Mrs Reber

[Beth]

Good luck at the courthouse today. I've been thinging about you and this day for weeks now and sure hope you can come back with some better news. It may not be pleasant, but I hope it is productive. I'm thinking about your and Stryper! (((( Hugs))))

[MrsReber]

Thanks, Beth- and thanks for all the help and kind words. I'm leaving in about 40 minutes. Guess DH will meet me there. I have a feeling that I'll come home disappointed simply because the court system here is a joke. There's a new judge now so maybe things will be different. If I don't hear something good come out of this, I'm definitely coming home to type up some letters to the township, county and the state. Haven't seen the dogs around in a while. I don't know if they're in solitary confinement at their house or if the court agreed to let animal control take them away. I spoke to animal control on Friday and they weren't sure if the dogs were still at the house or not. Maybe I scared him by telling him I knew his dogs had been out on my property twice since the incident? I have a feeling I'm still going to have to sue this guy in Superior court since he is ignoring me. I'll give you an update later or tomorrow (depending on how long court lasts!)

[Shirley Panek]

Hugs and good luck to you, Mrs. Reber! ((:())

[Wendy w]

Good luck Mrs. R. May justice finally prevail. ((((((Susan)))))

[MrsReber]

I cannot believe what happened in court! It was all good!!! Amazing! DH and I went there and waited our turn. And waited. And were entertained by the ridiculous stories- but also mortified that we lived in the same town as some of these idiots. So anyway, they call Mr. N (stupid dog owner, and I mean STUPID) up to the front. He said that he'd plead guilty and turn the dogs over because "I have no choice". He gave the dogs to someone else, which is why I haven't seen them around. The animal control officer was up front, too. He said that animal control got a call that morning because the dogs were in fact loose and they had been looking for them all day!! Then one witness motions to the judge. She was a neighbor of Mr. N. She said she had no idea why she was there. Then I figured, if Ms. Dipsy could speak, I had nothing to lose. The judge was about to dismiss Mr. N when I approached. He asked me if I had something to say. I told him yes, Mr. N's dogs attacked my cat and he has made no attempt at restitution. Also, I said, I asked on three occasions for Mr. N to give me his homeowners information so I could file a claim. The judge asked if this was true. Mr. N replied "how do you know they were my dogs?". Then, to my surprise and utter delight, the judge asked Mr. N to give me his insurance information. He said no, he didn't see what his homeowner's insurance had to do with the situation. The judge explained it to him. He still refused. Then the judge said "Mr. N, either you give her the information or we will have a restitution hearing, at which time I can order you to pay the full amount of the bills". He said that was fine. The judge asked us to stick around and as soon as he cleared up the other matters, we'd have our hearing.

The animal control officer called us out to the lobby and gave us copies of the summonses for Mr. N's dogs running loose on the exact date and time that Stryper was attacked. I had brought copies of the vet bills, report, and everything else with me. We patiently waited until he called us back, around 4:00. DH took the stand and was sworn in. He told his story and the judge asked Mr. N if he had any questions. He said "yeah, how do you know they were my dogs?" DH replied that he recognized them and that when he went to speak to the two police officers, they told him that they were Mr. N's dogs. Then Mr. N asked if $5,000 was a "regular vet bill for a cat cause I don't have $5,000 for no cat". I took the stand after that and answered the judge's questions. He said "4,700 for a vet bill is pretty high. Was this a pedigree cat or something?" I said "no sir, just a family member". Mr. N asked me if I told him that the bills would be $5,000 when I spoke to him at his house and then questionned when I spoke to him. I have no idea why. He started rambling and the judge cut him off. Mr. N then took the stand to give his side of the story. He explained how his dogs attacked the rats in his yard and that they obviously thought my cat was a rat. He said his dogs were not vicious and not known to attack. The judge told Mr. N (AGAIN) that he could submit the bills to his homeowner's and they would pay. He said no. He said "I'm bending over backwards to try to help you out here. Do you want to submit these bills?" He said no. Then he added "when your police officers banged down my door, my homeowner's didn't pay for that!". At which time the judge said "Okay, Mr. N. I'm entering in a judgement against you for the full amount. While some people may think these bills are excessive, as Mrs. Reber pointed out, many people consider their pets to be family". Then he asked Mr. N how he would pay. He said "I'll pay the fines tonight". The judge asked "what about the restitution?" He said "I'll pay the fines. Let me go to the bank and I'll pay the fines". The judge asked again about the restitution. He got all fired up and the judge told him to answer or he would hold him in contempt of court (as you can see, his mannerisms and sheer stupidity did not impress this judge). He finally told the judge that he would pay the amount in full tomorrow since the bank was closed for the day. The judge told me that the court is going to collect the money and forward it to me. Mr. N does have 20 days to appeal, but based on his blatant lack of brain power, I'm sure he has no idea what that means. Besides, I don't think he'd get too far. So, on Friday, I will be calling the court to see that Mr. N pays. If not, I will follow up and make his life h*ll.

