Need help with small claims court evidence

[anilaky]

First, read this:

http://www.faunaclassifieds.com/forums/showthread.php?t=622960

Second, I am going today to pick up my animals from the lady that killed my gecko. I intend to use this meeting to collect potential evidence/documentation in case I do not receive reimbursement for the items below:
A) $50 to cover boarding fee for half a month (the geckos were only with her two weeks so I think giving me half of my boarding fee for this month is fair)
B) $100 for the gecko that she killed


Here is my plan:
The lady offered to replace my gecko. I told her I wasn't ready for a new gecko yet. Today when I visit her I intend to have a video recording. I will start the video by taping where I am, the location, etc. I will then put my phone face down and record just audio.
She doesn't know I'm taking them today so I will start by asking my fiancé to take the empty gecko cage to the car. Then I will ask her "you remember how you offered to replace my gecko" to which she will say yes and then I will tell her how I am not ready for a new gecko at the moment but paying for the one I lost would be best, and tell her the dollar value of the gecko I lost ($100). I will explain to her that this is the least expensive option as getting a new gecko requires paying for shipping, usually about $50-$60 as well as the new gecko (probably in the $100-$150 range). Let's say for the sake of argument that she will agree to this.
Then I will tell her that I don't think the boarding is working out and that I am going to take my animals back into my possession. At this point I will have my fiancé start bringing the animals and their cages to the car. I will ask her if she can reimburse me for 2 weeks of boarding - since we agreed to $100 a month (I have written documentation of that) and she only had them for 2 weeks if I can have the $50 back for the other two weeks.
Don't know if she will agree to that or not. Again, let's say she does and she doesn't have the money at the moment. I will give her my address and ask her to send a cashiers check to my home address and if I don't get it within 1 month (July 14, 2017) that I will take her to small claims court.


I know that this is a lot of what-ifs. But what other documentation should I provide the court if it ends up going this route? I know this is a small sum of money but I am a college kid and every little bit of money is necessary.

 

[Lucille]

Kalina, if the lady is offering to buy you a new gecko, it sounds as if she regrets what happened even though she does not seem to be a very good critter sitter. Let's see how the evening goes, and what she agrees to do to compensate you for the gecko and pro rated boarding fee refund. Suing someone for $150 may not be worthwhile especially as her actions although not very responsible, did not seem intentional. Even you imply that you did not know that cats could get into this enclosure, perhaps she did not either

Of course, I don't want to risk another cat incident. Apparently cats know how to open Exo Terras.

On the other hand, a bailment should be returned in the condition it was delivered, but different jurisdictions have different standards of care.
If you don't leave with the cash, bring pen and paper and make a written dated memo of the agreement you and she come up with, specifying what is to be paid for the gecko and boarding refund, and have her sign it. Take it with you, copy it and mail her a copy.
Please update us with what happens.

https://www.depts.ttu.edu/sls/forms/How-to-Sue-in-Small-Claims-Court.pdf

 

[anilaky]

I decided not to bother with it and just get out of there. And of course I don't WANT to sue her but at the same time I didn't want to pay her $100 to kill my gecko and starve my frogs. $150 is just about all I have right now and I need that money, I know it's not a lot to sue over, but at the same time, that means it's not a lot of money to return to me, especially after the care methods weren't met. Offering to buy me a new gecko is nice, I don't need a new gecko. And buying a gecko would be the same to her as giving me that money back.

It didn't help that she thought they cost like $10, when I told her how much Tiki was she said she couldn't get one for me. She couldn't even do the $60 ones at petco. I decided not to bother. I lost $100 and my gecko. She should pay me back. But I know she isn't going to and I can't make her. It's an unfortunate situation and as much as I want my gecko back or part of the money that I lost I won't get it back.

My frogs are underweight and severely dehydrated, apparently she's an expert at killing animals (or nearly so). Good thing Pac mans are hardy.

 

[anilaky]

I would have taken the offer for her to buy me a new gecko, but I don't have room for it and I don't want to inhimanely have her buy me a gecko and turn around and sell it to someone else to "get my money." That's inhumanely stressing an animal out. She should give me my money back so that I can get another gecko when I want to and when I am ready, or at least give me part of my boarding money back so that I can pay someone else to board them that doesn't lie about knowing how to take care of reptiles.
It's not that hard to close a cage door, not hard to mix Pangea, and it's not that hard to pour some damn water in the cage every day.
It's not that hard to give me the money she owes me.


^^^venting

 

[anilaky]

Is there any way to delete this thread? Since I decided not to do anything about it.