This
is a written record of when and for how
long the dog is barking. You can create
a computer log, use an old calendar or buy
a fancy notebook log.
Just
note the date and time the barking started
and when it stopped. If there were any outside
causes for the barking (such as garbage
men or letter carrier show up), be sure
to note that.
You
will need this record for the authorities
or legal action you may take. Have your
log for at least a week before you contact
the authorities.
If
you already have the equipment, you can
use a video or audio recorder or both. Just
make certain you can attach days and times
to the recorded instances.
6.
File a report with law enforcement.
This
may be the police or animal control, depending
on where you live.
The
police are often effective when they come.
Note, the "when they come." Dog
barking complaints rarely are a priority
with them, and they may not arrive in a
timely manner. In some areas, they only
come if there's nothing else going on; e.g.,
murder, rape, robbery, etc.
Animal
control may or may not be effective. It
depends on your area. With your log showing
that this is a chronic problem, you have
a better chance of getting their attention
and help.
Provide
animal control or the police with copies
of your written letters to the neighbor
and your log.
In
many areas, you will be required to sign
a complaint so your neighbor then will know
it's you who has been complaining. There's
no way around this.
Using
the authorities is an irrevocable course
so make certain that you are ready for the
fall-out and that the authorities will do
something worthwhile - such as charge the
dog owner with a misdemeanor or take custody
of the dog(s).
One
other note, if you live in a community where
there is some state or local agency that
has oversight, be sure to file a complaint
with that agency.
For
instance, if your HOA board hasn't acted
and your state has a board that oversees
them, send the agency a complaint with a
copy of your initial letter to the HOA and
send the HOA a copy of your complaint to
the agency.
If
you're in Section 8(a) or other assistance
housing, ask your case worker for advice
and assistance.
P.S.
Never exaggerate your problem. Rely on your
log to speak for you. It is human-nature
to see your problem as monumental but lying
or misrepresenting your case to the police
may be a criminal offense (remember Martha
Stewart?).
7.
Sue in Small Claims Court
All
states today allow people to bring actions
in Small Claims Court without a lawyer.
The amount of money you can ask for is limited,
usually between $2,000 and $5,000.
You
will need your written or electronic log,
copies of police or animal control reports
(both should provide you copies often for
a nominal fee) and ideally, witnesses other
than yourself.
You
will have to describe how the barking prevented
you from doing normal activities (such as
sleeping), give evidence of the barking
(through your logs, etc) and show that you
asked the person to stop the noise (copies
of your anonymous or signed letters).
Once
you have a judgment, if the neighbor doesn't
pay, you can attach their bank account or
get a lien on their home. If the barking
continues, you can sue them again but you'll
probably want to move on to the next step.
8.
Get a lawyer.
There
are two things a lawyer can do. One is to
send a "lawyer" letter to the
dog owner or the authorities, public or
private, who should have been taking action
to stop the dog barking.
Many
people- especially landlords and HOAs -
will finally act when they get a formal
lawyer letter and realize they could be
sued.
A
lawyer letter is a fairly economical way
to go and may force some action.
The
other thing a lawyer may do is get a restraining
order against the dog's owner. The order
may require the owner to keep the dog indoors
or some other action that stops the noise.
These can't be obtained through Small Claims
Court so you will need a lawyer.
A
restraining order will be expensive, the
dog's owner may counter-sue and it may be
a prolonged financial and emotional process
through the courts.
Its
often effective, however, because the dog's
owner may be arrested if he violates the
order.
An
alternative to the restraining order is
mediation or arbitration and your lawyer
could offer this to the dog's owner. It's
not that this isn't workable, it's that
when it's reached this point, the dog owner
is apt to be a 100% nut and may be too emotionally
deranged or violent to cooperate in a mediation.
9.
When all else fails, move but disclose the
barking.
Be
aware that in many states you must disclose
to potential buyers that there is a nuisance
in the neighborhood; i.e., the barking dog(s).
California
actually had such a court case and the homeowner
who was trying to sell lost the case because
he didn't tell the real estate agent or
buyer about the barking dogs.
2
Steps to Avoid
1.
Don't shoot the dog.
I'm
serious. There was such a case. Do not get
to the point that you poison or harm the
dog or the owner or the owner's home.
Yes,
you know better but lack of sleep can distort
your thinking. Your reputation, credit rating
and bank accounts may be seriously damaged
if you react violently - no matter how provoked.
2.
Don't confront the owner.
Sometimes
people recommend that you tape the dog and
play it over and over on a loud speaker.
Or they recommend calling the dog's owner
at 2 a.m. when the dog is barking.
These
things probably worked in the non-litigious
past but they are apt to get you into trouble
today. You can be sued or you can be reported
as a stalker for too often or too vigorously
contacting the dog's owner.
Some
nutty dog owners will try to provoke you
so you look like the trouble maker to authorities.
Do not play into their hands.
Keep
your contact with the dog owner to a minimum.
You should rely on written contact and the
authorities and avoid situations where it
is just you and the dog's owner.
Unfortunately,
there are many violent people in the world
and you don't want to get in their line
of fire.
Good
luck.
