Need some advice on restitution please

[michelle1017]

Okay guys, my first time posting in this section and first predator problem. I will give a bit of background, but I really just need help on figuring restitution, not a lecture on birds/dogs, etc. Thanks in advance!

I get a call from my 16 year old son at work today telling me he is calling the sheriff's office. The neighbor's german shephard got into our meat turkeys. It already had one killed and another in his mouth when he got out there. He had to let the dog out!! Anyway, the deputy came, assured us that it is within our legal right to dispose of said dog if needed, advised us to seek restitution and sent the neighbor over. She apologized all over herself and said she would pay if we gave her an amount.

The meat turkeys are about 4 months old. One is dead, the injured one has a broken wing with 2 large puncture marks and probably won't make it. My question is: what are the 2 worth? ask for the time I had to leave work? Charge her for the wound spray we are using to doctor him? I want a fair number to throw out. If she doesn't accept it I am very willing to go to small claims court to get it. Reason being, it is not the first time their dogs have been in my yard eyeing the birds and I have not seen them take responsibility to control them.

I hope this makes sense. I tried to make it as brief as possible without making it a long drawn out story.

Thank you for your help!

 

[nnbreeder]

A good start would be if you had copies of the original purchase price and copies of the feed that you had given them to date. Around here a full grown turkey is going for about 40-50 dollars at auction but you might call around in your area to see.


Plus any damage to fencing, time lost from work and meds used in the recovery of the other bird should also be able to be recovered.

 

[horsejody]

You can either figure the cost of poults plus all of the feed it took to get them there plus some for time and labor. Or you can estimate the weight of the birds and figure a per pound value. I had a turkey killed by 2 dogs years ago. She weighed about 40 pounds. I contacted a local backyard producer and was quoted a price of $2 per pound live weight. The dog owner had to pay me $80 for that turkey. That was a few years ago, and local prices for homegrown birds may vary by region.

BTW that bird was actually a pet. My daughter and I and various neighbors were bawling our eyes out, and the poor deputy was nearly in tears as he kindly put the injured bird out of her misery. Then the dogs' owner said they were vaccinated and admitted they didn't get out by accident. The deputy called the vet and found out that he lied about the shots. He arrested the guy. This was on the Friday before Labor day and the dog owner had to sit in the look up for the whole long weekend. I love our Sheriff's Dept.

 

[michelle1017]

Quote:
Our deputy that came out was really helpful and awesome about the whole thing. He told us our rights as far as the dog goes, explained he would send them over for restitution and also how to go about small claims court, etc. I was just wondering what exactly to charge for. The lady came over and told me to let her know what they owe, but not sure it will be paid. They are the same owners whose pit bull attacked the other's neighbor's dog on its own front porch, so I am not holding out hope.

I am sorry for the loss of your turkey. We have 4 meat ones, but the rest, the chickens, ducks, geese, guineas, goats, etc are all pets to us and if he had gotten a hold of one of them, it would have been an entirely different story!

When I decide on an amount, how do I present that to her? Verbally or in a letter? My sister is a lawyer so it would be no problem to have something official looking to give to them.

 

[michelle1017]

Btw, we do have all receipts since son raises everything as his FFA project. Do I attach copies to present to them?

 

[EweSheep]

Yes and have it in writing. If you do it by verbal, it would be the case of "she said, you said".

 

[Sillystunt]

send her a signature required bill in the mail. State she has 30 days to pay or you will be forced to go to court. I am sure she doesn't want to pay for court costs as well!
Good luck~

 

[michelle1017]

Thank you everyone for all your help! I will sit down and try to figure all this out!

Edited to ask: Can my son send the letter/sue all that stuff since they are his birds but he is only 16 or do I as a parent need to? And, didn't horsejody post a form letter to go by that I can send to them? Link?

 

[horsejody]

Quote:
Here is a copy of my letter to the neighbors. Adapt it to your situation.

Jody B
my address
Waterloo, NE 68069
phone #

November 24, 2008


Mr. V
Neighbor' address
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

 

[calicokat]

You know, since she offered to pay restitution, I might back off the wording in Jody's letter just a bit. If she doens't follow through with payment, then send one more like it.

And I'd start with a line that reminds her she already agreed to pay for the damage (hopefully Mr. Police Officer was present when she did???)

I'm contacting you about the financial restitution you agreed to pay for the damage your dog did on xxxxx date.

Good luck and keep us posted.