ok Back in Jan. of this year I had posted a thread titled a BAD DAY for those of you who remember.

SHORT QUESTION
If I have proof that somebody was self employed (statement from employer) can I pull a 1099 on that person proving that it was work under the table and not documented earned income to the IRS?

LONG VERSION
for a quick recap. December of last year I got a new neighbor, came over introduced herself and her two daughters. asked where the utility companies are etc. Also made mention that they would like to take the mutual fence down and continue a block wall. I agreed and let them know I have two dogs, and I need to know before any construction is done so they can be locked up inside.

A month later I get a call from my brother while im in class to come home. The neighbors started construction, my two dogs got out. through the missing section of the fence, workers squirt my dog with a water hose. to get it to go away I guess, well the one dog Jumps and rips his shirt leaving a scratch on the worker. A cop sees the commotion comes over, places his car on the sidewalk between the dog and the dogs home. gets out with his shotgun. dog runs home (ie towards the cop) and the cop shoots and kills my dog.

UPDATE: asshole is now suing me for $91,000. $40k for pain and suffering, $40k for loss wages, and the rest is attorney fees etc.

I got a verbal (with three witnesses) statement from my neighbor that the guy who "got hurt" was in fact employed and working for him at the time of innocent. He also refused med treatment from the emt on scene, and when the son of the home owner offered to take him to the Doctor to get checked out the worker said "I'm fine, its just a scratch" then continued to work for another two weeks. He (the worker) told his attorney that he was just dropping something off to the house.

I am going to try to get this statment from my neighbor in writing with a signature just to make it more solid.

Im pretty sure this was all under the table type of work, Which is why I believe he told his lawyer that he was just dropping something off and not working.

Being that he was working HE IS SUING THE WRONG PERSON. He should sue his employer and the employers insurance. NOT A THIRD PARTY. to my knowledge my dog was safely secure in my back yard.

with my neighbors statement I would like bring this up in court, I already have proof that he was in fact employed, But I would like to bring up that he did not file this income as well. So can I put a request of any 1099's issued to this "worker"? if he has a 1099 for this work that just further proves my point, and if not this guy might have dug himself a hole that is going to cost him dearly to get out of.

THANKS FOR THE HELP, I HAVE A COURT DATE ON MONDAY. 21ST to set trail date I would like to have this information before hand if at all possible.

Why don't you just ask your attorney that question?

I do remember your original story though. Good luck man...

I do not have an attorney.

I have been going through hell with this bullshit! the attorneys I have spoke to pretty much said, I would most likely be better off fending for myself, It could rack up tens of thousands to defend my case. By fighting it myself the other guy is dumping cash into his attorney while all along doesn't cost me a thing. As it sits I have a pretty strong case in my defense, and if I make a legal boo boo, the court will most likely over look small mistakes being that I am defending it myself. In the worse case scenario I lose and file for bankruptcy WHICH I DO NOT BY ANY MEANS WANT TO DO. BUT STILL CHEEPER THAN PAYING UPWARDS OF 20K FOR A LAWYER(S) by the time the lawyers would be paid off the bankruptcy would pretty much be dropped from my credit anyways.
even though I am counter suing no attorney will work on consignment basis being that it is a primarily defense case. FML

Dude, that totally sucks. I feel real bad that you got stuck in this situation and even worse that you lost your dog. I'd say get a lawyer - this isn't something you want to handle on your own. I'd say you're fine. The dog was fenced on your property. The worker removed the fence and then aggravated the dog.

Be a dick and coutersue for the value of the dog. I know it's not much and it certainly can't replace what you lost, but it would be worth it to have the guy lose and then have to pay you a couple hundred.

IBy fighting it myself the other guy is dumping cash into his attorney while all along doesn't cost me a thing.

if I make a legal boo boo, the court will most likely over look small mistakes being that I am defending it myself.
Wrong and wrong. This guy found an ambulance chaser that is working on contingency. He's hoping to sue your homeowners insurance for personal liability and get free money, even if it's only 2/3 of the total.

The courts are not going to be lenient because you decided not to seek representation. There's no novice group.

