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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38466
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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A neighbor offered to display my lawn tractor at his place

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A neighbor offered to display my lawn tractor at his place because he leaves along the road. He refused to keep my sign with contact info and price posted on the tractor. He also had it attached to this archaic monstrous leaf vac wanting to sell it as a package deal. I had enough, I told him I wanted the tractor back. He said I owed him. For what? He power washed the tractor. We were also friends so when he told me he did so I figured it was a favor. I wouldn't have even thought of power washing a tractor. I was going to go to his place in the next day or 2 with a bucket of water and a sponge, but he did the pw before I could do that. I'm not paying him for unauthorized work. He is a business person (choke), has no license, but the only thing he was supposed to do, as he offered, was the display the tractor along the roadside. It was not even on his property as he told me it would be. Two doors down where he couldn't even see it from his house.
Anyway, told him I wasn't going to pay for something I didn't ask him to do. He immediately ran to the tractor, slamming gears, racing it up a hill of orchard grass and parked it in his backyard and chained it to a tree.
State police were called a few days later. Police talked me into playing "the big person" by giving him the $50 he wanted. I'm on disability and I would never consider paying for something as frivolous as pw a friggin lawn tractor. Met this dude the next day with the $50. He wanted me to sign a piece of paper that stated that I DID ask him to pw, etc. I'm not signing something untrue. He got angry and left. Has a motorcycle riding buddy present who is influencing and encouraging him. Want to charge storage fees now. He's trying to cover his ass for his wrong doings with this letter full of lies and me sign it. So now he's livid.
Long story short - he in his never-ending rage, KILLED MY CAT, who does go on his property. Guess so. He has cats and he leaves food out. Live in the country. This food attracts wildlife. He's already shot my cat twice, but this time he killed him. For what? Being a cat? It was nothing but for revenge.
I want to place a sign on the road with an arrow pointing towards his house that says "pet cat killer lives here". I know, I know, sounds silly and petty, but I have to find a release. My cats are my kids and I wouldn't be alive if it weren't for them. I have no fmaily or friends left and he knows how important they are to me. Can't get me for slander as I would not put a name on it. Left a message for him last night to return my cat's body so I could bury him. I doubt I'll hear back on that.
What would be the penalties if caught putting this sign up?
I'm already going to court route. This asshole was displaying my tractor for sale as his own before he could be served. I have to move quick for everything.
As mentioned, I need a release re: my kitty. Can I place this sign?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If you have evidence that he did kill your cat, I agree that it would not be defamatory. But it may still be actionable. He could, in theory, file suit for 'invasion of privacy', specifically for claiming that your sign paints him in 'false light' (as he can arguably defend his actions in some way that he shot a trespasser and not completely without cause, even if the it is not fully true). I will be honest and state that I am not seeing the benefit of this for you--and unless you want additional drama and additional issues, I cam not seeing this as a benefit. Instead you can always consider taking him to small claims and suing him for the value of your pet. Since a pet is considered to be personal property, much like your tractor, and he deprived you of your property, you can sue him for the value that pet had for you. And as there is proof that he did shoot and kill your pet, such a claim is valid and can be potentially successful. Plus, such an approach is perfectly legal and possibly even more financially painful.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38466
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

In order to prove that he DID NOT shoot the cat, being that the cat is on his property a lot, he can call me when he sees the cat. The cat has already been missing too long.


He shot the cat twice before. that's what I'm going to sue him for. my pet insurance reimbursed me $50.18 out of a $1900 bill. Then there's the vet bill from last April, but I did get reimbursed for all possible.


Didn't know these wounds were gunshots until I SAW THE XRAY REPORTS stating metallic fragments....I have a beef with the vet that they told me verbally when I was there that xrays were okay. They just read the botXXXXX XXXXXne and the botXXXXX XXXXXne did not mention fragments, so the radiologist was very sloppy on this too. Medical director emails and said he had spoken with hospital leadership and they are going to add a summary to my baby's report.


I swear to God, mail is getting worse as time goes by. More of it and more inaccuracies, i.e., credit card refunds missing after 6 months, wrong dates, no dates on important documents, etc., etc. On my kitty's last vet visit, there were so many inaccuracies many paragraphs had to be redone and they have to get permission to do that. I'm a medical transcriptionist so I know the importance of accurate documentation. A misplaced comma can change the meaning of a sentence.


