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getting sued. is there a specific way to wirte a response ?
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Dolphins82


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PostPosted: Fri Aug 28, 2015 7:18 pm    Post subject: getting sued. is there a specific way to wirte a response ? Reply with quote

response letter to the court?


dog bit neighbor's dog and scratched her arm with his paws. she's demanding $25,000.
I'm not denying responsibility just questioning the amount.


Got served on AUG 10 x10. I KNOW I KNOW. i'm a procrasinating mofo


it says only have 20 days to file a claim. Gonna express mail it to the court tomorow. but then there's sunday. and tropical storm erika might shut down the government buildings monday.




???????


is there a specific format?
what happens if they get it a day late?
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Dolphins82


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PostPosted: Fri Aug 28, 2015 7:19 pm    Post subject: Reply with quote

Dolphins82 wrote:
champ11 wrote:
25k????????? bruh wtf
i knooooooooow bruh.

she wouldn't provide actual copies of receipts.
i went over to her house an added them up it totaled $4107.56 out of pockets. And that's with a $3000 (and it was on the dot 3000) fee from some seemingly bogus little havanna titt doctor.

so really maybe only 1107.56 out of pocket she paid. And she claimed she missed 5 days of work. She's either a tax preparer or para-legal.





fmmmmml @ procrastination

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Jason_Bengal_Fl


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PostPosted: Fri Aug 28, 2015 7:50 pm    Post subject: Reply with quote

Do you have home owners insurance? If so it might cover it. And they will pay for a lawyer.

But your insurance rate may go up. But will probably cost you less than $25K
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Dolphins82


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PostPosted: Fri Aug 28, 2015 7:58 pm    Post subject: Reply with quote

Jason_Bengal_Fl wrote:
Do you have home owners insurance? If so it might cover it. And they will pay for a lawyer.

But your insurance rate may go up. But will probably cost you less than $25K
doesn't cover animal attacks.
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The LBC


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PostPosted: Fri Aug 28, 2015 8:11 pm    Post subject: Reply with quote

Best I could find on a short notice basis was this:
http://www.florida-court-forms.net/answer-to-civil-summons.html

Which seems pretty straight forward.

I would suggest being as honest as possible.

Unfortunately, due to your procrastination I don't know how much success you're going to have with contesting the amount (it certain is worth a shot and if you're honest and straightforward with judge, as well as not disputing liability, you may catch a sympathetic judge), considering you probably would have wanted to consult a lawyer as to what the standard for pain and suffering payouts are in your state. As is, "medical costs," particularly if she doesn't have health insurance could pretty easily total $25k with how much hospitals love to mark-up every little thing they can for the benefit of their shareholders. And if she's retained a lawyer, they're likely using the hospital cost rather than her out of pocket cost, even if she does have insurance.

As for any further assistance on here... my suggestion would be to PM fretgod99 and pray he sees it in time. He won't be able to speak to statutes in your area, but he's at least someone who has gone through law school and passed the bar.

Edit: Here's the specific part of Florida (I'm assuming that's where you're at) Tort statutes regarding Damage by Dogs:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/0767ContentsIndex.html&StatuteYear=2011&Title=-%3E2011-%3EChapter%20767

Hope it helps.
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Last edited by The LBC on Fri Aug 28, 2015 8:17 pm; edited 1 time in total
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mission27


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PostPosted: Fri Aug 28, 2015 8:12 pm    Post subject: Reply with quote

Keyser is also a lawyer but he hasn't read a pm since at least the Hoover administration
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Dolphins82


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PostPosted: Fri Aug 28, 2015 8:16 pm    Post subject: Reply with quote

The LBC wrote:
Best I could find on a short notice basis was this:
http://www.florida-court-forms.net/answer-to-civil-summons.html

Which seems pretty straight forward.

I would suggest being as honest as possible.

Unfortunately, due to your procrastination I don't know how much success you're going to have with contesting the amount (it certain is worth a shot and if you're honest and straightforward with judge, as well as not disputing liability, you may catch a sympathetic judge), considering you probably would have wanted to consult a lawyer as to what the standard for pain and suffering payouts are in your state. As is, "medical costs," particularly if she doesn't have health insurance could pretty easily total $25k with how much hospitals love to mark-up every little thing they can for the benefit of their shareholders. And if she's retained a lawyer, they're likely using the hospital cost rather than her out of pocket cost, even if she does have insurance.

As for any further assistance on here... my suggestion would be to PM fretgod99 and pray he sees it in time. He won't be able to speak to statutes in your area, but he's at least someone who has gone through law school and passed the bar.
she does have health insurance. it covered everything besides the dog injuries (which I reimbursed her for the following day of the incident)



Should I note the discrepancies in here receipts vs the amount she asking for? Because like you stated she's clearing using the hospital cost vs her out of pocket cost.

Or do I not put that in my response letter?
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l3lind golfer


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PostPosted: Fri Aug 28, 2015 8:17 pm    Post subject: Reply with quote

i get sued all the time. here's some tips.

1. you should be able to go down to your local courthouse and get free advice from a person there. they will help you accurately write a statement.

2. last time i got sued it was by a company. there should be a contract address and phone number for the defendant or their lawyer. i called them and was actually able to come to an agreement and they contacted the court for me and there was no further action required (i didn't have to appear in court).