20k for a lawyer or 90k in a law suit? know this, if he is represented and you are not, you will most likely lose.

best case is to get a lawyer, win, then counter sue for the lawyers fees. then the lawyer will be the one collecting on the injured party.

if you go it yourself, you need to ask why they took the fence down without you there knowing there was a dog on premises. you should be able to beat this case outright without the employment dispute. that just seems like you are trying to find a loophole. you should mention it that way it is on record but it shouldnt be the basis of your defense.

Honestly, this has really been tearing me apart. I have been drinking like a fish, my work attitude sucks, my manager at work is concerned for me. (primarily because I deal with customer service i think) I will let you guy know how things turn up in court monday. after oct 1st I plan to take a stress leave of absence from work.

I had told my neighbor that if this goes through to court I will have no other choice than to press charges on him for not notifying me before hand. so this should get interesting.

If anybody is a LAWYER in CA who would like to chime in here I can use any help I can get.

your stress level will drop once you get a lawyer too.

[QUOTE]Wrong and wrong. This guy found an ambulance chaser that is working on contingency. He's hoping to sue your homeowners insurance for personal liability and get free money, even if it's only 2/3 of the total.

The courts are not going to be lenient because you decided not to seek representation. There's no novice group.
__________________/QUOTE]

the house is under my brothers name. I am being sued, when the home was purchased we didn't have any dogs so dogs are/were not in the policy, nor am I. so the home owners insurance denied the claim.

Mdillon thanks for the advise

I am NOT an attorney but I would play one on T.V. if I could get a part. :lmao

If your insurance policy does not specifically EXCLUDE dogs, it's very likely that you ARE covered by default. If they required that you get a dog rider, you are, in fact, fucked. I'm sure you've checked already but I thought I'd mention it just in case.

As for getting a person's W-2 or 1099, you have the power of subpoena. I'm not 100% sure how it works but ultimately, you have to know which entity(ies) get the subpoena(s).

Here's a list, though:

Your neighbor.
The employer of the worker.
The worker himself.
The worker's bank.
The IRS.
The state tax agency.

As you send subpoenas out to everyone you can think of, remember, you can ask for ANYthing you wish to see. There are a lot more documents than 1099's and W-2's which will support your case. Ask for all of them as they relate to the entities to whom you are sending the subpoenas. (BTW, it's pronounced, "su-PEE-na.")

Also, you can send out interrogatories which will serve a similar purpose to a subpoena. Lastly, you can do depositions on everyone under the sun but that can get a bit more costly.

I somewhat cloudy on the details but since you're doing this yourself, I can tell you that you're very likely to be able to find out how this part of the process works. Get online and look that crap up. You'll gain a great deal of hope by educating yourself.

Learn how to stall. Continuances are one tool which will make this possible but don't dare miss any deadlines or dates. Do that and you're about completely fucked. Stay on top of that shit. Again, get on line and learn it.

You may have to settle in order to get this out of your life. Offer $1,000. Let them counter. Take time to think about it. They're going to want a lot more, obviously.

You may be able to take it in front of mediation or arbitration but again, learn how it all works. If you can show a judge that you're working in good faith to get this settled, then he may help you out. A lot.

Last but not least, once you've done a significant amount of homework and feel more comfortable, spend $400 for an hour of time with an attorney so he can coach you on what you're doing and give you some assistance. Let him know up front that that is why you are there so he doesn't have an expectation that you're going to retain him for the proceedings. You may wish to touch base with him as the thing progresses just to fine tune along the way.

If you get an offer to settle for $5,000, take it. Cheaper than the mental stress of dragging this out for any great length of time. More than that, your call.

Last but not least and I can't stress this enough: You MUST leave your emotions out of this. Yeah, you're getting screwed. How much dick you're going to take in your ass is going to be directly related to how calm you remain and how much you keep your brain in gear. And don't let yourself get cocky just because you read some shit on line. Crosscheck what you learn.

I've rambled long enough. You may not be able to afford a top-notch attorney but you can really help yourself if you want to.

Keep us posted on your progress.

--Wag--

Wag.. holy shit I CANT THANK YOU ENOUGH, NOT ONLY FOR THE ADVISE BUT FOR THE ENCOURAGEMENT AS WELL. I have already talked to the prosecuting attorney and he is expecting this trial to take place sometime next year. yeah did I forget to mention this is going to be by a jury? other than that I am in the dark. I will keep you guys posted thats for sure.

Whatever you do, do not just lie down on it, otherwise, the judge gives them what they ask for. You MUST respond to every motion ON TIME or you're going to create major problems for yourself which could last a lifetime.

