Texas

[Italia]

Vladsko, I'm really sorry about your chickens. I am not a lawyer, but have had to use the legal system to get what was rightfully mine. I think I read recently that someone on this forum went to law school, perhaps they will comment as well.

You have a few options on how to handle this. Basically, you can demand compensation and if you are not satisfied take it to small claims court or you can just let it go.

Yes, you are entitled to financial compensation for the value of the dead chickens and probably nothing more. The courts are only interested in your financial loss. How much were your 23 chickens worth? I suspect their market value is less than $500, probably less than $300. Once you put the value on your loss, you can decide how much effort and resources, both financial emotional, you wish to expend to recover your loss. You balance financial loss versus aggravation and stress. Don't underestimate the amount of stress involved regardless of your being the wronged party. Legal proceedings and disputes like this take a tremendous toll on people.

Bottom line, only you can decide if it is worth it. It is hard to walk away from something when the law is clearly on your side and you have been financially damaged, but sometimes the costs are just not worth it.

I have some thoughts of what might be going on in your neighbors' mind.

1. The neighbor might have been in absolute shock at what happened. It can be pretty upsetting for people to find that their beloved pet just slaughtered their neighbor's animals. They will go through all the stages of grief--because I am sure there is a lot of grief involved in this for them--shock, denial and anger. Expect that they won't necessarily do the right thing. They, too, are traumatized by this.

2. The neighbor might be afraid of what will happen. Your neighbor might not be in a financial position to come up with the money to replace the chickens plus the fines. That may be a very real survival issue for them. They might be afraid that there will be a horrible feud started. They might be afraid that they can't control their dog and you'll respond as most farmers do and shoot their beloved pet. They might be afraid that they will be forced to relinquish their dog. There are all kinds of reason why your neighbor is afraid.

3. Of course, there is the possibility that they are just plain jerks, but try to give them the benefit of the doubt and take the moral high ground. You will be more at peace with yourself throughout this process and after, whatever the final resolution, if you take your emotions out of this. I know how challenging taking emotion out of it will be, believe me, but try. Their being jerks doesn't affect how you deal with this.

I would recommend you draft a letter up outlining exactly what happened. Something like, On (date) your dog came on my property and killed 23 of my chickens. The replacement value of those chickens is $----. And then ask to be compensated. Write the letter once, let it sit for some time, go back to it and take out all the emotion. Think of it as a bill you are sending them. Make copies, deliver the letter and wait. If nothing happens (and that wouldn't be unusual since they are probably as upset about this as you are, you might write another simple letter, again asking for compensation and mentioning writing the first letter. You could pay a lawyer to draft the letter, but is it worth the $100 or so? I don't think so.

It gets tricky if they don't now approach you to work something out after receiving the second letter. Yes, you can go to small claims court and will get a judgement in your favor, but you might never receive a penny. The law doesn't work the way you see it on TV--judgments often go unpaid. My own lawyer told me he had thousands and thousands of dollars of judgments in his favor that he'll never recover. If a lawyer can't get his own money, expect it to be difficult for you to get what is due you if the neighbor digs in. It's an eye opener to be involved in a civil case when you are clearly in the right.

There are tremendous emotional costs in being involved in a legal dispute--and whether or not this goes to court, it is a legal dispute. Think long and hard about what it would be like to live next door to a neighbor you are taking to court or are continuing to demand compensation for your loss.

Good luck.

I think the advice about the emotional strain is really great advice. We had to go against a neighbor that was shooting into our land. It became so stressful that my gums began to bleed and I was getting panic attacks. Lawyers are not cheap either. I am not saying do not do anything, but just please be careful about your emotional well being during all of this. After the side effects of our neighbors carelessness I could see first hand how stress effects the body. I wish you the best.

 

[Italia]

We had fireflies this year. First time I've seen them in probably 5 years! My kids were SO excited.

And no offense, Italia, but you can absolutely keep the tarantulas. Please keep them. Give them sanctuary. (Cause if I remember correctly, you're on the other side of the state from me.)

I don't DO spiders, particularly giant hairy ones.

No worries, they are not for everyone. No offense taken. We have everything you could have out here and I got to know when to pick my battles. Right now I am at war with fire ants. I like to be chemical free out her but this morning I saw fire ants crawling through a thick layer of D.E. that I keep under the feeders. I am getting ready to go nuclear on those punks. I am soooooooo sick of getting bites all over my poor flip flop clad feet! Maybe someday I will learn to put on real shoes.

 

[Italia]

except they are gorgeous and fun to have...we enjoy them crowing

My husband loves the crowing. I have used this to my advantage. I told him if he likes the noise of the roosters he will just love peacocks. Ha ha. So now I have permission to get some just gotta find some that I do not have to sell some of my organs first to afford them.

