Advice for court appearance ;0)

[pipersmith]

I hope it is ok to ask this here. If not - I apologize.

I have to appear in General Sessions court because someone stole our dog. I know it is silly, but my kids REALLY want the dog back. I refuse to spend money on a lawyer - so I am representing myself. I do know that the other party has hired a lawyer.

I have never been to court, and I am unfamiliar with the process. I feel confident in my case - I just don't want to appear as an idiot
Any advice on procedure, etiquette, or any other relevant info would be appreciated.

I know this is not a medical post - you all seem to have all the answers
I thought it couldn't hurt to ask....

Thanks in advance

 

[RandyL]

I don't understand why you have to go to court. If it was your dog and someone stole it, it would seem the police could help you get it back assuming you have proof it was your dog. Theft is theft no matter what the goods are. I can't believe someone would just keep your dog knowing its yours and they know you know. I probably would not need the court or the police to settle the dispute but thats just me. I hate thieves! I am sure you have pleaded with the guilty party since you are forced to take legal action.
Good Luck to you.

 

[Dennis S]

Suggestion

Suggestion

I practiced law for 25 years, but never saw anything like this. Checking with the police is a good idea, but I assume you have already done that. I always told my clients to dress neat, and clean. You don't need flash, and in fact this can do you more harm than good. Depending on how confident you are in their ability to behave & not distract you, I would consider bringing the kids. (Of course this also depends on their age). Think long and hard about how you are going to prove that it's your dog. If it was me, I would try to see if the judge would be willing to step outside the building & seee how the dog responds to you & the kids. Some judges will do this, and some won't. I would also be prepared to give the best explanation you can as to how the dog is presently in the possession of the other party. Do you have any friends who could be a witness and testify that the dog is yours, that they saw you searching for the dog, that you placed posters around town asking for hellp in finding your lost dog, etc.

Probably the judge won't immediately announce his decision at the trial. In case he does, be sure the kids are prepared if the case turns out badly. You need to decide if they could handle that. Finally, you might ask around to see if there is a lawyer in town that would take 30 minutes to hear what you plan to say & get their advice about how to present your evidence. Many types of evidence that we use in our daily discussions are not admissible in court. Good Luck.

 

[bvdr]

I hope it goes well for you! I would think bringing pictures would be of great influence. Pictures of when he was a puppy, pictures of your kids with him, pictures of when he was older. Also vet bills, vaccination records, any proof that you have that this dog had actually been your pet. I don't think emotions alone will do it but are you bringing the kids? Good Luck!

 

[Dennis S]

Good Advice

Good Advice

I hope it goes well for you! I would think bringing pictures would be of great influence. Pictures of when he was a puppy, pictures of your kids with him, pictures of when he was older. Also vet bills, vaccination records, any proof that you have that this dog had actually been your pet. I don't think emotions alone will do it but are you bringing the kids? Good Luck!

I would try to do everything Betty said above. Really good advice.

 

[hensylee]

In our area, all lawyers give you the first hour free. Daughter and I have been to several; I took my gdaughter to one for advice. They all advised us, charged us zero for that hour and that advice. Now had we engaged them, the charges would have begun then.

I agree about the pictures. The prosecutor in my sister's death asked for a picture of her, I gave him a really nice big one, he showed it to the jury and the picture attested to her fine reputation just by the looks of her and it carried some weight.

The presence of the children will carry some weight, as well. Again, their ages should be considered, as Dennis says.

I have been to court w/my granddaughter several times on child support case. She waits until the judge addresses her, never interrupts and is very, very respectful; she presents her facts concisely. She addresses him as 'Sir' and Your Honor.

I wish you well. Please let us know how it goes. You know that now you have told us, we have to see it through with you.

 

[PJmomrunner]

I have no experience in this realm, but Judge Judy would want to see proof that you owned the dog to begin with, so bring paperwork relative to the pooch's purchase if you have it--bill of sale, receipt, adoption papers. Also bring any licensure papers you have (receipts from the town/city where/if you licensed you dog--check with their offices if necessary). Bring copies of any vaccination records--the veteranarian can probably help with this if you don't have them. Bring pictures of yourself and your kids with the dog (at different ages to show they've grown up with it, if possible) and copies of any "lost dog" signs or newspaper advertisements. Be prepared to give details of your search for the dog with dates (i.e., The dog got out on Wed., May 3rd, we searched the neighborhood door-to-door for two days, then we posted signs on every telephone post from here to Main Street on Friday, May 5th, we received 7 calls from people who saw the dog and checked out each story...) Lastly, bring the kids in their newest, neatest school clothes and instruct them to speak only when spoken to, pay rapt and sober attention to whomever is speaking and address the judge as "your honor".

It's not silly to want your dog back. We lost a cat once and we put up signs at every entrance and exit to the area we lived in and on all the group mailboxes. Despite our efforts, no one ever called until one day a neighbor noticed a "cat found" sign on a resident's garage door and we were reunited. It's heartbreaking when a family pet goes missing. Good luck getting your dog back.
...

 

[pipersmith]

I don't understand why you have to go to court. If it was your dog and someone stole it, it would seem the police could help you get it back assuming you have proof it was your dog.

We keep the dog at my parents house, our landlord had to ask us to move the dog as per her insurance. I spend the majority of my time here (parent's)- so we are with the dog a great deal. My sister and I had discussed (not decided!) the possibility of giving the dog away because I was feeling spread a bit thin. Of course, I was just days in to my diagnosis, my inlaws were visiting, it was the first week of school - 3 kids in 3 different schools and 1 still at home. She (my sister) invited a friend to SEE the dog. She wanted to take him home to see how he interacted with her dog. Since then she has refused to give him back. She has been quite irrational. she even had him nuetered a couple days after she took him. I never gave her permission to take the dog and as soon as I realized he was gone insisted upon his return.

