Legal ramifications of killing the neighbor's dog - any?

[UserName]

DO NOT use any kind of poison. Not only does it spoil the taste, it make dogs potentially dangerous to eat.

[Saw at Work]

Instead of shooting the dog, why not simply demand that he (your neighbour) builds a fence/shelter where they cannot come out from ? (ok, it might not be academicaly spelled, but I'm sure you get the point.)

[gofaster]

Already done.  The dog has gone through the fence twice, first by digging a hole, then by knocking off a plank.  The owner's solution was to put a wooden box over the hole.  Now the dog uses the box to jump over the fence.

[rosco]

Originally posted by gofaster
So the dog's owner tells my wife yesterday that he'll leave a check in our mailbox to give to the body shop.  He's flying out at 7am Friday morning for the weekend and he says he'll leave the check in our box at 4:30am on his way to the airport.

She gets up at 7am and checks the mailbox.  Nothing in there.  She calls his cell phone and gets his phonemailbox and leaves a message.  After she hangs up she turns to me and says "you know, when I spoke to him yesterday he made the comment 'are you sure it was my dog?'  I should've suspected he was trying to get out of it!".

My logic: if it wasn't his dog, then he won't mind if it gets picked up by Animal Control, or is otherwise removed from the neighborhood.

 After the "cant pay till Friday baloney I figured as much. If he cant cough up the money now then he cant affoard to pay you period. Or he  can and decided not to... either way your out of luck.  You could call animal control or maby the police, I doubt it will do much good other than if it happens again you can say "SEE"

   Ive been in similar situations, where dogs are running wildlife and livestock.I can say dealing with the dog owners is always fruitless, they dont care, and thats why thier dogs run wild. Dog catcher has to catch the dog doing something and the police dont give a rats ass, they have more important things to do.  In my experience its best to put the dog down and keep it seceret.  The f inal straw for me was loosing 2 hiefers for a week "ploughed through the fence, not over it" and having to put another down due to a broken leg, "she didnt make it  through the fence" That was 2 grand out of my pocket and a week of sleepless nights wondering.

 In your case I would not recommend putting the dog down yourself, you already confronted this neighbour and have to live with him, like it or not. And you possibly could be charged yourself. Its not worth it. If you ever see the dog on the road though you could always not brake in time though...

[Leslie]

Bummer, you might have to wait 'til the dog owner returns to get the check.  If he's a nice guy, he'll pay you.  If he tries something like..."I put the check in your mailbox, you didn't get it?", you could try a small claim, but first, go ahead and go to the courthouse and process the claim...let him know the Sheriff will be delivering a process order within the next two days so he'll being expecting it.

The angle here is it's a federal offense to put something in someone's mailbox...only the postman is legally authorized to deliver correspondence via mailboxes.  When you first visit the dog owner to discuss the check, try to make a recording of your conversation using a small cassette recorder.  Bring along a friend as a witness.  If possible, meet him in a public place.  This will help you to not get upset as well, which you might do if you call on the phone.  If he becomes evasive and says he put the check in the mailbox...you might could use this later if necessary in court.  The "fact" he put the check in the mailbox, or under the doormat for that matter, would make a strong case that he intended to pay you.  If he put the check in the mailbox, he committed a federal crime...Yeah, that's the ticket!!!  

Well, good luck GoFaster.  Any lawyers out there?  What think ye?   Note: This is not a general purpose approach, and if you or your wife have already had words with the neighbor, probably won't work.  It's justa wild idea.

I'm not a lawyer, but ...I did stay at a Holiday Inn Express last night....so don't try this if you're not willing to play poker.  

Les



 

[SirLoin]

Rent a Pitbull...Rates vary but for your needs it wouldn't be much more than an hourly rental.

[gofaster]

We know which dog it is.  The only question is whether or not he'll admit to owning it. Seeing as how the dog is in his house, came from his property, and responds to his commands, I believe its a safe bet that its his dog.  However, if its not his dog, then I'm sure he won't mind if it gets picked up or otherwise goes missing.

I've got a bat, a shovel, and extremely loose topsoil in my backyard.  It would be unfortunate if the dog got loose and approached me in a threatening manner.  

[Animal]

Poison is a good solution.
Not for the dog, but for him.