--Wag--

solid advise wag.

sometimes counter suing can deter people from continuing with their law suit. you can offer to drop your suit if they drop theirs. of course, run that by a pro before you do it.

Yeah I totally wouldn't hire a lawyer in this case. This is just some civil suit BS.

Firstly its important to note that a civil suit in the US can be brought up for practically any reason. I could bring up a civil suit against you right now.

So don't be intimidated by their letters and rambling. This guy is basically Dr. Evil asking for 100 million dollars. Part of the lawyer's game is that he will try and intimidate you into settling outside of court

Secondly, don't drink, its bad for you

Thirdly, You have the right to ask for any evidence that the opposition has. Submit a fedex letter to the lawyer's office asking for any and all materials and evidence they have on your case. They have to give you this information. They also have to give you a list of any witnesses they plan on calling into court. Be sure you ask for these things directly the opposing lawyer will not be helpful to you.

Ok so read over the stuff and see what they are dealing with. At this point you should see that they have nothing and you can easily defend yourself.

The key is not to be intimidated!!!!!!! There is no magic about a lawyer that will make him win, he just knows the system better than you do.

Quit drinking and do your research!!! defend yourself!!! Everything you need to win your case is here on the Internet.

Oh and feel free to countersue :) It's your right after all.

Oh and if you do countersue, I suggest something pretty reasonable, say $10K for inconvienance based on all the reseach you are going to start doing as of now, $15K for mental anguish (loss of dog, stress, replacing dog). Don't pick a huge number, that will just make you look stupid

The judge decides how much to award in each case. Like I said the other dude is Dr. Evil asking for some random large amount.

But you asking for a small and reasonable amount like this will start to scare the opposition. Stick to your guns.

I remember your first post. Ouch, $90K?

You are not legally at fault on this in any way shape or form. I don't even see where at any point you could be.

If somone would like to point out to me where he is I would LOVE to talk about it.

Maybe some commenting back and forth will give him a better understanding of his current situation and give him some ideas on things to keep in mind and bring up to his lawyer.

Also does the original "Bad Day" Thread go into more detail? If so could somone post a link as it's 8am just getting off work and need to get sleep :twitch:twitch

Thanks;
-Reckless

You are not legally at fault on this in any way shape or form. I don't even see where at any point you could be.

He owned the dog that bit the guy. And the dog wasn't on his property at the time. :dunno

And staticlag, I don't believe you can countersue for pain and suffering if you haven't been injured and that would be brought against the PD anyway.

OP - someone I work with had to hire a lawyer to get her husband off of aggravated assault charges. There were more but got dropped. Literally got into a fist fight with the neighbor. Took about a year and cost her about $5k. Your $20k estimate is more like a murder case!

He owned the dog that bit the guy. And the dog wasn't on his property at the time. :dunno

And staticlag, I don't believe you can countersue for pain and suffering if you haven't been injured and that would be brought against the PD anyway.

OP - someone I work with had to hire a lawyer to get her husband off of aggravated assault charges. There were more but got dropped. Literally got into a fist fight with the neighbor. Took about a year and cost her about $5k. Your $20k estimate is more like a murder case!

Read my post more carefully. In no place did I say pain and suffering. Mental anguish on the other hand is valid in this case.

Previous post:

http://www.gixxer.com/forums/showthread.php?t=252742

All excellent advice. Glad you remembered this:

Thirdly, You have the right to ask for any evidence that the opposition has. Submit a fedex letter to the lawyer's office asking for any and all materials and evidence they have on your case. They have to give you this information. They also have to give you a list of any witnesses they plan on calling into court. Be sure you ask for these things directly the opposing lawyer will not be helpful to you.

Previous post:

http://www.gixxer.com/forums/showthread.php?t=252742

Any other thoughts, CO? Or are we pretty much on the right track so far?

--Wag--

Well I'll start by stating the fact that His dogs were all under controll at the time of him leaving.

He has his dogs in a controlled enviorment, Fenced in his yard, and he did, by neccessary means what he is obligated to do by law to ensure that his dogs are kept captive and out of way of harming others.

It was his neighbor that had released his dogs from his property.

So again, that was completly out of his controll, as he did nothing negligent in this situation.

