Dog killed a duck, I asked for $50....

[cjeanean]

I still have the duck, I wasn't sure if I'd need it if the sheriff came out. I'm going to take pics. The kids all saw the dog and they saw the dogs nose bleeding, and the guy admitted that he knew I had shot his dog. That means the only way I could have shot his dog is if his dog was the one that killed my duck, cause I sure as heck didn't shoot any other dogs yesterday LOL. Just cross your fingers for me and say a prayer, I just hope I'm not being too stubborn about it. The whole do unto others thing....

 

[horsejody]

Quote:
Make a report anyway. That way there is a papertrail and evidence of past problems when it happens again. Trust me, it will happen again. Then he will swear it was his first offense and get off easier with the judge.

 

[Boyd]

Quote:
Girly, fair warning, an air rifle is considered a firearm in about every area I know of... its dumb and I don't agree with that but.. could be in a heap of trouble if that's the city ordnance/law

 

[deek248]

shoot the dog and sue him for the cost of the bullet

 

[cjeanean]

Quote:
Hubby's not on paper, and we checked to see if it was legal to have the pellet gun. It can't be any weapon that requires combustion, except for a muzzleloader. Unless you're talking about discharging the pellet gun in our neighborhood......? We're in the county, not city.....

Oh, and although I'm not asking for compensation for it, can I include lost profits in the itemization? Just to put it in perspective? I mean, is it reasonable to request lost profits if we were actually going to court?

 

[Boyd]

i guess I'm kinda confused on the issue but being confused is nothing new for me

 

[cjeanean]

This is the letter I'm gonna give him today:

February 16, 2010

RE: Compensation For Livestock/Property Damage


Below you will find an itemization of the cost of replacing the female duck (hen) that was killed by your dog on February 15, 2010. The amount of $50 is being requested as compensation for the loss. Please note that the actual cost of replacing this hen is higher than the requested amount. I am not seeking full compensation, only what is reasonably necessary to replace the animal that was killed.
Although I understand difficult times, I do ask that payment is made in a timely manner. Due to the fact that one laying hen can take up to six months to mature and begin laying, I need to begin raising a replacement as soon as possible. For this reason I am requesting that the amount be paid in full by February 24, 2010.
Thank you for understanding the situation. Please know that I do not wish harm on anyone’s pet; however, I will defend my livestock from wild or domestic predators if need be in accordance with the law. Feel free to contact me at the phone number listed below if you have any questions.

Holderreads Farm

Adult Hen:

NPIP Certified Adult Khaki Campbell Pullet: $18.00
Shipping Box: $ 9.00
Minimum Shipping Estimate: $49.00

TOTAL: $76.00

Local/Mail-Order Hatchery

Duckling Raised to Laying Age:

Pre-Sexed, NPIP Certified Duckling: $ 4.60
Feed Costs, 6 Months: $30.00
Bedding Costs ($5.99/bag, 3 bags): $17.97
*Profits Lost, 2.5 dozen eggs/month
for 4 months @ $5/doz: $50.00

TOTAL: $102.57

*Based on the difference between the start of laying season (April) and the estimated start of lay for the replacement hen (August) if the replacement is purchased by March 2010.

 

[greenfamilyfarms]

Make sure you get him to SIGN it, if you have not already.

 

[horsejody]

I will tell you what I was told by a lawyer. You are under no obligation to tell the dog owner how you arrived at the amount you are asking for. You may have to explain it to the judge in court, but not the dog owner. Here is the letter I used.

Jody B
XXXXXXXX
Waterloo, NE 68069
phone #

November 24, 2008


Mr. V
XXXXXXXXX
Waterloo, NE 68069

Re: Damages incurred from your dogs attacking my poultry

Dear Mr. V:
The purpose of this letter is to attempt to resolve the issue of damages arising from your dogs attacking my animals.
As you know, the incident happened on October 23, 2008 in the following manner. Your dogs left your property, entered mine, attacked and killed my birds. Thirteen birds were killed, a vet bill was incurred, I had to leave work early, a cage was damaged in the coop and a lot of feed was spilled. The information about the incident was confirmed by witnesses. You are responsible for this incident because your dogs were not contained on your property.

As a direct result of this incident, I have incurred losses in the amount of $xxx. In addition to my costs, I have suffered another loss that in many ways has been more hurtful. The birds were hand raised by my family and me. They were all healthy. Some were rare breeds that are expensive and difficult to obtain. Our birds have great sentimental and emotional value to my entire family. Their suffering and death has caused a great deal of pain in this house. Because you also are a pet owner, I assume that you understand the terrible ordeal that a pet owner incurs when an incident like this takes place, so I will not describe the details, although I could.
In order to avoid the time and expense of formal civil court proceedings, I suggest that we resolve the issue of restitution. You clearly are responsible for all of the losses that resulted from this incident. There is no question that my losses total $xxxxx. There also should be little doubt that my family and I have suffered greatly because of what happened. Instead of civil court proceedings, I propose that these damages be paid by you to me by December 5, 2008. I believe that this amount is less than what I am entitled to receive, but I would give up the rest if it were paid by that date.

If you intend to accept this settlement proposal, you must sign the bottom of this letter and send it back to me within one week from today. Should you need further information [or more time for payment], or if you have questions or comments, please contact me within one week from today.

Sincerely,
Jody B

Of course, the letter was just a formality. I knew that the idiot had no intention of paying. His dogs had been a problem for other neighbors. He claims to love them, but I guess he doesn't love them enough to keep them in his yard or take responsibility for them. My son was home when it happened. If I was home, they would have been shot.

 

[cjeanean]

Thanks for that, horsejody....Really I itemized it so he could see that I'm not just yanking his chain about a duck costing $50. I know that before I raised them I never would have thought they'd cost that much, and I offered to do it just so he knows I'm not trying to screw him. Now, if he doesn't pay the amount that I've asked for it's a whole different story, and I can guarantee he's gonna get the letter u just posted with my info "filled-in-the-blanks". I'm trying to be as nice about it as possible, I know that it was 100% his fault but this is the very first time this has happened. I'm gonna save the BYC-crazy for later if need be

The problem is gonna be if he really wants to take it any further then the profits lost are gonna go up substantially. I don't know if he's gonna be one of the classic neighbors from hell that I always read about on here, so I guess I'm just testing the waters. Hubby thinks we should take it to court if we need to, and I know I have a case.

I'm gonna be dropping the letter off to him later tonight, so we'll see how it goes.