Legal Advice?

[JK II]

A lot of you know that about a year and a half ago my truck was keyed and my side mirror was smashed out in a movie theater parking lot. I filled a police report and of course they were not going to do sh!t about. But just a few days ago I found out who did by a witness to it. I dont care about criminal charges for him since it happens to be someone I know. Can I still get him to pay the damages? The whole side of my truck will need to get repainted. Other than beating the crap out of him what are my options? Thanks.

 

[Travis Munday]

You could always sue....take him to Judge Judy or whomever is popular right now.



You still got that tire iron handy from L-Ville? Yeah....

 

[Thomas Rogers]

You need to contact a small claims lawyer. They will likely have the witness sign a notarized affidavit and then serve the defendant a notice to appear in small claims court. The witness will likely have to appear too.



TJR

 

[Greg Stuhlsatz]

Also make sure your witness will follow through with you. Otherwise you will be out the money with your lawyer if you go that route.

 

[Bill Ellis]

In general, small claims courts issue judgements, but do not enforce such judgements. In other words, they tell the guy that he does owe you the money, but that they will not take any action to make him pay it. Pretty much a waste of time and money to my way of thinking.

 

[JK II]

You still got that tire iron handy from L-Ville? Yeah....

Always..



I figured the small claims court but the fact its been a long time makes me think nothing will become of it.

 

[Thomas Rogers]

JK II, did someone you know do this to your truck?



TJR

 

[Kris Gau]

I would tell the guy you are going to pursue legal action but your willing to forgo that if he is willing to pay for the damages. Have an attorney send him a threating letter. Dosent hurt to try. Otherwise Iagree that small claims is not worth the agrevation. The bad guy always wins.

 

[JK II]

JK II, did someone you know do this to your truck?

Actually yes. It was one of my friends' brother. Why he did it I have no clue. The witness is his EX-girlfriend.

 

[Travis Munday]

Get back to work.

 

[JK II]

I am working... Kinda.

 

[Tom Schindler]

How old is this friends brother?



Honestly, I would take it out of his @$$.





Tom

 

[JK II]

Not quite sure how old he is. But he's definitly in his 20's.

 

[Thomas Rogers]

JK II,



An ex-girlfriend as the witness. Is she credible? Hell hath no fury like a woman scorned.



I asked the question because all this would come up in small claims court and depending on what comes up it may not help your case.



What was his motive in doing this? Was this retaliation for something (in his mind at least)?



TJR

 

[Mike Dziubina]

i would deffinatly go after him!!! get your money, im sure you didnt deserve it....rite?? hehehe...and if not, where does he park his car and what is the right time to strike??? if you cant get your money back, may as well make him pay up too! hahaha..joking...dont do anything stupid, or jsut dont get caught! 2 wrongs dont make a positive, but 2 negatives make a positive!!!:lol:

 

[Kevin Palmer]

If you do go to court, (any level) and your witness can NOT make the trip with you. You will need a notarized statement from them. If it is not notarized they it is worthless as anyone can say anything on paper.



Being notarized is not guarantee, but will help substantially..

 

[Brandon Hovater]

Just go to the police station and file charges against him for property damage. Take the witness with you.

 

[JK II]

TJR I know what your saying. I thought of that as well.. She proved to me that she was there cause she told my friend EXACTLY what was done to it and described how my car club decal was on the back window. Plus she knew where it happened. So I have to believe that she saw it happen.



From what she said "I looked at him wrong" and he flipped out. The kid is a little messed up in the head cause I think he's heavy into drugs.



And as far as beating him up and what not.. Sure it'll be nice but my truck is still damaged so it won't do me any good lol.

 

[schnellmed]

What was the total amount of the damage? It determines misdemeanor or felony level.



Just file a new police report with your witness and ask the judge for restitution, even though you don't want to prosecute him criminally. The charge will most likely be dropped and he'll still have to pay.



806.13 Criminal mischief...



(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another...



b) Any person who violates this section may, in addition to any other criminal penalty, be required to pay for the damages caused by such offense.

 

[Thomas Rogers]

So, JK II, what exactly do you think will be the logical result of you trying to get money from this heavy drug user with sociopathic tendancies?



Seems to me a simple multiple choice question:



a. You will get nothing and continue to look over your shoulder for this guy



b. You will get some money, yet continue to look over your shoulder for this guy



c. He will go ballistic and then you will have to always look over your shoulder for this guy



I would say let it go. Life's too short.



Some will say that would make me a wimp, or a doormat, or whatever...but I've learned long ago that its not worth fighting with someone who has less to lose than myself.



TJR