Now tell me, you walk onto your neighbors property and un-tie their dog from his leash and he bites you...are you going to sue him? No, I didn't think so.

I said that back up in post #4 !

Some thoughts from a attorney friend.

He needs to perform discovery in his case. He needs to send at a minimum interrogatories and requests for production of documents. The plaintiff has to answer, and if he doesn't, the judge will limit his recover and/or throw his case out. These need to be sent to the plaintiffs attorney with instructions that they are to be answered within 30 days. He also needs to send a Notice of Discovery to the Court on the day they are sent.

Interrogatories are questions with a fancy name. He can ask 25 questions that the plaintiff must answer. He should ask such things as where the guy is employed, what injuries he sustained, where he was treated for injuries, what is the prognosis for his injuries, how his loss of income was figured, what witnesses he plans to call to trial, what experts he intends to call and what those experts are going to be testifying about.

He also need to request many documents, including:
1. Tax returns from previous three years
2. Copies of all out of pocket expenses incurred.
3. Copies of all medical records pertinent to injury
4. All exhibits expected to be used at trial
5. Any documents used to answer any interrogatory.
6. All documentation to substantiate his loss of income.
7. Any photographic evidence.

There are more, but that would be a good start. Also, a quick search on the internet for Interrogatories and Request for Production of Documents would probably give him a decent template to make these requests. Requests for Admissions would be a good idea too, after he does his homework.

Also, while the fact this guy gets a 1099 from someone isn't relevant, whether this guy reports his income to the IRS is very relevant. If this guy is working under the table and not paying taxes, he absolutely cannot claim his loss of income, even if he makes a million a year.

He also needs to get a lot more specific about how the dogs escaped. If there was a hole in the fence that was covered by something that was moved by a worker, that is a lot different than if the workers just began dismantling a fence. Also, if this fence was located on the property line itself, it is actually both his and the neighbors, and cannot be removed without his permission. Therefore, if on the property line, the worker committed a trespass, destroyed his property, and is now trying to complain about the consequences of his own actions.

My last advice is that he needs to make an Offer of Judgment of around $1,500. When you make an offer and it is refused, the refusing party will be required to pay the offering parties costs if the plaintiff does not recover the amount of the offer at trial. Costs may or may not include attorneys fees in California. Once the guy refuses the offer, our guy should immediately hire an attorney and proceed. If his attorney wins the case, or the plaintiff recovers less than $1,500, the plaintiff will be on the hook to pay the costs. More reading: http://home.earthlink.net/~geoffbryan/998.html (http://home.earthlink.net/%7Egeoffbryan/998.html)

One last note, he needs to find any pictures he can of the scene, whether before or after. Pictures tell a story much better than words.

Last but not least, he needs to hire an attorney! If he is getting sued for 90k, he is an idiot if he doesn't hire one, unless he prepared to file bankruptcy immediately after the judgment. It's ridiculous to think you could defend yourself in that big of a case. A person who represents himself has a fool for a client.I can see the direction he's heading with this advice. Take it or leave it but definitely consider it very carefully.

Again, keep us posted.

--Wag--

Ahh thank you Wag. I was trying but couldn't for the life of me find a good way to word the fence being on the property line or not and if it is it being both parties, and tresspassing.
Thanks!

He owned the dog that bit the guy. And the dog wasn't on his property at the time. :dunno

And staticlag, I don't believe you can countersue for pain and suffering if you haven't been injured and that would be brought against the PD anyway.

OP - someone I work with had to hire a lawyer to get her husband off of aggravated assault charges. There were more but got dropped. Literally got into a fist fight with the neighbor. Took about a year and cost her about $5k. Your $20k estimate is more like a murder case!

$15k for a half assed dui lawyer.

Thanks again for the advise. I spoke to a lawyer and they said a big stradigy (spelling?) is to draw out the case. So the defence is dumping cash into their lawyers, to where pretty soon the lawyer cost start racking up to a point where it's easier and just cheeper to settle. I have an appointment on Tuesday for a counsiltation with a lawyer. Also even though the home owners insurence denied the claim because there was not dogs listed on the actual policy, from research I have done unless the policy spicifically states that dogs are not covered they usually are. So the lawyer will be looking over that as well.

Again guys thanks for the help and advise!

I dont know about where you live, but in Delaware if my dog bites someone, I am at fault, regardless of where it happens. It is a BS law but it is the truth.