3. i did write a statement, but i'm not sure what exactly to write in your case. basically, these are really short tho.

you name, address and a statement that you simply agree to the charges or disagree. since it is your neighbor, you literally should have been able to do this in person.
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Dolphins82


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PostPosted: Fri Aug 28, 2015 8:20 pm    Post subject: Reply with quote

Dolphins82 wrote:
The LBC wrote:
Best I could find on a short notice basis was this:
http://www.florida-court-forms.net/answer-to-civil-summons.html

Which seems pretty straight forward.

I would suggest being as honest as possible.

Unfortunately, due to your procrastination I don't know how much success you're going to have with contesting the amount (it certain is worth a shot and if you're honest and straightforward with judge, as well as not disputing liability, you may catch a sympathetic judge), considering you probably would have wanted to consult a lawyer as to what the standard for pain and suffering payouts are in your state. As is, "medical costs," particularly if she doesn't have health insurance could pretty easily total $25k with how much hospitals love to mark-up every little thing they can for the benefit of their shareholders. And if she's retained a lawyer, they're likely using the hospital cost rather than her out of pocket cost, even if she does have insurance.

As for any further assistance on here... my suggestion would be to PM fretgod99 and pray he sees it in time. He won't be able to speak to statutes in your area, but he's at least someone who has gone through law school and passed the bar.
she does have health insurance. it covered everything besides the dog injuries (which I reimbursed her for the following day of the incident)



Should I note the discrepancies in here receipts vs the amount she asking for? Because like you stated she's clearing using the hospital cost vs her out of pocket cost.

Or do I not put that in my response letter?
also I've basically done the everything the link says....but I've also added essentially a synopsis for why I'm asking for a reduction for the amount she's asking for.
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The LBC


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PostPosted: Fri Aug 28, 2015 8:37 pm    Post subject: Reply with quote

Dolphins82 wrote:
The LBC wrote:
Best I could find on a short notice basis was this:
http://www.florida-court-forms.net/answer-to-civil-summons.html

Which seems pretty straight forward.

I would suggest being as honest as possible.

Unfortunately, due to your procrastination I don't know how much success you're going to have with contesting the amount (it certain is worth a shot and if you're honest and straightforward with judge, as well as not disputing liability, you may catch a sympathetic judge), considering you probably would have wanted to consult a lawyer as to what the standard for pain and suffering payouts are in your state. As is, "medical costs," particularly if she doesn't have health insurance could pretty easily total $25k with how much hospitals love to mark-up every little thing they can for the benefit of their shareholders. And if she's retained a lawyer, they're likely using the hospital cost rather than her out of pocket cost, even if she does have insurance.

As for any further assistance on here... my suggestion would be to PM fretgod99 and pray he sees it in time. He won't be able to speak to statutes in your area, but he's at least someone who has gone through law school and passed the bar.
she does have health insurance. it covered everything besides the dog injuries (which I reimbursed her for the following day of the incident)



Should I note the discrepancies in here receipts vs the amount she asking for? Because like you stated she's clearing using the hospital cost vs her out of pocket cost.

Or do I not put that in my response letter?

You could, but I doubt it's going to matter a ton. Her insurance rate is going to go up because of them having to pay for the treatment, so that's going to be factored in. You can certainly note it, but your best hope in that instance is catching a sympathetic judge - or one that enjoys shutting down ambulance-chasing lawyers (not saying she has one).

The national average payout for claims like this is $26k, so she's actually seeking less than that - which isn't working in your favor. This is basically telling that the precedent is for the courts to use the hospital costs versus actual costs. Had you more time, I'd say your best bet would have been to try and settle this as much out of court as possible. I would certainly note in your report any and all attempts to reach an outside settlement - including any expenses of hers you already reimbursed her for.

I didn't see anything in Florida law, but some states do have "First-Bite" laws which don't hold the owner liable until the animals "vicious propensity" has been established.
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jrry32


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PostPosted: Fri Aug 28, 2015 9:06 pm    Post subject: Reply with quote

mission27 wrote:
Keyser is also a lawyer but he hasn't read a pm since at least the Hoover administration


He couldn't give legal advice. Same with fret.

Dolphins, I recommend calling the clerk of the court or whomever you're supposed to send the document to and get their advice.
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jrry32


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PostPosted: Fri Aug 28, 2015 9:24 pm    Post subject: Reply with quote

But seriously, you have to get it in by that 20 day deadline. This is about the worst thing you could procrastinate on.

Make sure that you do everything you're supposed to as well.(like sending a copy to the plaintiff as the link says)
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KingBishop wrote:
JammerHammer21 wrote:
Jarvis looked like a slug on and off the field.

Off the field? Like when he is grocery shopping, does he block the freezer aisle with his sluggish selection of which hungry man to buy?
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titans0021


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PostPosted: Fri Aug 28, 2015 9:44 pm    Post subject: Reply with quote

I procrastinate with the best of them, but man, on a $25,000 lawsuit? Legit impressed.
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PostPosted: Fri Aug 28, 2015 10:05 pm    Post subject: Reply with quote

titans0021 wrote:
I procrastinate with the best of them, but man, on a $25,000 lawsuit? Legit impressed.


Laughing

Yeah I got a kick out of that too. Hope everything works out for you, but really, this wasn't the immediate first thing top priority for you from day 1? Laughing
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RuskieTitan


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PostPosted: Fri Aug 28, 2015 10:06 pm    Post subject: Reply with quote

Also: While I have no idea how to write a response, I will say that I know a guy who knows a guy who knows a guy who can make this problem 'disappear'. Will probably run you less than $25,000 as well.
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