Statute of Limitations TN

[auntphibian]

Tennessee

My neighbor's 2 pit bull mix dogs attacked my dog in my yard. I was a witness to the attack. Deputy came out as did animal control, both said dog owner would pay the vet bills. I filed reports, anyway. I did not want to press criminal charges, I just want reimbursed for vet bills. These dogs ran loose at all hours of the day and I had to keep watch as they tried to attack my chickens on several occasions.

Taking what he told authorities, I sent him a letter with the amount owed. I heard nothing back. I sent a certified letter, which he did not accept. I saw him out one day and asked when he was going to reimburse me. He told me he wouldn't pay unless I proved to HIM the dogs attacked my dog. He said he would tell the courts I am crazy and see and hear things that aren't there. BTW he is the son of a County Commissioner who has a huge extended family here, in the country. Both animal control reports/photos and Sheriff report have disappeared! Isn't that Obstruction of Justice? Animal Control officer told me he filed a report and photos, but the director says there are none. The dog owner did not even have to prove rabies and nobody did anything about his dangerous dogs.

I was going to let it drop, until last week, every agency known started coming out to investigate me. Codes, animal control, dept of ag, etc. They all found I was doing nothing wrong.

My problem is tomorrow will be 3 years since the attack. So, my question is when I file in small claims court, how do I know the statute of limitations hasn't already run out? I know negligence and trespassing are a years, but property damage (which dogs are considered) is 3 years? The County Clerk was no help and before I spend $150, I want to make sure I will get my chance in court. Are there other legal things I could file as within the limitations?

If anybody can help answer that question tonight, I would be grateful. I have searched and searched. The Clerk told me you just file and not put any specific thing down, but the court has to go by to know if statute of limitations is passed. Thank you!

 

[quincy]

You have three years from the date of the incident to file a claim for property damage. If tomorrow marks the last day of this three year period, you either file early tomorrow or you have lost your opportunity.

Why didn't you file a claim sooner?

 

[auntphibian]

You have three years from the date of the incident to file a claim for property damage. If tomorrow marks the last day of this three year period, you either file early tomorrow or you have lost your opportunity.

Why didn't you file a claim sooner?

Yes, I know I have to file tomorrow. Since the court could not help me with statute of limitations, I just needed verification. They are telling me you don't file a particular "charge" in the lawsuit, which didn't sound right to me.

I didn't file sooner because I was trying to get him to pay, as he told authorities he would. I also tried (as I mentioned) to get the police report and the animal control report, which conveniently have disappeared, and are now non existent. I have been trying to remedy this. I did get the Animal Control Officer on video saying the dog owner said he would "do whatever it took to make it right". I figured without the reports, and this guy being the County Commissioner's son, the law will probably not be followed in court and I won't win, no matter what, even though I witnessed the attack. I also have been having health issues since about a year after the incident.

His extended family have harassed me in ways no one could handle. My fear is if I file the suit, it will just get worse. But, I feel this guy needs to do what he told authorities and the law and reimburse me. He could get his whole extended family to come to court and swear the dogs were never out. Although I have photos and videos of the dogs on my property at all hours of the night. This has been a difficult decision and I have been dealing with PTSD over it.

These people have recently and falsely sent out County Codes, Animal Control and the Dept of Agriculture saying I abuse and neglect my horses and let them all run loose, which I don't. The agencies all found nothing wrong.

I was kind of hoping if I file this suit, I could include harassment and get a warrant for the names of the people who keep calling authorities on me just to cause me grief.

 

[auntphibian]

Would there be any other filings I could add that have not passed statute of limitations?

 

[FlyingRon]

Would there be any other filings I could add that have not passed statute of limitations?

I'm not seeing it. Most civil cases have three year or SHORTER limitations period. Despite what people "claim" they're going to do, you should never delay the civil action anywhere near the end of limitations period. It's trivial to end a suit if he pays, harder to start or restart one if he doesn't, and impossible after the period has expired.

The only thing with a longer limitations period that might apply is a breach of contract, though I'm not seeing anything in his statements that rises to that level.

 

[adjusterjack]

My problem is tomorrow will be 3 years since the attack. So, my question is when I file in small claims court, how do I know the statute of limitations hasn't already run out?

