Animal Injury, Dog Bite Representing myself: should I request Dismissal or reply with the Answer form?

[Zigner]

\ost people, seeing how harmless and small they are, crack up when they are barked at, and attempt to pet them, whereupon they usually back away, but sometimes allow themselves to be touched. They do NOT bite.

THIS is what I'm talking about.

Let me tell you my experience with a little dog that doesn't bite:

My father's wife has a little dog...about the size of the ones you are talking about. It barks a lot, but she says it doesn't bite. That dog has bitten two of my grandchildren. My father and his wife know that I won't come around with my grandkids if the dog is not locked in a separate room while I'm there. They also know that if the dog should happen to get out and make anything that looks like an aggressive move towards my grandkids, I will boot her (the dog, not my dad's wife, although that's not entirely off the table either) so hard that she will stick to the ceiling.

Yes, little dogs bite...even yours. They're animals...it's what they do.

Additionally, you really need to keep better control of your dogs. That is not a personal judgment, it is logical and valid advice.

 

[army judge]

Tiny, little, small, ALL living critters (especially Homo Sapiens) are capable of doing unexpected harm.

@Zigner you're wise to do whatever it takes to protect your little ones.

You're even wiser to NOT go into any home that equates canines, felines, bovines, etc... with the importance most parents attach to the lives of their offspring.

 

[Foamback]

Here is a little primer on garnishment of social security monies once it hits the bank.

The rule of thumb is monies greater than two months SS can be gotten

Can a debt collector take my Social Security or VA benefits? | Consumer Financial Protection Bureau

 

[Zigner]

Here is a little primer on garnishment of social security monies once it hits the bank.

The rule of thumb is monies greater than two months SS can be gotten

Can a debt collector take my Social Security or VA benefits? | Consumer Financial Protection Bureau

No, that's not quite right. From the site YOU posted, what having greater than two months means is not that "greater than two months SS can be gotten"; rather, if there is greater than two month's worth of benefits in the account, those can be frozen, forcing the depositor to go to court to have the funds released by showing they are exempt.

 

[adjusterjack]

Here is one (among many) delightful video of the pooches,

Very smart (not) posting evidence on youtube that you let your dogs run around off leash in a playground. A child can walk through that gate and your dogs can be chewing on him in seconds before you can even react.

I suggest you pull your doggy videos off the internet before your claimant's lawyer finds them.

 

[California Denizen]

Very smart (not) posting evidence on youtube that you let your dogs run around off leash in a playground. A child can walk through that gate and your dogs can be chewing on him in seconds before you can even react.

I suggest you pull your doggy videos off the internet before your claimant's lawyer finds them.

That was during the pandemic, playground was shut down for months. Other dog owners during that time had their dogs running around there.

 

[California Denizen]

Here is a little primer on garnishment of social security monies once it hits the bank.

The rule of thumb is monies greater than two months SS can be gotten

Can a debt collector take my Social Security or VA benefits? | Consumer Financial Protection Bureau

Thank you, I am already aware of that, and do not have any money greater than two months total in my account, and never have. But I appreciate your pointing that out.

 

[California Denizen]

No, that's not quite right. From the site YOU posted, what having greater than two months means is not that "greater than two months SS can be gotten"; rather, if there is greater than two month's worth of benefits in the account, those can be frozen, forcing the depositor to go to court to have the funds released by showing they are exempt.

Thanks for the clarification. I have never had more than two months Soc. Sec. deposit in my account, so I'm good.

 

[California Denizen]

THIS is what I'm talking about.

Let me tell you my experience with a little dog that doesn't bite:

That's fine, I'm not going to argue this. Thanks for your input.

 

[California Denizen]

Please share the link to this website, because I'm not seeing it the same as you.

Are you looking for free legal help?

When I applied for free legal counsel, and they said I'm eligible...by that point they knew my lawsuit was a civil case, and that my only income is Social Security. The attorney they referred me to does NOT do pro bono, but he was very nice and heard me out anyway re. the lawsuit, and gave me some excellent tips.

Anyway, I contacted the SF Bar again, told them they gave me the wrong attorney, and the woman I spoke with says their organization doesn't do pro bono for anyone! Which is definitely NOT true. I was even recommended to them by my eviction attorney who doesn't deal with civil suits. The eviction case was frivolous (thanks to a building manager who has been growing senile for the last few years and harassing other residents besides myself...and he's the one who slapped an eviction notice on me in June last year).

Since then, the landlord's attorney failed to process a reply by the deadline date, because he himself thinks the lawsuit is frivolous, and wishes the landlord would just drop it, but instead he's sitting on it, which he can legally do for up to three years. Meanwhile, I put my monthly rent into an escrow account provided by my eviction attorney's organization. I've met many remarkable people thanks to this debacle, BTW...including my attorney who hails from the Netherlands.

 

[California Denizen]

If I were sitting in your position, being sued wouldn't worry me one drop of sweat.

Yes, I finally figured that out, thanks mostly to the guidance of those who've replied to my OP here.

Anyone that sues a judgment proof person is an idiot.

The Plaintiff's Attorney was not aware of that when he delivered me the summons. Now he is, via an email I sent him last Friday. And I will gladly provide him with proof of my Judgment Proof status, once he gets back to me, if at all. And yes, I do believe that attorney is an idiot, based on the outrageous complaints against me that can never be proven because untrue. It's like a child filled out the list of complaints, full of ridiculous accusations not relevant to the lawsuit. So were I NOT Judgment Proof it is likely he would've lost his case anyway. He's the kind of lawyer people call "ambulance chaser." Thank you for such a helpful reply.

