Michigan Thread - all are welcome!

[Totalcolour]

.UUUUUUGH. Time to be a big girl and call the guy on the corner about reimbursing us for our chickens. Yes. It's been 4 months and he still hasn't paid us for the TWENTY SIX dead birds. I almost want to say, "you need to pay me or I'm going to take you to small claims court" but I don't actually WANT to take him to small claims court, and that he'll think I'm daring him to not pay and see if I really mean int. I just want him to pay me a REASONABLE amount for my losses, and be done with it.

Anyone have any words of wisdom for key phrases that I could throw at him during what is sure to be an unpleasant exchange?

That's awful that you are in that situation. I know in some states, you have to pay 3 TIMES the value of the animal that was killed (I know, because I had to pay for a sheep my dog attacked). You could mention that to him, and then say you only want the actual value because you really don't want to go to court. Letting him know you could get more by going to court might make him see reason!

26 birds @ $10 = $260

3 times that is $780 big difference

 

[Stacykins]

.UUUUUUGH. Time to be a big girl and call the guy on the corner about reimbursing us for our chickens. Yes. It's been 4 months and he still hasn't paid us for the TWENTY SIX dead birds. I almost want to say, "you need to pay me or I'm going to take you to small claims court" but I don't actually WANT to take him to small claims court, and that he'll think I'm daring him to not pay and see if I really mean int. I just want him to pay me a REASONABLE amount for my losses, and be done with it.

Anyone have any words of wisdom for key phrases that I could throw at him during what is sure to be an unpleasant exchange?

Yea, probably something you will just need to get over with. Perhaps an in person visit, rather than a call? Might spur action faster.

 

[uchytil]

Sad start to my day. My son woke me with the news that he thought his cat was dead. There was something between the chimney and house. I checked. Yes, our adorable 3-legged kitty had been mauled by something. He died right next to a nest of about a dozen eggs, which means our pullets from the first spring hatch have started to lay.

We keep our breeding flock as free rangers, and the egg flock is locked up in coop and run.As soon as I opened the run door to go in to feed my layers, one of my breeders (not sure if a mama or a pullet) darned near ran me over to get inside the 'safe house'. So, whatever killed the cat has scared the heck out of my birds, too.

Sorry about that!

 

[preciouskitty]

Yea, probably something you will just need to get over with. Perhaps an in person visit, rather than a call? Might spur action faster.

I kind of agree with the "in person"; of course, the hard part will be being in the right frame of mind as not to appear confrontational, just reasonable. That can all be blown to heck, however, depending on HIS attitude!

I also like Totalcolour's point, because , if I recall, Michigan has a similar law.

I can't remember how old your birds were (thus, how much $ invested)... And geesh, I didn't realize it was TWENTY-SIX!!

You are right, tough situation. But you deserve your compensation, and he said he would give you restitution....definitely time for a reminder.

 

[Elyssia001]

Perhaps also opening with a comment that shows good faith in him could start things on a positive note, such as "I'm sure you haven't forgotten but-" or "You've probably been busy since we last talked..."

This is about his dog killing your birds right? If it is, it would seem that the court can order the animal killed if you persue litigation. You could use that as a threat if things turn ugly. Here's what I found online about it:

287.280 Loss or damage to livestock or poultry caused by dogs; complaint; examination; summons; proceedings; killing of dog; liability of owner or keeper.
Sec. 20. If a person sustains any loss or damage to livestock or poultry that is caused by dogs, or if the livestock of a person is necessarily destroyed because of having been bitten by a dog, the person or his or her agent or attorney may complain to the township supervisor or a township officer or other qualified person designated by the township board of the township in which the damage occurred. The complaint shall be in writing, signed by the person making it, and shall state when, where, what, and how much damage was done, and, if known, by whose dog or dogs. The township supervisor or a township officer or other qualified person designated by the township board shall at once examine the place where the alleged damage was sustained and the livestock or poultry injured or killed, if practicable. He or she shall also examine under oath, or affirmation, any witness called. After making diligent inquiry in relation to the claim, the township supervisor or a township officer or other person designated by the township board shall determine whether damage has been sustained and the amount of that damage, and, if possible, who was the owner of the dog or dogs that did the damage. If during the course of the proceedings the owner of the dog causing the loss or damage to the livestock becomes known, the township supervisor or a township officer or other person designated by the township board shall request the district court judge to immediately issue a summons against the owner commanding him or her to appear before the township supervisor or township officer or other person designated by the township board and show cause why the dog should not be killed. The summons may be served anyplace within the county in which the damage occurred, and shall be made returnable not less than 2 nor more than 6 days from the date stated in the summons and shall be served at least 2 days before the time of appearance mentioned in the summons. Upon the return day fixed in the summons the township supervisor or township officer or other person designated by the township board shall proceed to determine whether the loss or damage to the livestock was caused by the dog, and if so he or she shall immediately notify the sheriff or the animal control officer of the county of that fact and upon notification the sheriff or the animal control officer shall kill the dog wherever found. Any owner or keeper of the dog or dogs shall be liable to the county in a civil action for all damages and costs paid by the county on any claim as provided in this section.
History: 1919, Act 339, Eff. Aug. 14, 1919;--CL 1929, 5264;--Am. 1937, Act 47, Imd. Eff. May 18, 1937;--CL1948, 287.280;--Am. 1968, Act 38, Eff. Jan. 1, 1969;--Am. 1972, Act 349, Imd. Eff. Jan. 9, 1973;--Am. 1989, Act 45, Imd. Eff. June 12, 1989.

There's more on the whole process and paper work on the website as well.
http://www.animallaw.info/statutes/stusmist287_261_395.htm

 

[RTFchickens]

Any idea if this would be a homeowners insurance thing? I'm out of my league here, but just curious...

 

[Elyssia001]

I think Homeowner's only covers a dog biting a person, not another animal.

 

[RTFchickens]

Shucks, that stinks... Sorry...

 

[preciouskitty]

[VIDEO][/VIDEO]

Any idea if this would be a homeowners insurance thing? I'm out of my league here, but just curious...

I think this is an interesting question. Not because I think that HO would cover it, but because in the last few days there have been several comments that it is important that we check with our HO if ANYTHING ( eg, coop storm damage, etc) chicken related is covered OR, worse yet, if anything is no longer covered because we own chickens! Kind of like some policies liabilities are "void" if you own certain breeds of dogs...

 

[preciouskitty]

Oh, and , pretty soon I m gonna have to check if MY HO covers DUMB birds that think it is really cool to go to my neighbor's new, beautiful, plant /flower garden around a beautiful oak tree & TRASH parts of it. I cannot believe the damage they can do in 10 minutes or less. She has put this garden in all in prep for her daughter's wedding next summer & it is ready beautiful .. But will be spectacular next year if my birds don't kill everything before they start to take.

They have all been confined to the pen for the rest of the day. Their fault. They only got 3 hours out today. They have my 5 acres, 80 acres of woods, BUT NO, let's go scratch all the mulch next door, & "ooh, look, a HOSTA". Neighbor threatening to make them soup...she's is somewhat kidding as she loves the birds too..but, not overly pleased when they get in garden.

We are trying to decide whether to put some chicken fence up between our properties for now, but then, they have 2 year old labs that love to run thru both our properties ....& I love Addie & Zoe visits, too...and we have all been working very hard to get labs acquainted w/the chickens .... (Meaning neighbor even more concerned than I am when labs get off their leads accidentally )

Argh. Silly birds.