 

[TexasLisa]

No worries, they are not for everyone. No offense taken. We have everything you could have out here and I got to know when to pick my battles. Right now I am at war with fire ants. I like to be chemical free out her but this morning I saw fire ants crawling through a thick layer of D.E. that I keep under the feeders. I am getting ready to go nuclear on those punks. I am soooooooo sick of getting bites all over my poor flip flop clad feet! Maybe someday I will learn to put on real shoes.

I know what you mean about putting on real shoes. Last year I broke down and bought a pair of work boots. This from a girl who loves to go bare-footed! I haven't had any ant bites this year because of them.

I love tarantulas. They are fun to play with. I also like the wolf spiders. What area really pretty are the black/yellow garden spiders. Their webs are awesome. (When you homeschool, you run across some interesting subjects.

)

Lisa

 

[Italia]

I know what you mean about putting on real shoes. Last year I broke down and bought a pair of work boots. This from a girl who loves to go bare-footed! I haven't had any ant bites this year because of them.

I love tarantulas. They are fun to play with. I also like the wolf spiders. What area really pretty are the black/yellow garden spiders. Their webs are awesome. (When you homeschool, you run across some interesting subjects.

)

Lisa

Run into them is right. Those big yellow and black ones I guess you are speaking of banana spiders? I can't tell you how many times I have been walking through trees and walk right into one of those face sized spiders. That is when I scream like a five year old girl and run off doing the monkey dance.

. I love it that you home school.

 

[uglychickens]

I know what you mean about putting on real shoes.  Last year I broke down and bought a pair of work boots.  This from a girl who loves to go bare-footed!  I haven't had any ant bites this year because of them.

I love tarantulas.  They are fun to play with.  I also like the wolf spiders.  What area really pretty are the black/yellow garden spiders.  Their webs are awesome.  (When you homeschool, you run across some interesting subjects. )

Lisa

You homeschool your kids! Wow that rocks!! It takes a special type of person to have that lvl of patients, I would never dream that I could do it!!!

 

[Italia]

O.k. So today is going to be a fun day today with the chickens. Gonna bombard you guys with some pics later! Have a great day everyone.

 

[jajeanpierre]

My husband loves the crowing. I have used this to my advantage. I told him if he likes the noise of the roosters he will just love peacocks. Ha ha. So now I have permission to get some just gotta find some that I do not have to sell some of my organs first to afford them.

Peacocks are fantastic alert birds. My neighbor has some and I love them. They let you know whenever things are not right in the world. If an unusual truck drives down the road, they alert. If a hawk is about, they alert. The chickens learn to pay attention to the other birds' alarm calls. I was surprised that the peacocks didn't alert when my parrots buzzed right over their heads the other day. They must now know my parrots are not a threat, but it still surprised me they just calmly stood there when a huge red bird with a 4-foot wingspan swooped down inches from their heads.

My parrots pay attention, too, so between the peacocks, my neighbor's rooster and my parrots (who alert for hawks), we've got a pretty good alarm system for predators in the sky and sometimes for foxes. My own free ranging chickens are a little young to be very vigilant, but they are learning. This morning my parrots were yelling about some sort of avian monster in the sky (usually a harmless vulture) and my chickens were all on alert, looking for the danger.

The down side of peacocks is they have a call that sounds like a woman screaming, Help Me! Neighbors often really hate having peacocks around. I would love to have peacocks, but I think I've pushed the limit of my neighbor's patience with my parrots and a rooster or two.

 

[Jungleexplorer]

Hello everyone. I lost 23 chickens to a dog attack this past Saturday. It was horrible. My neighbor's dog got out of their yard, pushed my gate enough to get in and attacked my chickens. My bestfriend came home while the dog was attacking them. He killed 15 meat birds 3 bantam Cochin and 5 blue laced red wyandottes. He killed my two favorite foley blue laced red wyandottes. The police came and made a report and animal control came and took the dog. I was at work when it happened. I talked to the officer who was at my house and o course he told me to talk to my neighbor and work things out. I spoke with the owner and I was trying to tell her all I've lost. And she said she had some fines she had to pay because of her dog being taken to the pound.I was rrying to resolve the problem but she told me to talk to her husband but as far no one has made the attempt to contact me. One of my chickens was inthe alleyway when I got home and I saw them taking pictures. Ao I went to my backyard to call her. All I got from my neighbors was dirty looks. I don't want to take them to court, but what else can I do?

Best advice I ever received here on BYC about dealing with chicken killing dogs. Follow the 3 S rules. Shoot, Shovel and Shut up.

 

[vladsko]

My bestfriend came in the yard and the dog tried to come at him but stopped. He went and grabbed a gun and when he cameback the dog ran out of the yard into the alleyway. He ran after it with the gun while he called the police. I was at work when this happened. That dog would of died on my property if I would of been home. I love dogs and other animals but there is a line that doesnt get crossed. If that line is crossed and my family my friends myself and my property is put in danger it will be defended.