Small claims court question?

Question

My little dog was attacked and killed by two greyhounds owned by a couple who deny that their dogs did it even though they saw it happen. I have myself, my husband, and two other witnesses that saw the whole thing. The vet bills were very expensive because my dog lived for almost a week before passing away. I am finally taking them to court. I am starting to get nervous because I have never been in court before and I'm pretty sure that they are going to deny everything that I say. Are the witnesses enough evidence? Is it smarter to try mediation? Any help would be much appreciated thanks!

Answer 1

A lot of states make you go through mediation first. If yours doesn't, and your certain they'll deny it was their dogs, I'd go to court with it. It's basically a he said she said deal, but you've got witnesses(hopefully not other members of your family), I'd go for the court ruling. Don't be nervous. Look at it this way, worst case scenario, the judge says no to your complaint. That's it. Good luck!! Did you call animal control after it happened?

EDIT: Something else to think about too, what's the leash laws in your county/city? Where the greyhounds leashed? Free running? Where was your dog? In your yard or was he free running? Be informed first, because if there's a leash law, and your dog wasn't leashed either, could end up against you as well.

Answer 2

Well just based on watching all of the Judge shows on tv :)... Make sure you have all of your documentation related to the case. Of course have all of the vet bills available. Will the witnesses be present at court? If not, have a signed affidavit statement from them regarding what they witnessed. Hearsay will not uphold or be accepted in court. Also for consideration, look into the State's leash laws... If the couple did not have the appropriate control or restraint on the dogs while you did on your dog then it should be in your favor.

Since you are nervous... I recommend going over all the details and how you want to present your case such as scripting it or detailing the notes on paper as a guide.

Best of luck and sorry for the loss of your dog.

Answer 3

small claims court is just for such cases. no lawyers are involved in most cases, only a judge. witnesses are able to testify, as are the accused. denial, in the face of witnesses who are not part of the case between you and the other couple will almost surely be sufficient to win. if they get an attorney, which is really very expensive, and the case against them is so strong, he will probably try to settle out of court for a portion of the expenses you are already out of, but he may also try to win it for them, which is his duty under the law. i would get the witnesses to sign sworn affidavits with witnesses present to show you mean business. also, it will keep the witnesses honest, if someone tries to get them to change their stories.
but that isn't necessary in most cases for a small claim case, but you will want to be sure the witnesses are in court the day you go or you lessen your chances of winning. without witnesses, your case can fall apart because it'll be your word against theirs. the judge would have no choice but to dismiss the case.

Answer 4

small claims is set up to be as easy as possible for someone to take action without the aid of an attorney.

In most places you plead your case and submit your evidence right to the judge or magistrate. Simple rules of evidence apply. In your case submitting vet records and bills and the witness statements should help you as much as anything.

Good luck and so sorry for your loss.

Answer 5

Your witnesses should be enough evidence. The judge will more than likely be able to see that the couple could be lying together to save their own asses.