 

[California Denizen]

I've deleted several posts that appeared to be straying into mutual impoliteness. Please stick to the "legal" aspects of the discussion.

FYI, even though I set up my account here to inform me via email to alert whenever I get a new reply, I've never received a single alert yet! As a result, it's a cumbersome process for me to load my question pages and track down any new comments. I've triple checked that I have the setting to get that alert, and I do. Just thought I should tell you, in case that issue can be rectified. Thanks!

 

[California Denizen]

So here is another question I have, relating to my Judgment Proof status, the answer to which I have yet to find in my research at the law library and online resources:

Should I ever acquire a sum of money that the Plaintiff's Attorney attempts to garnish, can I challenge that? I presume that being dismissed because I'm Judgment Proof does not mean I agree with the charges listed in the Complaint...for they are either unproven, outrageous, greatly exaggerated and/or highly subjective (IOW just an opinion that is a false claim instead of a fact ). TIA

BTW Plaintiff's Attorney has yet to respond to my email I sent him last Friday, informing him I am Judgment Proof and am ready to provide the correct documentation regarding my paltry income. Perhaps I should also snail-mail him the same statement, maybe certified. Or should I just not bother? I know he checks his email, for I sent him one before, and he answered promptly. I had lost the papers he sent (containing two copies of Acknowledgment of Receipt, Complaint and Summons) and asked him to send a duplicate, which he did.

 

[doucar]

There is no guarantee he will dismiss against you, he could try and get a judgment and sit on it in case you win the lottery or great uncle Jesse dies and leaves you money, all the while the judgement gains 10% interest.

 

[Tax Counsel]

Should I ever acquire a sum of money that the Plaintiff's Attorney attempts to garnish, can I challenge that? I presume that being dismissed because I'm Judgment Proof does not mean I agree with the charges listed in the Complaint...for they are either unproven, outrageous, greatly exaggerated and/or highly subjective (IOW just an opinion that is a false claim instead of a fact ). TIA

If the plaintiff gets a judgment against you and seeks to garnish your bank account, wages or other property your options will depend on the circumstances and the applicable state law. In general if you were properly served with the lawsuit and just didn't show up to contest the lawsuit or you do show up and lose, then the only things you can really challenge is whether the property the creditor is seeking to take is exempt from execution for regular judgments (e.g. your Social Security, a certain portion of wages, etc) and you can challenge any defect in the plaintiff's process for execution of the judgment. As to the latter, there are rules the plaintiff must follow to get the asset, and if he screws it up (does something incorrectly, skips a step, etc) the court may dismiss the execution effort. But all that does is buy you time because the creditor will be able to try again and correct the errors he made the first time around.

You'd be better off avoiding the judgment in the first place, if possible.

 

[army judge]

hould I ever acquire a sum of money that the Plaintiff's Attorney attempts to garnish, can I challenge that?

Sure, you can challenge the attack, but you'll probably be unsuccessful.

The precise answer depends upon whether you hit a slot machine jackpot, finally received millions in that lawsuit you filed, inherited Aunt Shiskabobby's $40,000,000 life savings and her $10,000,000 mansion.

It also depends on if the plaintiff keeps the judgment up to date, (should she/he/it) prevail at trial.

 

[California Denizen]

There is no guarantee he will dismiss against you, he could try and get a judgment and sit on it in case you win the lottery or great uncle Jesse dies and leaves you money, all the while the judgement gains 10% interest.

Got it, thank you.

 

[California Denizen]

You'd be better off avoiding the judgment in the first place, if possible.

I see, thank you. I've already informed Plaintiff's Attorney I am judgment proof, via email last Friday. He has not replied, yet. Is an email sufficient, or should I also send him a certified letter to that effect? I don't want to go on record as simply ignoring the summons. (I did sign and send my Acknowledgment of Receipt before the deadline.) My email to him is saved on my Gmail account, as well as backed up via an email client on my main system, and on cloud storage...so I have proof I sent it.

 

[California Denizen]

Sure, you can challenge the attack, but you'll probably be unsuccessful.

The precise answer depends upon whether you hit a slot machine jackpot, finally received millions in that lawsuit you filed, inherited Aunt Shiskabobby's $40,000,000 life savings and her $10,000,000 mansion.

It also depends on if the plaintiff keeps the judgment up to date, (should she/he/it) prevail at trial.

It's not just the "attack" that probably didn't occur, but other claims against me surrounding that main charge...they are subjective opinions, not facts. Plaintiff also claimed he had to get rabies shots, which was not necessary since the dogs are updated with their booster shots, and the building manager has a record of that which he could've shown to the Plaintiff, who never once knocked on my door or approached me to ask for proof of the shots...which I have, in both paper work and the rabies tags. Nor has Plaintiff ever approached me to show me the alleged bite. The summons just came outta the blue ten months later. Plaintiff also claims he had to quit his job because of the alleged trauma caused by the alleged attack, and has had to go through tons of therapy.

So, I have a very good defense against every charge. But since I am judgment proof I am not given the chance to tell my side of the story. I presume that declaring judgment proof status does not mean I'm also agreeing to all complaints against me. At any rate:

Thank you for your helpful reply, much appreciated.

 

[California Denizen]

There is no guarantee he will dismiss against you, he could try and get a judgment and sit on it in case you win the lottery or great uncle Jesse dies and leaves you money, all the while the judgement gains 10% interest.

I see, thank you!