Neighbors of my parents left their dog inside,a very nice white lab, they were going on vacation for three days and asked their neighbor to let the dog out and feed it. Their only caveat was that the dog didnt particularly like women, which everyone on the street already knew. So long story short, the husband was busy and couldnt let the dog out, so the wife went over to let the dog out. Went inside the house, the dog bit the fuck out of her hand. Even though they specifically told her not to go into the house and tend to the dog, and it was INSIDE the house, she sued them for something crazy, like $1.5mil. I believe that their insurance did cover it, though they settled for around $300k, and had to put the dog down.

Last but not least, he needs to hire an attorney! If he is getting sued for 90k, he is an idiot if he doesn't hire one, unless he prepared to file bankruptcy immediately after the judgment. It's ridiculous to think you could defend yourself in that big of a case. A person who represents himself has a fool for a client.

^ Best advice in the whole thread.

I do agree with what was said above. I am not defending myself simply because I want to try my luck. Its more along the lines lawyers are not cheep nor do they work for free. meaning I do not have the money to hire an attorney.

that aside I went to court today got a trial date for march 21st 2011. With mediation two weeks before to see if we can settle. I briefly spoke to his attorney after the conference, and he is a pretty nice guy, he even apologized for the loss of my dog and everything I am going through. Even though he is bending me over without asking and ramming it home...At least he's doing it with a smile right? But he still has no idea that I have a testimony from my neighbors and hopefully soon a written and signed statement that my neighbors hired his client. This will NOT be made known until I have the written and signed statement in my hand and I consult with an attorney. Which I have a appointment later this afternoon.

Redneckrider. Most of what you said is true about Ca laws in regards to dog owners. If somebody is bitten than it is the owners fault. UNLESS the dog was provoked (which mine was) and Trespassing that is still undetermined. (based on property line)

I will keep this thread updated as things go on, I cannot stress enough to all of you Thank you for your help and support. I know we have a lot of dog owners on this forum. It really sucks to not only have to see a 4 inch hole in your dogs back from the trigger happy cop armed with a .12 gauge, and half to dig that hole in the backyard that you dread. But to deal with all this bullshit 6 months afterwards is very overwhelming.

As I've said before, I'm no attorney but here are some more thoughts.

I do agree with what was said above. I am not defending myself simply because I want to try my luck. Its more along the lines lawyers are not cheep nor do they work for free. meaning I do not have the money to hire an attorney.

Likely going to cost you more if you don't hire one than if you do. Just sayin.' Sucks, though.

that aside I went to court today got a trial date for march 21st 2011. With mediation two weeks before to see if we can settle. I briefly spoke to his attorney after the conference, and he is a pretty nice guy, he even apologized for the loss of my dog and everything I am going through. Even though he is bending me over without asking and ramming it home...At least he's doing it with a smile right?

That is exactly the right perspective to have on the other attorney. He sees you as lunch. Or a new boat. Something like that.

But he still has no idea that I have a testimony from my neighbors and hopefully soon a written and signed statement that my neighbors hired his client. This will NOT be made known until I have the written and signed statement in my hand and I consult with an attorney. Which I have a appointment later this afternoon.

If I'm not mistaken, you don't have to make it known unless it is demanded. Therefore, keep it to yourself, in other words.

Very valuable to have an attorney coach you through this, even though you're doing the legwork on your own. $400 or $500 and you can get a world of help which will be invaluable to you in the short run AND in the long run.

Redneckrider. Most of what you said is true about Ca laws in regards to dog owners. If somebody is bitten than it is the owners fault. UNLESS the dog was provoked (which mine was) and Trespassing that is still undetermined. (based on property line)

Knowing this is critical and finding out how to demonstrate those two facts is critical to winning your case.

I will keep this thread updated as things go on, I cannot stress enough to all of you Thank you for your help and support. I know we have a lot of dog owners on this forum. It really sucks to not only have to see a 4 inch hole in your dogs back from the trigger happy cop armed with a .12 gauge, and half to dig that hole in the backyard that you dread. But to deal with all this bullshit 6 months afterwards is very overwhelming.

My heart goes out to you.

Ask your attorney but there is the possibility that having this all discussed in an on line forum could be tragic to your case. See what he thinks. If so, there won't be any complaint from me if you delete this thread.

Good luck, regardless.

--Wag--