Poll: SSS Or KISS

[fantasymaker]

?Youve just lost $4000 worth of livestock to the neighbors pets,Do you Shoot,Shovel,Shutup, OR Kill It and Sue Stupid (owner)?

[fantasymaker]

You have just lost $ 4000 in livestock to your neighbors pet dogs do you;
Shoot Shovel Shutup
OR
Kill IT,Sue ,Stupid (owner).

[wr]

I would want compensation for that kind of loss but I do know that quite freqently winning a judgement is one thing and getting compensation is a whole other matter.

[CoonXpress]

If you SSS, you can't be reimbursed for the losses.

WR, if you win a case, and they don't pay, you can have a lien against they're house/vehicles.

Will

[TxCloverAngel]

I'm in the process of trying KISS

[TxCloverAngel]

double post?

[MELOC]

what does one's income have to do with anything?

[fantasymaker]

Txclover your thread is why I asked.
Meloc If i make $8000 I thought $4000 might be morei mportant than getting along with the neighbors

[TxCloverAngel]

I figured it was.

But to me.... $4000 loss because of someone else's negligence is worth pursuing no matter how much I make. How else will they learn? I have asked them to control their animals several times. Hit em in the pocketbook.

P.S. we make more than $25,000 per year.... But there is NO way that we can afford to lose $4000 + the feed I bought.. etc etc etc.....

[CoonXpress]

Dana, before the dogs become dead. Take pictures of the dogs at the owners house. That way the owners can not deny that they're not his dogs.

Also, after you kill the dogs, call the owner and have them pick the dogs up. Odds are excellent that they will sue you for killing the dogs(Yes it's a good thing). Countersue, with them suing you, it's clear cut as to the dogs ownership.

At court, don't forget the contracts/witnesses of the $45 turkeys, have to have plausible proof that the turkeys would've sold at $45

Check on Tx livestock laws, I believe that OK and Tx have similar laws, since the birds were to be sold, you'll get 2X-3X damages. Go for the small claims court limit, getting a lawyer will cost too much.

Take pictures of the holes they dug under the fence, have to prove that you did everything in your power to protect the livestock.
Also, if they ever say a harsh word to you or family after it happens. Go to the judge and get a VPO.

Sorry for the jumbled mess, but trying to remember what a Judge told me years ago. Will post more when remembered.

Basically remember the following;

1. Have undeniable proof of who owns the dogs
2. Have undeniable proof that it was his dogs doing the killing. (Dead dogs inside turkey pen is great.)
3. Have undeniable proof that you did everything to protect the turkeys. (Pen is good proof.)
4. Have proof that the turkeys were worth $45 each. (Otherwise they go by commercial sales. i.e. ¢25/lb )

Will

[KCM]

Anything like double-jointed?

[fantasymaker]

LOL yep my puter drops and wont post

[comfortablynumb]

why not bait the little dogs into a live trap?
or stake out a live chicken and pop them when they come to grab it?

if you can catch them alive, youll have more leverage and less liability

[Wolf mom]

Someone on a similar thread a while ago suggested paint balling the neighbors terror then taking pictures...

Unless you can prove without a doubt it was the neighbors animal that killed yours - you're out the $$.

[TxCloverAngel]

yep.. thats why I need to catch the little buggers. THEN kill em

[Dianol]

DH says to shoot'em, and ship'em home via ups. but wait a few days.

yuk..yuk..yuk....lol


di

[js2743]

shoot them and call the neighbors and tell them to come over and when they get there show them the dead dogs and ask them if they are theirs is what i would do. let them know you will never let a dog or no other animal kill your livestock.

[CoonXpress]

Dana, here's some info that will be real useful.

http://www.animallaw.info/statutes/stustx822_011.htm

Texas

Vernon's Texas Statutes and Codes Annotated Currentness. Health and Safety Code. Title 10. Health and Safety of Animals. Chapter 822. Regulation of Animals. Subchapter B. Dogs and Coyotes That Are a Danger to Animals.

Statute Details
Printable Version
Citation: V. T. C. A., Health & Safety Code § 822.011 - 020

Citation: TX HEALTH & S § 822.011 - 020

Summary: Subchapter B prohibits dogs from running at large and enumerates the criminal penalty for such violation.


Statute in Full:
§ 822.011. Definitions

In this subchapter:

(1) "Dog or coyote" includes a crossbreed between a dog and a coyote.

(2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code.

CREDIT(S)

Added by Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1, 2003.


§ 822.012. Certain Dogs and Coyotes Prohibited From Running at Large; Criminal Penalty

(a) The owner, keeper, or person in control of a dog or coyote that the owner, keeper, or person knows is accustomed to run, worry, or kill livestock, domestic animals, or fowls may not permit the dog or coyote to run at large.

(b) A person who violates this section commits an offense. An offense under this subsection is punishable by a fine of not more than $100.

(c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense.

CREDIT(S)

Added by Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Health & Safety Code § 822.011 and amended by Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1, 2003.


§ 822.013. Dogs or Coyotes That Attack Animals

(a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:

(1) any person witnessing the attack; or

(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.

(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.

(c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.

(d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.

(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.

CREDIT(S)

Added by Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Health & Safety Code § 822.033 and amended by Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1, 2003.

[yankeeterrier]

Why is it necessary to kill the dogs? I understand that it is perfectly legal, but is it just the idea of getting revenge? I can understand the emotional and financial loss you have experienced, but the dogs are just doing what they were bred for, its the owners that are to blame for not controling them. Certainly you can get enough evidence with photos or video, the paintball idea is also a good one. I mean a couple of Doxies certainly could be caught without much personal risk and you would have more leverage with live rather than dead dogs. I also think it makes you look like a better person. Of course, you have to do whats best in your situation, and I suppose dead dogs can't come back again either.

[Jim S.]

I'm way over $25 grand in household income, but $4,000 would be worth suing over to me.

I would also invest the $150-$500 it takes to have a livestock guard dog or two, which can prevent the $4,000 loss the next time. They are worth their weight in gold.

On my farm, I practice SSS unless I know the owners. If I know them, I gather the animal, bring it back and tell them flatly that it won't come back a second time it threatens my livestock (threat to livestock is essential here to be legal when shooting). That has had a good effect.

I have not had a single instance of predation since I got my Pyr. She is my business partner, and does a great job!