It's 3 years. See the statute:

https://law.justia.com/codes/tennessee/2017/title-28/chapter-3/part-1/section-28-3-105/

The Defendant has to raise the statute of limitations as an affirmative defense. Generally, if he doesn't, the court can consider it waived. Unfortunately, your description of the "good-ole-boy" situation means it's likely that somebody will clue him in.

I was kind of hoping if I file this suit, I could include harassment and get a warrant for the names of the people who keep calling authorities on me just to cause me grief.

Nope, you will need a separate lawsuit for defamation.

My fear is if I file the suit, it will just get worse.

Nobody can make the decision for you. But if you don't file out of fear, that's something you get to live with.

 

[quincy]

As a note on the defamation mentioned above: Tennessee has a one year statute of limitations for defamation claims - and complaints to agencies generally cannot support a defamation claim. Complaints are neither true nor false (they require investigation) and defamatory statements must be false.

If there is continued "harassment" by the neighbor, looking to get a restraining order is a possibility (although with what has been said, I am not seeing that the actions of the neighbor rise to the level of harassment).

 

[auntphibian]

As a note on the defamation mentioned above: Tennessee has a one year statute of limitations for defamation claims - and complaints to agencies generally cannot support a defamation claim. Complaints are neither true nor false (they require investigation) and defamatory statements must be false.

If there is continued "harassment" by the neighbor, looking to get a restraining order is a possibility (although with what has been said, I am not seeing that the actions of the neighbor rise to the level of harassment).

I tried getting a restraining order against one of the harassers who honked whenever she drove by my house, at whatever time. Not just honked, but laid on her horn around my entire property. I called Sheriff several times and finally she drove by while he was at my house. He pulled her over and told her this was her last warning. Later that night, I was outside looking at the moon through a telescope and she did it again. Called that deputy back, he said we had enough on her for a warrant. I went to get the warrant and they pulled the police report (there was only the one from that day). All it had was my information and her name, spelled wrong. Nothing about why he pulled her over, no information at all. So, again, the authorities are obstructing me from getting justice, but allow these people to do to me whatever they want.

My family don't want me to file the lawsuit because these people were relentless when they were all honking from 5am-2am. I didn't get sleep for 3 months. This could start that all back up again.

 

[auntphibian]

It's 3 years. See the statute:

https://law.justia.com/codes/tennessee/2017/title-28/chapter-3/part-1/section-28-3-105/

The Defendant has to raise the statute of limitations as an affirmative defense. Generally, if he doesn't, the court can consider it waived. Unfortunately, your description of the "good-ole-boy" situation means it's likely that somebody will clue him in.



Nope, you will need a separate lawsuit for defamation.



Nobody can make the decision for you. But if you don't file out of fear, that's something you get to live with.

Yeah, I want to file, my family says not to. They know what I went through when these people were at their worst. I'm just torn. Since the authorities are "losing" police reports (there are actually very few reports and none against this guy, when there should have been 4) I feel that even in court the law won't be followed, but the good ole boy network will win.

 

[quincy]

Honking a car horn is annoying but is unlikely to support a restraining order.

You can file - or not - but you are letting time make the decision for you.

 

[auntphibian]

I'm not seeing it. Most civil cases have three year or SHORTER limitations period. Despite what people "claim" they're going to do, you should never delay the civil action anywhere near the end of limitations period. It's trivial to end a suit if he pays, harder to start or restart one if he doesn't, and impossible after the period has expired.

The only thing with a longer limitations period that might apply is a breach of contract, though I'm not seeing anything in his statements that rises to that level.

Like I said, I have been trying to get the animal control and police reports, as I felt they would help my case. With them gone, I don't feel I have a chance. Animal control has a new director, so if the report and photos are still there, I could now get them, but it's still a matter of my safety on my property if I file the suit. I wasn't delaying it on purpose, I've been trying to get the evidence I need.

 

[quincy]

I suggest you let go all thoughts of collecting on the vet bill. Your delay has cost you what could have been a viable action 3 years ago.

 

[xylene]

If you have PTSD or anxiety because of this incident with the dog or the behavior of your neighbors, I strongly suggest you get some help for that whether you pursue a civil case or not - which you should come to terms with not doing since the time to do so has past.

 

[FlyingRon]

Like I said, I have been trying to get the animal control and police reports, as I felt they would help my case.

Irrelevant. You still have to file on time. You didn't need those reports to file.