe so not to make noise so the dog won't bark. My nerves are shot to the point I can't hardly get out of the house. I'm taking 3 Lorazepams a day with anti depress meds. I have called the police about 8 times and after 14 complaints I watch her watch the dog barking for 3 minutes and I ash her why are you letting your dog bark and she said dogs bark so what do you want me to do about it. So I want to take her to small claims court for $5,000 and she did about 50,000 worth of damage to me because I'm a wreck. When I watch TV and there is a dog barking on the TV I get upset and turn the TV off. Any advice?

 

[FlyingRon]

There's a statutory bar to punitive damage awards in Oklahoma small claims. Further, small claims is capped at $7500.

 

[quincy]

What is the name of your state? Oklahoma
My next door neighbors dog has been barking for 2 years and I have 14 complaints and I file a complaint that I will go to court in a week as a witness. I have spent thousands of dollars trying to sound prof my house and yard which didn't work. I'm 72 years old and for 2 years I'm afraid to go into my own back yard without someone thinking I'm going to hear the dog barking again. When I have to go outside I tip toe so not to make noise so the dog won't bark. My nerves are shot to the point I can't hardly get out of the house. I'm taking 3 Lorazepams a day with anti depress meds. I have called the police about 8 times and after 14 complaints I watch her watch the dog barking for 3 minutes and I ash her why are you letting your dog bark and she said dogs bark so what do you want me to do about it. So I want to take her to small claims court for $5,000 and she did about 50,000 worth of damage to me because I'm a wreck. When I watch TV and there is a dog barking on the TV I get upset and turn the TV off. Any advice?

Have you tried ear plugs?

 

[PayrollHRGuy]

https://oklaw.org/resource/small-claims-courthttps://www.okbar.org/freelegalinfo/smallclaims/
The Small claims limit in OK is $10,000.

 

[Just Blue]

Px Hx.

 

[quincy]

Links to the "barking dog" threads from 2017:
https://forum.freeadvice.com/threads/barking-dog.639120/
https://forum.freeadvice.com/threads/surveillance-camera.639896/
lostsoul, do you still have your own two dogs?

 

[lostsoul62]

I have one dog who does not bark outside. I'm wondering if I should go to small claims court or just get a lawyer and sue because I'm in my 70's and I have suffered in misery for 2 years and I can't move because I have a VA loan and I would lose more money than I could afford and my health is bad.

 

[quincy]

I have one dog who does not bark outside. I'm wondering if I should go to small claims court or just get a lawyer and sue because I'm in my 70's and I have suffered in misery for 2 years and I can't move because I have a VA loan and I would lose more money than I could afford and my health is bad.

What are your demonstrable damages?

What do you want to happen? That your neighbors get rid of their dog?

 

[PayrollHRGuy]

Actually OK will allow a lawyer in small claims.

 

[lostsoul62]

What do you want to happen? That your neighbors get rid of their dog?

I don't understand why you want ask that question. Solution is Keep the dog from barking outside. OKC has a does have a dog barking ordenance​

 

[PayrollHRGuy]

You suing for damages real or imagined may not keep the dog from barking.

 

[Zigner]

I don't understand why you want ask that question. Solution is Keep the dog from barking outside. OKC has a does have a dog barking ordenance

PayrollHRGuy (and I) really don't understand why you think you are entitled to money over this. Also, the dog barks; it is what it is.

Knowing that...what do you want to happen? That your neighbors get rid of their dog?

 

[quincy]

... Knowing that...what do you want to happen? That your neighbors get rid of their dog?

Maybe the questions will sound more reasonable coming from you.

 

[lostsoul62]

PayrollHRGuy (and I) really don't understand why you think you are entitled to money over this. Also, the dog barks; it is what it is.

Knowing that...what do you want to happen? That your neighbors get rid of their dog?

I'm 72 years old, I'm taking lorazepam, anti depression med, afraid to go outside, a dog barks on TV I turn the TV off and the list goes on. If I someone offered me $100,000 to repeat the barking dog of the last two years I would say NO

 

[quincy]

I'm 72 years old, I'm taking lorazepam, anti depression med, afraid to go outside, a dog barks on TV I turn the TV off and the list goes on. If I someone offered me $100,000 to repeat the barking dog of the last two years I would say NO

So ... you are looking to be compensated by your neighbor for your depression and related medical expenses?

How does this stop the dog from barking?

I asked before, and will ask again:
Have you tried ear plugs?