DH said "I feel bad he has to pay all that money when he's got kids to feed". My reply was that it was his choice. He decided to own these dogs and he declined to offer the insurance information after I asked him on three occasions and the judge asked him at least (literally) five times. DH read the two letters I sent to Mr. N and he said he cannot believe the guy didn't at least call me. I'm sooooo glad I do not have to file anything in Superior Court. I totally did not expect this to happen-

Thank you Beth for giving me some great advice- I don't know that I would have asked the judge to force this guy to give me his insurance info. I was nervous as anything and shaking like a leaf, but it actually worked out! DH said "but we have to live near this guy!" I said "yeah, but are you really worried? He's so stupid I can't see what we have to worry about". :rolleyes:

Yes, I have renewed faith in my local court system (new judge, too!)

[MrsReber]

Sorry for such a long post, but I was pretty excited about the outcome! Now to get paid!

[tbb113]

Susan:

I'm so glad things are FINALLY going to be corrected and that you should be able to collect the money.

Keep remembering to give them hell if he doesn't pay.

Tyra

[SueK]

Susan - I'm so glad things turned out okay! Obviously this won't bring back your kitty, but I'm glad that this loser has to pay the fines and own up to what his dogs did.

Also adding that I saw that you mentioned this guy had kids. Who in their right mind would own dogs like that with kids in the house??! (Although I guess he isn't in his right mind judging from the way you described his behavior in court!)

[jjsooner73]

Yay! So glad to hear that things went your way today.

[RunnerKim]

Whew finally some justice in this whole ugly situation. I loved your response about Stryper being a family member. Way to go new judge.

Kim

[Laura B]

YAY!!! :D :D

I am so glad to hear your news. Please let us know if he actually pays tomorrow.

It was kind of fun to listen to the bizarre people in the courtroom, wasn't it? I never cease to be amazed!

[Meg O'C]

Great story, Susan!

It does restore your faith in the system when things play out like they did today. I hope Mr. N pays so that you can put an end to this once and for all.

[Canice]

Fantastic! Great that you got such an engaged (and competent) judge this time.
But man, your pal just doesn't "get it" on *any* level, does he?

[Beth]

I had to ask the kids to leave me alone so I could read through the post, but I have goosebumps now! I just had a feeling that if you could get a word in front of the judge, something like this will happen. :)

Courts are not perfect, but overall, more right than wrong. The problem is often in getting the right issues and information in front of them. I have a feeling that things might have been harder for Mr N if the judge had heard about the other attack and problems. As it was, I kept reading and wondering if the judge was going to hold the guy in contempt of court (could be a fine, a few hours or a night in jail), but that would have been too much fun! ;)

If Mr N has insurance, he could still turn the claim over to them, but they probably would deny the claim based on the fact that he failed to timely report it and it went to judgement before they knew about it. They lost the opportunity to defend or settle the matter.

It is a lot of money, but when you have a pet you've had for many years and they need help, you do what you have to without knowing the outcome. You don't know when you start out that he will be in intensive care, just the same as you don't know when you take a child to the doctor whether you're looking at a $10 prescription, $100 prescription or more. The bills were incurred and legit -- it's not up to him to decide how your cat should be cared for after he was attacked. And Stryper was obviously treated very well. (I think I hear a distant purr. ;) ).

Sorry for a long reply, but I am very happy for you and hope you are able to collect without further problems. You can file a lien if he does not appeal and doesn't pay, but let's hope that won't be necessary. Stryper lived a very long and full life, and as much as you must miss him, your loss and willingness to stick with this has probably saved another pet, if not a child. I'm proud of you! :)

[Shirley Panek]

Originally posted by Beth
Stryper lived a very long and full life, and as much as you must miss him, your loss and willingness to stick with this has probably saved another pet, if not a child. I'm proud of you! :)

Ditto! Stryper was very lucky to be your pet, and you are a very brave and strong woman. I'm proud of you, too! :)

[swquilts]

Victory at last!! I'm so glad everything worked out.....now the wait begins to see when he'll pay. And you can bet that if he doesn't the judge can issue a warrant (bench or otherwise) and he'll reallyyyyy pay!