I caught this guy red-handed shooting at my cat, didn't hit him. Shooting at him across a road. Dwelling are far too close to his where he shouldn't be shooting on his property at all. Shoots at raccoons coming into his yard. His on the raccoon's property not vice versa. God forbid he's shot a raccoon and didn't kill it putting him in the unbearable pain he put my kitty in on those two occasions. Say him last night, asked him where my cat was, didn't know. What did you do with him? Did you kill him? Says I'm not answering any more questions. If it were me and I did not kill the cat, I would have said NO, I DID NOT KILL THE CAT. This cat comes home every day no matter where he's been during the day. Something has definitely happened to him as we haven't seen him since 4am last Friday.


This guy is as volatile as they come. Loses temper and you don't know what he will do. His neighbors fear him. Walks around with a gun on his right hip every day everywhere. Shot a gun in the air last night after speaking with him.


As mentioned, his big mouth forces me to go to court where both sides of the story can be told. I have the tractor issue and now the cat issue. Can I put both on a small claims form to be heard at the same time? One does have something to do with the other.


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Carol,

Thank you for your follow-up. Typically the courts, for efficiency, consolidate cases. While these are separate issues and causes of action, they can be heard together at the same time. You would need to file them separately but can ask that courts schedule both for the same day and same hearing.

Hope that helps.

Customer: replied 1 year ago.

The reason the cat got shot was his anger over the tractor and not signing his bogus paper absolving him from any wrong doing and me admitting I did something that I didn't.


That sounds great, hearing them both together.


 


Thanks for your time and advice.


 


Nite

Expert:  Dimitry K., Esq. replied 1 year ago.

Carol,

Glad to help and please get some rest. Just please keep in mind that what I provide is not 'advice' but information. Should you have any other questions for me later, I would be happy to assist you again. Take care!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38466
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I don't know if I can write you on this "reply to expert" window, but it was here, so I am writing.


 


Same story. As I know this vile person killed my cat, I was looking for my cat's body around his property. I did not set foot on his property as I know he wouldn't leave a dead cat lying around, but I did feel that he may have thrown my baby over a fence on either side of his property. As I was looking he came running out of the back of his house with a gun and a flashlight telling me I was trespassing. I sure don't know how he could see anything out his back window. It's pitch black, no illumination whatsoever. I wouldn't go on his property even if I wasn't told to. It's a junkyard and in the dark? Flashlight or not. As I was walking along the his neighbor's property and his property I saw my tractor which was no surprise, but I saw a sign pasted on it that I wasn't sure I had seen before. It said "for sale by owner" with his phone number. I took a picture of it. I don't need to be on his property to do that as I have a zoom lens on my camera. I figure the camera flash is what he saw. He came out when I was walking away. I then get a trespass citation for $340.50. How can I fight this?


 


A few days later, I had to drive past his house to get to a public place, again in the dark. Place was closed. On my way back, he's standing in the middle of this dark road shining a flood light at me. I would have floored it by whoever was shining this light, but I recognized it was him when I got closer. Police will not take a report. Same trooper that would not take a report that this guy killed my cat called me back 5 hours after I called the station to ask why I called twice. Once to ask about reporting it and the 2nd time to see if they would report it. I would have expected a trooper to ask me about a person standing in the middle of the road shining a brilliant light at me when driving. Asked if anyone saw this. I don't know. Did anyone see me trespass?



What can I do about this citation?

Expert:  Dimitry K., Esq. replied 1 year ago.
Carol,

Thank you for your follow-up. I would be happy to clarify again.

Specifically where did you obtain the picture from, was it off private property or public road? Also, was this a zoom lens that is easily obtainable by anyone (by that I mean it was not some sort of a special forces lens or other lens that would need special training). I assume no, but I am checking just in case.
Customer: replied 1 year ago.

I was on his neighbor's property with a zoom lens, magnifies 12x.

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Dimitry K., Esq.
Dimitry K., Esq.
Lawyer
38466 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.