For those of you who don't know, I am being sued by a person who took care of my birds while I was hospitalized. She had told me that the hospital Social Work department would cover her per diem costs (while I would cover the food costs), only later to discover that she was mistaken, so now she is suing me to recover her costs. So one night ago, I had my first appearance in small claims court. To say the least, I was incredibly stressed out, and barely able to think, and feeling ready to vomit much of the time.
The court appearance was scheduled for 610pm, but the courtroom did not unlock its doors until 625pm -- this additional waiting was very very stressful.
After we all entered the courtroom and settled down on the benches, the court clerk called the names of each case's litigants to be heard that evening and asked us if we wanted to be heard by the court or by an arbitrator. If one agreed to work with an arbitrator, the decision of the arbitrator would be binding (with no right to appeal), but the case would be decided that evening. Being heard by the judge meant that the decision could be appealed -- at significant cost to the person doing the appealing -- but this also means that it would be awhile before the case would be heard since the judge could only hear so many cases each evening.
As expected, there were too many cases to be heard that night so the judge began with oldest cases first, and the rest of us sat around the courtroom for hours, waiting for our chance to be heard. Finally, the court clerk called me and MV, the woman who is suing me, to come into another room to negotiate another court appearance because the judge did not have enough time to hear our case that night. Separately and in private, he asked me and MV about the situation. I basically told him that we had no contract because MV told me she would recover her per diem costs from the hospital, that I had only agreed to pay for the food, and the reason she was suing me was probably because she belatedly misunderstood that the hospital was not going to pay her after all. The entire conversation only took a few minutes.
Then the court clerk spoke with MV and she spent at least fifteen minutes arguing with him while he told her that in the absence of a contract, there was little that the courts could do. After the court clerk asked me to rejoin the huddle, MV announced that she would call two witnesses, which really surprised me.
"Witnesses?" I asked. "But there was no one there."
She is apparently going to call my social workers as witnesses, which immediately made me feel extremely vulnerable and betrayed by them for agreeing to do this -- as if I am a liar!
The court clerk then told me that I was free to verify the validity of the witnesses in court.
As I was leaving the courthouse, MV tried to set up an informal settlement with me in the form of small, easy-to-make payments. I refused her offer (my impression of a settlement is that the fee would be reduced, but it wasn't in this case -- although even then, I wouldn't have settled) and I left.
Normally, I am a high-energy person, so due to this event which was intensely stressful, I found it impossible to sleep that night, as had been the case the night before my court appearance. The night after my court appearance, I finally had to rely on chemistry to calm down enough to get even a little sleep. But fortunately, I am finally recovered today.
And I have another court appearance in in the third week of May, yikes!
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Wow - I hope you find that your social workers aren't going to say what MV thinks they are - or that the judge understands the way things worked. It's too bad for her that she didn't get paid, but she ought to be suing the hospital.
PS - sounds like the judge gets it: the absence of a contract.
Good luck!
What about agreeing to the cost, and then deducting the exact same amount for her killing one of your birds. I just can't believe what kind of a jerk she is anyways. Maybe you can call a witness for your own distress over her poor caretaking.
Don't feel betrayed by your social workers. If MV serves them with subpoenas, they have to come, and they'll be in contempt of court if they don't. (Yes, I know, they could file a motion to quash. It's often easier just to show up and testify.) They don't have to say what MV wants them to say, though, and you get to cross examine them.
Bravo for not settling.
I hesitate to ask this because it might cause you more duress. Do you have proof the bird actually died or could she have sold him? I only ask because you mentioned he was your most valuable bird.
the cost of replacing my bird is in the thousands of dollars (if i could even find one of his kind for sale, which is unlikely since he is quite rare), so we would be even, financially and maybe emotionally, according to my calculations.
(i knew his parents and i raised him from a wee chick of ten days old so he had only ever lived with me, so my emotional attachment to him was quite strong).
the problem is that if i ever admit the debt, then i have to pay it. of course, i could counter-sue her for the cost of replacing my bird, but it would be nearly impossible to recover that cost because i would have to prove that she killed him due to gross negligence or mistreatment. i doubt i could prove either, even if she did mistreat or neglect him, unless she beat him to death, which i doubt happened.
MV calling witnesses? I'm not sure she can compel people in a small claims court. The power to compel is limited. She might be trying to intimidate you into paying the money.
This happens all the time in legal proceedings. Its no coincidence that MV did this after the clerk told her that without a contract she can't do much about it. It sounds like she might be getting desperate.
I'm not sure what your social workers can say about this. If they were not there at the time, they really can't say much. Unfortunately it seems like she might be trying to use your mood disorder against you.
To put it bluntly MV wants to show that you're too crazy to be believed, but to put it bluntly again screw her. Call MV's bluff.
I have the gut feeling that any testimony given by your social workers may work to your benefit...
You have worked long and hard to find your center, don't give this person any power over that! Truth will out, and this, too, shall pass. And by the way, everyone, mood disorder or not, would be anxious, upset, unsettled, and have difficulty sleeping under these circumstances.
Hi Grrl,
I think the suggestion about calling the whole debt cancelled against the loss of your bird is a good one. MV does not sound very stable to me, unfortunately, and nothing you've written makes it sound like she ever acknowledged responsibility...
I hope you did not go to the first appearance solo--and sure hope you line up a friend to go along to the next one...any friend, to help diffuse the stress somewhat. A lawyer-type friend, of course, would be ideal ;-)
peace,
@JPS
Parties to small claims suits in New York State can indeed compel witnesses. Reference:
http://www.courts.state.ny.us/ithaca/city/webpageguidetosmallclaims.htm…
Grrl, don't despair. If MV is bringing in your social workers under compulsion as hostile witnesses, they aren't going to fall all over themselves making you look bad. You may find them *very* friendly when you cross-examine.
You should get Phoenix Wright to help you out. ;)