[Beth]

By the way, if Mr N doesn't pay for a while, in most jurisdictions, you are entitled to post-judgment interest on your claim. FYI

[Molli526]

Yay! I am so happy to hear the system worked :)

[wallycat]

I just got back from a trip so am reading some posts a bit late....

YAY for you!!!!!!!!!!!!!!!!!!!!

I didn't know Stryper died. I'm soooooo very, very sorry...I want to dig up the thread where you posted your sorrow and I am so deeply, profoundly sorry for your loss.
You are a wonderful "cat-mommy" for going through all of this so other animals and people don't have to suffer the lot from those dogs & that owner.

[ErinM]

That's so wonderful! I, too, would be interested in knowing if this guy actually pays. He sounds like a candidate for a "Judge Judy" type show...just for the sheer stupidity factor!

I just know that Stryper is looking down on you from kitty heaven saying "Way to stick it to them, Mom! I'm so proud of you!" (Of course, this would be in cat language....)

Justice prevailed, and it's great to see that the system DOES work...sometimes!

[KathrynY]

Way to go Susan!! I know we'd do the same for our beloved kitty if she were ill as you did for your Stryper, and I totally understand - pets are so definitely members of the family. I'm keeping my fingers crossed that it works out with the payment tomorrow. If not, give 'em h*ll!! ;)

[phantomcg]

Susan, that is GREAT news!! You must feel wonderful. It's just too bad that it sounds as if this guy isn't going to learn anything from it!

I hope that he pays without any more problems, you and your family have been through enough because of him.

Cheryl

[MrsReber]

Laura, bizzare only begins to explain the weird people in the courtroom. I am amazed at how blatantly ignorant people are. They had something new there. It was a teleconference call with the county jail. The judge heard from about four people who were in jail for failure to pay fines. What kind of fines? Fines of $150!!! DH could not believe that these people chose to go to jail instead of pay their fines or even attempt to make payments on these fines! We had 2 favorites- one woman who was given a $750 fine and 10 days in jail for accepting money and gifts for sexual favors and one couple who moved out of a rental (two blocks from us!) and took the refrigerator. They wanted the case dismissed since they had to drive 8 hours from their new home to get to the court. Ha ha ha. I guess people just don't understand. All the information they need is available to them- how the courts work, what the statutes say. It just amazes me the no one takes the time to understand these things, especially when they are being charged with something!

The judge really was great. Maybe because he was a new judge. I think he was the prosecutor only a few months ago. He was very much into enforcing the law and making people pay the consequences for their actions. I was a bit impressed with him.

Anyway, thanks everyone. I just had to post as soon as we came home. Like DH said, it won't bring our kitty back. He was a good cat. I still think I see him when I'm leaving for work in the morning. I could swear that he's outside waiting to be fed. Who knows- maybe he is. I'd like to think so, anyway.

[lhall]

Susan,

I'm glad both you and Kyle got a chance to speak before the judge. I'm so happy with the outcome, and I definately hear a purr!

Leigh

[HRJ]

Yay! Justice for Stryper! (And you and DH).

Helene

[nori]

Soooo glad that the end result turned out so well!!! You must be so relieved.

I know Stryper won't be back with you all, but at least justice was served! He must be happy in kitty-heaven.

[hollysmom]

Good thing that you weren't in Texas!

Beth - please confirm...

Usually a judgement in Texas isn't worth much and it is very difficult to make someone pay - you can attach the judgement to the house, but you only collect if they sell...Goes back to homestead laws, property rights, and a certain frontier mentality.

SSM

[Wendy w]

Susan, congratulations on your victory!!!:D I gather that "Mr. N's last name stands for nincompoop??

[Beth]

Judgments for civil actions can be hard to collect in any jurisdiction, but you can file a lien -- sometimes on personla property, but usually on real property.

But since I posted earlier, I have been thinking -- given the way this came about, I think Susan is the beneficiary of a restitution order of the court rather than the holder of a judgement. That's legal talk, I know, but the difference might mean that if Mr N doesn't pay, the court could cite him for contempt. That could result in a fine to be paid to the court or some time in jail to compel his compliance with the court's order. The difference is that it is a court order to pay rather than a judgment that the person should pay another person, and failure to obey a court order is punishable by contempt.

