Legal Question in Civil Rights Law in Colorado
Civil Counterclaim (Dog Bite)
A dog bite occured on Sept.17, 06. Complaint & Summons were submitted to Defendant.
Defendant signed in the area that states: WITHOUT ADMITTING GUILT, I HEREBY PROMISE
TO APPEAR AT THE TIME AND PLACE INDICATED. (LAPLATA COUNTY COURT COLORADO)
On Jan. 13, 2007. Defendant Quarantined dog for 10 days, Def. received ''Bite Questionaire'' which stated
Victim DID NOT see a doctor. When Defendant appeared in court she received a COURT ORDER
to pay $140.84 court fees and 61.84 restitution. No evidence was presented for Def. to review
ie. doctor bills, check stubs, or evidence of damaged clothing. Def. paid this within 7 business days.
Victim has now filed AMENDED RESTITUTION ORDER requesting $361.84 which $61.84 has
already been paid, $300 is for doctor bill unpaid by insurance. Can Def. file a Counterclaim stating she never was able to review supporting
documents to Victims claims, When she went to Court to obtain these documents she was told
her file was lost. Can she also request that Victim pay Def. for missed work, and kennel purchased to quaratine dog?
2 Answers from Attorneys
Re: Civil Counterclaim (Dog Bite)
"A dog bite occurred" makes it sound as if Defendant had no relation to the dog who bit the victim.
The first thing you might do is face it squarely: your dog bit someone. When "Defendant appeared in court" you apparently pleaded guilty to the charge detailed on the complaint and summons, because a court has no power to order you to pay fees and restitution otherwise, and would have set a date for your trial.
The district attorney has 90 days to determine a final restitution amount. You have every right to protest that amount; if you do the court will set a hearing for you, and you or your attorney will be able to see exactly what documents inform the demand for restitution. The DA will have to reconstruct them for the hearing.
Having pleaded guilty to the dog bite charge, if you file a civil suit demanding that the victim pay for your lost time in court, and for quarantining your dog to see whether the victim need undergo extremely painful rabies treatment, you will be laughed, if not barked, out of court.
Go home, tell your mutt as often as you need to "Bad doggy" when it shows any sort of aggression, and pray it never bites another human being.
Re: Civil Counterclaim (Dog Bite)
You can ask anything you like, and since the court has the authority to tell the other side no, if you disagree, then the only solution is to appear in court and challenge it.
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