Where does this claim fall
I'm being sued for 2, 245.45 for damages done to a cat that the cat's owner says my dog did, but that nobody witnessed. I'm wondering what court this falls in? small claims court? or regular court?
Re: Where does this claim fall
If you have already been served with the lawsuit, the paperwork should say whether the case is in small claims court. It probably is, but may not be.
In California, the small claims court can award damages of up to $7,500 plus interest and costs. Plaintiffs seeking such amounts are not required to sue in small claims, but there are strong reasons to choose that option where it is available.
I disagree with Mr. Stone about the reasonableness of the claim. Sure, the plaintiff can get a new cat for a lot less, but that's beside the point. If you break someone's $500 stereo and they want you to pay for $2,000 worth of repairs the court will refuse, since spending so much on the repairs would not be reasonable. It will tell the owner to just throw away the old radio and buy a new one, and will award $500. Pets, however, are not as readily replaceable as electronics. The court will not expect the plaintiff to discard her cat simply because the vet bill is higher than the cost of a replacement cat. If the court believes that your dog injured the cat and finds that the vet's services were necessary and his prices reasonable, he will likely rule in the plaintiff's favor and make you pay the full amount.
Re: Where does this claim fall
If you have already been served with the lawsuit, the paperwork should say whether the case is in small claims court. It probably is, but may not be.
In California, the small claims court can award damages of up to $7,500 plus interest and costs. Plaintiffs seeking such amounts are not required to sue in small claims, but there are strong reasons to choose that option where it is available.
I disagree with Mr. Stone about the reasonableness of the claim. Sure, the plaintiff can get a new cat for a lot less, but that's beside the point. If you break someone's $500 stereo and they want you to pay for $2,000 worth of repairs the court will refuse, since spending so much on the repairs would not be reasonable. It will tell the owner to just throw away the old radio and buy a new one, and will award $500. Pets, however, are not as readily replaceable as electronics. The court will not expect the plaintiff to discard her cat simply because the vet bill is higher than the cost of a replacement cat. If the court believes that your dog injured the cat and finds that the vet's services were necessary and his prices reasonable, he will likely rule in the plaintiff's favor and make you pay the full amount.
