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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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On the morning of Tuesday, January 29, two dogs, Chewy and

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On the morning of Tuesday, January 29, two dogs, Chewy and Cringer, climbed the leaf barrier erected by our neighbors and crossed the fence into our yard. At this time Cringer and Chewy attacked our dog, Beaufort. I can provide a detailed account of the attack and Beaufort’s subsequent hospitalization as well as the itemized veterinary bills incurred as a result of the attack. The injuries sustained by Beaufort required hospitalization for two days, including sixteen hours in the intensive care unit. An additional two return visits were necessary: one to further assess multiple puncture wounds on abdomen, chest, and neck and a second to reevaluate recovery. The total cost for Beaufort’s veterinary bills was $1167.26.

To avoid a civil litigation and because we consider Chewy and Cringer dangerous to our dogs and children, the following three conditions were requested:
1. Reimbursement for veterinary bills
Payment in full of $1167.26 for veterinary costs incurred due to injuries sustained as a result of your dogs attacking Beaufort.
2. Prevent future fence crossings and breach of property boundary
Remove the potential for your dogs to again cross the fence into our yard. This will necessitate relocating your woodpile and your yard debris pile, both of which encroach onto our property. The survey markers denoting the property line are approximately six inches outside of our fence. Both the wood pile and debris pile are currently in contact with our fence.
3. Property damage to fence top support pole
Payment in full for the cost to repair the fence incurred as a result of your wood pile resting against the fence and bending the top support pole. Once the wood pile and debris pile are moved, we will contract the necessary repairs to the fence and remit the bill to you for reimbursement.

We have a small claims court date on June 27, 2013. The owners of the dogs have since attained an attorney and have requested that we move the date due to a conflict.

My question is if we do not move the date will it automatically be moved at the request of their attorney and should we hire an attorney ourselves?

Thank you for your question. It certainly seems like your requests were reasonable. I don't understand why your neighbors wouldn't comply and forced you to sue.

If you do not comply with the request to move the date, the attorney will have to file a Motion for Continuance and tell the court why he/she needs the date moved. Generally, these are freely given the first time. However, there is no need for you to agree to it. The burden is on the opposing counsel to demonstrate to the court why it wants the trial date moved.

In regard to whether you should get an attorney, you certainly are not required to legally. However, when you don't have an attorney, you are at a disadvantage.

Honestly, it would likely cost more to have an attorney than for the amount you are suing for, so I'm not certain that it is worth it in this case.
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