Susan, this may seem like Greek to you, but if the guy doesn't pay or appeal within the 20 days, follow up on it.

edited to say that DH and I reread your first post after the hearing and we think this is the court's restitution order to be paid to the court and that the court can hold him in contempt if it is not paid. I think it is safe to say that the judge was not impressed. Now, generally speaking, Mr N cannot be held in contempt until the appeal period has run -- until then, the order is not considered final. But that could make for a fun New Year's Eve or start tothe new year! ;)

[DebGo]

mrsreber,
pleasantly surprised to hear "justice prevailed" for you. no, it won't bring DK (dear kitty!) back but at least what you've done may have saved other pet owners the heartache you've suffered. you've succeeded in taking dangerous dogs off the streets (literally). hopefully you feel good about that.

i still cry for DK (it's been 1-1/2 months) and keep hoping he'll be sleeping on the bed whenever i come home. i think they'll always have a special place in our hearts.

thinking of you.
debbie

[donleyk]

Susan,

I just wanted to add my congrats, for a lack of a better word. Like others have said, it won't bring your kitty back but justice did prevail.

[linsleyd]

Susan, congratulations, I'm so glad things worked out so well for you! I was a little scared to open this thread to see how things went and needless to say I'm very happy it all worked out! YAY!

[gertdog]

Susan, congratulations! I'm so glad things went well and that you finally saw some justice. And I'm so impressed by your resolve and follow-through to ensure that this guy saw some consequences to his actions.

[Laura B]

Susan, I agree with Beth that this guy can be held in contempt if he doesn't pay. You can probably get enough help from the clerk's office to figure out how to get that ball rolling if necessary.

[lisas3575]

I'm so happy that you got some results after so many frustrating attempts. :)

[RebeccaT]

Susan, congratulations! You got your day in court, and it worked for you! You sound just jubilant about the whole thing.

Beth, Laura, and other legal types on this board - your willingness and ability to give sound advice and counsel never ceases to amaze me. Thank you. :)

[MrsReber]

Beth, I PM'd you with a question, but you may have answered it here already. I will absolutely follow up. I plan on calling the court on Friday to see if he has paid or not. My assumption, based on the judge's comments, was that he'd be in contempt of court if he did not pay. This judge had no patience with people who did not pay or even attempt to pay fines. I was wondering whether I'd have any real basis to enforce the judge's order. He had people sign promises to pay before they left the court house so Mr. N may have had to sign when he went to pay his court fees and fines. I have to laugh at his ignorance. If he pleaded guilty back on October 29th, they never would have set a trial date and I would not have had that opportunity. He really messed things up for himself.

I think the judge was able to see that I acted rationally and attempted to get the information from Mr. N (that really is his name- although I think I like Mr. Nincompoop better :D ) He even admitted that I spoke with him at his house and he refused to do anything. Then he admitted that his dogs were indeed vicious by stating that they routinely attack rats and small animals in their own yard. I am still reeling from the stupidity of this man. I just have to laugh.

Rebecca, I completely agree with you about the sharing on this board. All the attorneys here have impressed me and shown me that there are so many good attorneys out there!

[aggie94]

Originally posted by hollysmom
Usually a judgement in Texas isn't worth much and it is very difficult to make someone pay - you can attach the judgement to the house, but you only collect if they sell...Goes back to homestead laws, property rights, and a certain frontier mentality.

Civil judgments in Texas can be more difficult to collect because Texas laws afford greater protection to the average person with just one house, two cars, furniture, clothing, typical household property, etc. Many more people in Texas would be considered "judgment proof" than in other jurisdictions, and in Texas, you can almost never garnish wages. It makes collection a lot harder, unless you happen to be dealing with someone who has a lot of assets.

[ellamay]

I am so glad that man was finally held accountable for his and his dogs' bad actions. It sounds like he is a real winner :rolleyes: I am so glad Stryper got justice! I hope he is feeling better.

As for the vet bill being too high, that guy must not take his dogs to the vet. It's not cheap, especially when an animal gets injured as badly as poor Stryper was. :(

[Shirley Panek]

Unfortunately Stryper died. MrsReber talks about it in this (http://community.cookinglight.com/showthread.php?s=&threadid=49243&highlight=Stryper) thread.

[MrsReber]

Here's the latest- I called the court today. They said he paid in full! I should get the money after the first of January! I can't believe he paid!

There's something fishy going on with him, though. He told the judge "it's hard enough trying to feed my kids" and then he comes up with almost $5,000 overnight? DH still says he feels bad. I sure don't. He had his chances to talk to me or submit the bills to his insurance. He chose nothing, even after the judge encouraged him. Too bad. I'm sure DH will feel much better when we can pay off the credit card bill in January!

[SueK]

Yeah, Susan -- that's great news!!