[rickod]

I am gonna tell you a lil story happened over 2 years ago,
Ya see I own several dogs and Exnoodleve birds am an animal lover of a sort we meaning my wife and myself watch a friends dog or did anyways every other weekend she is a nurse and does a livin thing with an elderly lady her dog was small mebbe 8 pounds and my italian greyhound mebbe 11 also she is fat I know well my wife goes to walk the two lil ones before we take my son who also happens to come every other weekend home and as my wife walked out the fron t door our neighbor whos dog has a known aggresion problem towards other animals is having a lil party him and some friends ,
my neighbor has gone to pick up some food for the party and his friends have left the front door hanging wide open dogs layin on floor ,
As my wife waked out door I hear my wife start screaming to get it off help get it off seems my neighbors dog had a hold of my friends dog I run out my bigger dog also runs out thinking its her lil buddy getting killed and bites my neighbors dog on the bellybutton it attacks her I kick the dog and finally some one in his crowd of friends grabs his dog also I now have two dogs that need stitches so i grab the kid wife and 2 dogs run them to vet run the kid to the pickup point run back to vet during this time my wife had called animal control they say they wont do anything as his dog didnt attack a human ,
I go home to get some ciggarettes dont live far from animal hospital and am confronted by one of his freinds who proceeds to tell me its a waste of time to spend money at vet for those worthess dogs I tell him leave property or ill have him arrested since it is a gated comunity he leaves and so do all my neighbors geusts on my way back out to vet my neihbor stops me and says he is real sorry and i should just let him know what the bill is and that he and his friends would pay the bill

so i pick up wife and 2 dogs and one bill for 400$ u.s.
I foto copy it and leave hima copy of the bill with a notes that says I expect payemnt in full by friday
I see him one more time durring the week friday comes no cash so i go a knockin on door he says none of his friends want to take blame for leaving door open and he is unemployed and cant come up with it all
so i tell him I want the money or Ill have his dog simple as that
I contact property management and make a complaint and they tell him hhe has a week to get rid of dog a week goes by and I get 100$ from him he still has dog next week comes and my wife and i see him wlaking the dog after 6 when managemnet office closes so we call them they make an inspection of his apt the next day and dog is there he is warned next day we see him walking dog we contact management they inspect but dog is gone and he isnt home that night we see him and dog get out of car at 6:30 he is dressed like he has just come from work ,
so i knock on door and let him know that i noticed he was back to work and i needed payed his dog was in living room while i talked to him he promised to pay by friday again friday comes and goes no money and we still see him walking dog every night i call management and tell them im going to arrange a community meeting of tenants if somthing isnt done they talk to him and either he and dog moves in 1 week or dog goes only so he starts taking it to his friends in fort worth on his way to work and picking it up 2 more weeks go by each time they inspect his unit to see if dog is gone it is so i video tape him coming  home with dog and walking it and entering apt
a half hour after taping he comes gets in my face and tells me for videoing him and trying to get his dog removed he aint paying ,

I told him fine dont pay me I have warned you of the consequences

3 days later i follow him while he goes and drops his dog off his friend is working with him there just chaining the dog in the yard and goin to work ,

the next day I waited until 10.a.m went to his friends house with my kids air gun unleashed the dog got in car and started shooting it in the bellybutton till it had followed me a few blocks then left

that night i see neighbor come home without his dog and the next night and the next no dog he comes over and has the balls to come over and tell me i got my wish his dog had gotten loose at his freinds hous eand had been picked up by animal control and he couldnt afford the 120$ u.s. to get the dog back
I told him I could care less about his problems i wanted my 300$ he still owed me

he has since paid me but still doesnt have his dog and the 2 dogs of mine are fine


so in your case offer the dog some meat dont poison it just take it for a 50 mile ride and then ditch it

if he doesnt pay you when he gets back dont take a check get cash or a money order

[gofaster]

"if he doesnt pay you when he gets back dont take a check get cash or a money order"

Yeah, the bouncing check thing has me concerned, too.  I can see it happening now: I drop off my truck with his check and the shop does the repair work, the check bounces, they hold my vehicle till I pay.  So now I'm out the repair money and he still has his dog.  

But tomorrow is another day, and like Tom Hanks said in "Castaway", you never know what will wash up with the tide.  He may actually come through and do the right thing.

[midnight Target]

I'm sorry rickod, but you suck as a neighbor.

The guys dog was let loose by accident, he has paid you for the bills, and his dog is now probably dead. WTG.

[lazs2]

now see rikod... if even one person had been armed they could have simply shot the worthless mutt and all of the unpleasantness would have been avoided.

Wouldn't you say MT?  
lazs

[midnight Target]

Hehe...

And relieved so much neighborhood stress.

[Sandman]

Originally posted by lazs2
now see rikod... if even one person had been armed they could have simply shot the worthless mutt and all of the unpleasantness would have been avoided.

Wouldn't you say MT?  
lazs

Exactly... position a sniper up high at the end of the street. Permanent animal control.

[N1kPaz]

across the river from me in West (by God) Virginia, something interesting happened.

it was up on this rural road called Robert's Ridge. This lady had 6 pitt bulls chained in her back yard. the things were huge. well, occasionally one would get loose and as a result, her neighbors lived in fear of letting their grandchildren and children play in the yard.

well...one sunny afternoon, one of the ladies dogs got loose and came trotting towards this grandfather who just happened to have a deer rifle with him.

he blasted the dog and now the lady wants him to go to jail.

she even had him arrested (which blows my mind)

i say...if a big pit bull comes in my yard and my kids are anywhere around, that dog is fair game.

but then....im just some redneck who was born in Wv.