Legal Advice?

[Adam Smith 2]

Wise words from TJR. There is nothing more dangerous than someone who has nothing to lose, or feels that way. Just the other day in my local news, man was coming home from a night out with his friend, and passed a known drug house. A guy came from inside the house, picked a fight with him because of his ethnicity and took his hat to taunt him. When the fellow stood his ground and demanded his hat back from the druggie, he was (as the newspaper reported it) "eviscerated with a 6-inch folding knife".

 

[Mike Dziubina]

damn that article is intense...i do agree with the points of TJR...however i feel that if you let people like this get off, they continue on their vandalous ways...maybe this guy needs a good smack to get him back on point...and you need your money...way i see it is, if no one brought anyone to justice, what will prevent anyone from doing it again...do you deserve to be a victim? did you work hard for what you have? why let a scum bag bring you down...by bringing him forward you not only help yourself, but you might help him too...but again, the ball is in your court...

 

[Thomas Rogers]

Mike CT makes the valid counter-point argument and I totally understand it and agree with it. Everyone needs their "Walking Tall" moment and big stick.



TJR

 

[Jeff C]

Just make sure you have the bigger stick.

 

[JK II]

TJR while I do agree with you, it just sucks having to look at the marks EVERYDAY and I want him to pay to fix it. I mean should he ever do it AGAIN then it won't be about the money...

 

[TomT]

If you filled out a police report in the first place then I would go back to the police and tell them what you now know. Who knows how many other vehicles this kid has vandalized? Maybe they can connect him to some other vandalisms and have enough to put the SOB in jail for a while.

 

[peter barone03]

JK,



If you go to Judge Judy or one of the TV judges you need to submit your paper work to them and they review everything to determin if in deed you really have a case. 1 1/2 years is not really a long time but you would need to confirm what your state has as a resonable time to file. Some states have a 2 -3 year statue of limitations laws.If your past the file date then your out of gas and might as well drop it at that point.

If you fall within your states time frame then contact the TV judges what do you really have to lose , these shows usually have a pool of money which they draw from for restitution.

Plus you even get a free trip if your case is picked.



Make sure you have the wittness or a notorized statement, 2 estimates to repair the damage (They will always take the low estimate), pictures of the damage.That should do it. Submit it all and wait.





Pete03

 

[Gavin Allan]

Why do you have to take him to small claims court, etc.? This shouldn't be a civil matter-- it should be a criminal matter. Local law enforcement should be filing the charges and prosecuting the case.



Probably best to keep that tire iron handy, though...

 

[Area 51]

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. Bill-E

While that may be true on the "action" part, it will be entered to as a "judgment" against him, which WILL show up on any future loan applications he takes out. He may not pay it today, tomorrow, next week, next month, or even next year. But at some point, it is gonna come back to haunt him.



And with some employers looking at credit history of employees for some positions, it could even keep him from getting a job....an outstanding judgment by a court would not look that great.

 

[Gypsy me]

JK, the only way you are going to get him to pay for damages is to take him into court. Your witness needs to go with you down to the station..or just call the cop that took the report...and he or she will need to make a statement.



Whether you do it on your own (meaning with the police investigators help) or your insurance company does, You'll need the police report and facts. So now you have to decide...friends brother or get my truck fixed.



Personally, I think if one does the crime then one needs to pay the fines and do time ha ha! I'm hard core that way. Especially if somebody messes with my Trac, "which they don't"



edit: I just read it was the guys ex girlfriend as the witness. She may be a woman scorned..but I bet she is telling the truth!



OH and if he retalliates...the cops will go to him first. well that is...If they are "smart"

 

[Chris Kulbaba]

Let it go, its not worth it. Someone else will deal with that punk ass down the road.

 

[Rich Stern]

Sometimes it's not an easy choice, but the "right thing" is to hold people accountable for their actions, for recovery of your own loss, as well as to warn/protect society from future criminal acts by the same person.