I planned on taking some photos, my sister, possibly my other sister, the previous owner of the dog that gave him to us....
I was a bit on the fence about the kids - I wasn't sure if it would help -or if the judge would find it inappropriate for them to be party to an argument. What do you all think? I have no problem taking them.
Thanks for the input - I am nervous about going

 

[catwoman]

(Being optimistic) When you get the dog back, do have him/her microchipped. Don't know what the going rate for such is, but rescue groups/humane agencies sometimes have vaccination/microchip clinics.
For example, there will be a microchip clinic at the cat show where I'll be judging next weekend in the Houston TX area (Humble). It's only $15 for the Home Again chips, and that's a bargain. I've seen $15 and $20 quoted for clinics on flyers at pet supply stores in the Dallas area.

 

[ALCapshaw2]

We keep the dog at my parents house, our landlord had to ask us to move the dog as per her insurance. I spend the majority of my time here (parent's)- so we are with the dog a great deal. My sister and I had discussed (not decided!) the possibility of giving the dog away because I was feeling spread a bit thin. Of course, I was just days in to my diagnosis, my inlaws were visiting, it was the first week of school - 3 kids in 3 different schools and 1 still at home. She (my sister) invited a friend to SEE the dog. She wanted to take him home to see how he interacted with her dog. Since then she has refused to give him back. She has been quite irrational. she even had him nuetered a couple days after she took him. I never gave her permission to take the dog and as soon as I realized he was gone insisted upon his return.

I planned on taking some photos, my sister, possibly my other sister, the previous owner of the dog that gave him to us....
I was a bit on the fence about the kids - I wasn't sure if it would help -or if the judge would find it inappropriate for them to be party to an argument. What do you all think? I have no problem taking them.
Thanks for the input - I am nervous about going

Did you tell the above revelation of facts to the Police?
If so, what did they say?
If not, I suggest you print out this statement, take it to the Police and ask if there is anything they can do for you.

If not, then I would call some attorneys to see if you can find one who will give you a brief interview to discuss the merits of your case.

One of the Local Rescue Group representatives said that if two parties claim a dog, they will have them both come in and watch how the dog reacts to each claimant, then decide who gets the dog.

Your situation seems to be more of a disagreement about what the original agreement entailed. GOOD LUCK !

'AL Capshaw'

 

[RCB]

We keep the dog at my parents house, our landlord had to ask us to move the dog as per her insurance. I spend the majority of my time here (parent's)- so we are with the dog a great deal. My sister and I had discussed (not decided!) the possibility of giving the dog away because I was feeling spread a bit thin. Of course, I was just days in to my diagnosis, my inlaws were visiting, it was the first week of school - 3 kids in 3 different schools and 1 still at home. She (my sister) invited a friend to SEE the dog. She wanted to take him home to see how he interacted with her dog. Since then she has refused to give him back. She has been quite irrational. she even had him nuetered a couple days after she took him. I never gave her permission to take the dog and as soon as I realized he was gone insisted upon his return.

I planned on taking some photos, my sister, possibly my other sister, the previous owner of the dog that gave him to us....
I was a bit on the fence about the kids - I wasn't sure if it would help -or if the judge would find it inappropriate for them to be party to an argument. What do you all think? I have no problem taking them.
Thanks for the input - I am nervous about going

Piper,
As I read the facts that you have stated here, this person has no case. In order for her to be the rightful owner of the dog, there must be a legal conveyance. Put simply, your sister can not convey ownership of the dog
without your permission. If it was not your intent to give the dog over, but your sister made statement to the contrary-your sister made representations about the transaction that she could not legally do and therefore the person really has no case, because it is much like people who buys stolen good. If one bought something in good faith, but the seller doesn't have good title to that property, even though the buyer made a good faith transaction, the buyer loses the goods. This is a very old principle in common law.

Furthermore, as any lawyer will tell, you don't want any surprises in front of the judge. Make sure you know what your sister will say about what she said to the person about the transaction. Make an attempt to find out how
the person who has your dog will defend against this case.

I think the law is on your side, but sometimes justice needs some help.
Always be polite, to the point and always address your comments to the judge.
Good luck!

 

[pipersmith]

Many Thanks!!

Many Thanks!!

I should have known that you all would have all the answers. I am going to type up my statement using all of this wonderful advice.

Thank you all so much - and I will keep you posted. Court on the 18th...

 

[Mb]

Pipersmith:

I have been to court many, many times. Both as the Plantiff and the Defendent.

Since you are the Plantiff in the case, you will speak first. Probably the MOST important thing you need to do.......is to keep calm and rational. You must convey that you are a reasonable, nice person, that does not loose their temper, or behaves badly in any situation. I have seen many cases lost because one of the parties appeared unreasonable, or of bad temper, or just simply put, was not likeable.

The second thing you need to do is (a) prove ownership, either by a Bill of Sale to yourself or perhaps as stated above by photographs at a variety of ages, (b) your sister's testimony as to what happened, and the how/why you think the misunderstanding took place (c)discussion of your attempts to resolve the matter, again showing that you are a reasonable person

You should start the discussion, with a calm story about what happened, again remembering that you want to appear as a reasonable, nice person.

You should do fine. I have won over 90% of the time I have been involved in a small claims or housing issue by taking this tact.

Marybeth