[MKSquared]

Susan, I can't believe I missed your report the first time around - your day in court went great! :D I"m so happy to hear he floowed through and paid - don't worry yourself about his suspicious finances. :D

[Canice]

That's great news! Your tenacity really paid off (literally).
And the guy DID have the option of going through his insurance company right up front. Or he could have tried to work it out with you in payments or something. All of this is his doing, so tough on him! Consequences.

[lhall]

YEAH! I'm so glad he paid!

Leigh

[Laura B]

That is wonderful news!! I wouldn't feel bad at all.

Yay!

[MrsReber]

Nah, I don't feel bad! I'm amazed that it all worked out so well- better than I ever could have imagined! It's finally all over. I just wish it never happened in the first place. I think DH feels bad because I know if it were "his" cat, he never would've gone through what I went through. Still, it breaks my heart to hear DD tell me her kitty went bye bye because he was sick. I would've done anything for her sake and mine to keep our fuzzy friend around for a few more years.

[HealthyinMN]

Thats such great news!

[syzygy]

Susan, that's great news! I'm so glad that this worked out for you in spite of all you had to go through. (And I know that you would be so much happier to have a healthy Stryper than all the money in the world, but it's good to know that Justice prevails after all...)

Is that a purr I hear from up above? :)

[RunnerKim]

Whew Susan - glad you are finally getting som closure to this whole ugly thing. And I'm happy the justice system came through for you in the end.

Kim

[Beth]

I have been thinking about you and wondering what had happened. I am so he paid and that you know this part behind you as the holidays begin.

I would not feel badly about Mr N having to pay. From all you have told us about this man, I suspect he is the kind of person who whines and complains and tries to get out of lots of things. I don't know that I would believe that he has a harder time feeding his kids than most of us. What I would believe is that he doesn't like responsibility, complains about it -- whether it's the dogs or the kids, and that to the extent that he has any financial problems, it is his poor choices and lack of responsibility that has put him there.

The one thing that has surprised me is that Mr N wouldn't tell the judge anything about his insurance. I'm sure the judge also felt that fact spoke volumes. I've thought of some possible explanations, and I'm sure there are more, but none I can think of are good ones.

Along with the fact that you will soon get paid for your bills, I am also glad that your town seems to have a promising new judge. :)

[newcook]

I wouldn't feel bad about his having to pay either, I think he probably got the money from the insurance company anyways.

Daniele

[Beth]

Originally posted by newcook
I wouldn't feel bad about his having to pay either, I think he probably got the money from the insurance company anyways.

Daniele

That's a possibility I hadn't considered, but a definite possibility. :rolleyes:

[tamawrite]

Yay! I am so so so glad you've received compensation and the dogs are no longer a problem.

[MrsReber]

Wow, I didn't even think of that! Maybe he did submit the bills since I gave him copies twice. It wouldn't surprise me!

My neighbor across the street called me to tell me they got a contract on their house (they're moving to SC). The people who will be moving in have three rottweilers :rolleyes: .

[donleyk]

My neighbor across the street called me to tell me they got a contract on their house (they're moving to SC). The people who will be moving in have three rottweilers .

OMG!!! What is with people? Okay, to each his own but I wouldn't want to clean that up!

Please tell me that their yard is at least fenced? :(

[MrsReber]

It is a fenced yard, but the fence needs some work. There is currently a pit bull and a boxer over there. They squeeze through the gate when they see the neighbor come across the street, but they're not really trouble. They're not vicious at all. I hope we don't have any problems. I know DH will say something to them. You can bet I'll be on the phone with animal control the second there's a sign of a problem. I don't need to go through this again and I just want my kids to be safe.

[donleyk]

We recently moved out of town and it seems like every house along my street has 1 or more dogs. There are at least 3 rotweillers (2 houses). I have been meaning to stop by when they and their owner are out to introduce myself just in case they are ever loose and come upon me. I don't know how much help that will be.

[colleency]

(((MrsReber))) I'm so sorry that you lost Stryper.

[Leisa M]

Rotts don't have to be vicious. I know a family that has one, and it is a friendly dog. It is all in how they are treated. See link:

http://www.post-gazette.com/pets/19990217pets.asp

[MrsReber]

I've known some that were big babies. Hopefully these will be of the nice variety! The new couple does have a 5 year old son and a baby on the way so I'm hoping these dogs are friendly. I really love dogs and have no problem with them, when properly cared for and restrained. I've owned dogs most of my life and we still have one now. Part of the problem is that there are so many dogs in our neighborhood. I know the new couple is going to have a problem with their next door neighbors. They have a standard poodle and a pit bull (interesting combination) and they currently make lots of noise when see other dogs outside. Should be interesting.

[Beth]

Oh Susan. Nothing is ever simple, is it? Hope that all works out.