I hate this generation! (legal advice plz)
Okay so I was in my auto mechanics class yesterday and this stupid kid was using a blow torch and thought it would be funny or something to torch my car door. So it melted some of the plastic and in the spot burned down to primer and bare metal. It's not a huge spot, but it is very noticeable. He keeps saying he can fix it, but there's no way he's getting near my car again. I let the teacher know and he wrote him up. I brought it to a body shop that I went to a while back and got it estimated at 485 dollars. They'd have to remove both doors and handles and paint both and blend the door, and replace some of the plastic molding he burned. So I showed it to him today and he said he won't pay because he doesn't think it costs that much to fix. I'm going to get two more estimates because i think that's what I legally need. I'm just wondering if I'm going to have to bring him to small claims court if it is at all possible seeing as both of us are minors. Any advice would be appreciated.
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I believe your parents would have to take his parents to small claims court, but not 100% sure, sounds right though. What an azz.[xx(]
Ben0 -
Judge Judy!
I think you are right jb.0 -
This is a deal for his parents.....if you are minors write out what happened...print out pics...and mail the estimate along with your statement to his parents. If you know them well enough to drive over there you should show them. If he is so stupid as to have done that....I bet his parents will believe you.
You will instantly learn one of two things when you get with them.
1...They understand and will take care of the damage in some way or pay you for taking care of it. Do not listen to "I'll make him take care of this".....noooo....tell them you would like to be able to wait for the damage to be taken care of but you prefer for them to handle this and him pay them back.
2...They are no better than the idiot they are raising and you will have to get YOUR parents involved in small claims to handle things. If you find this is true....drive your car over to have a police report done (witnesses will help with your case.)0 -
I had a neighborhood kid ride his bike into the side of my truck. Put a nice 8 inch gouge in the paint. I talked to his mom and suggested she contact her homeowner's insurance company. She did and the next day the guy came out and wrote me a check.
If that doesn't work, small claims court might work. I think it's about a $40 fee to file. Bring every bit of documentation you can and prepare what you're going to say. Be sure to bring estimates and so forth.
As for letting the jerk try to fix it himself, point out that he's not a licensed body and paint technician. Good luck with all.0 -
Yeah my buddy in the class was in my car when he did it. I came back from getting a part and saw it. I will probably get his address some how and mail the pictures and whatnot to his parents. Thanks. 0 -
I'm a former insurance adjuster. For the most part, I'd tell you that getting legal advice on a gun forum board is retarded, but in this case, it is simple enough.
1. Do not, I repeat, do not let this twirp repair your vehicle. He is not a licensed body shop technician. If he hurts himself trying to repair your vehicle, he can sue you (or your parents).
2. It doesn't matter if he believes that the car costs $400+ to fix or not. What matters is that this is what it costs to fix. I suggest you do the following:
a. Take good, high quality pictures.
b. Obtain a second estimate (although you don't have to, but it will surely help your case should this go before a judge).
c. Draft yourself a CERTIFIED, RETURN-RECEIPT REQUESTED letter. Obtain the certified mail stickers from the USPS prior to writing the letter. You want to have the certified mail # on the letter itself, so that if this has to be introduced into evidence, it negates the ability for your "friend" to say it is a different letter. The letter should state the facts (don't say anything but facts, no editorializing). At the end of the letter, you state the following: Please remit $_____ to me immediately, which is the cost of the repairs to my vehicle per the enclosed estimate. Should I not receive payment from you within the next ten (10) days, I will assume that you are not going to honor your debt, and I will be forced to explore other options. Do NOT say you are going to sue them, take them to court, etc. in the letter.
Anything you send them, be sure to keep a copy of it. Do not send your original estimates in the mail. You keep those. But, send a copy of both estimates and, if both are fair, choose the lower-priced shop.
d. Either you file a small claims action against your friend, or have your parents file one. You should check the laws in your state to determine if you can sue him directly or if you have to name his parents as well.
Good luck with this. This is something that should be a slam-dunk if you get your ducks all in a row.
Also, if you have anyone who witnessed the event, I'd ask them to write down their version of the facts, sign and date it, and then ask them very nicely when you have a court date if they'd testify on your behalf.0 -
STUPID needs to be taught the actions have consequences....get pro fix & try restitution from him (doubtful)then go legal....witness, teacher, estimates, a win...but forget small claims court..best they will do is say he owes but that is all 0 -
quote:Originally posted by spasmcreek
STUPID needs to be taught the actions have consequences....get pro fix & try restitution from him (doubtful)then go legal....witness, teacher, estimates, a win...but forget small claims court..best they will do is say he owes but that is all
That is simply not true. With a judgment, be it small claims or full-blown courts, you have a lot of leverage, especially with a kid that age.
If this kid ever attempts to get a job with someone else, it is likely they are going to run a background check on him. The judgment will show up on that background check. If he needs to obtain a license to conduct business, the state will run a background check on him, and the judgment will show up. If he wins the lottery, the lottery commission will run a background check on him, and the judgment will show up.
Most employers would want a judgment cleared off of a potential employee's record prior to hiring them. The reason for this is that they know wages can be garnished, and it is a costly and time-consuming process for the employer to comply with garnishment order.
Most states will not issue occupational licenses (or commercial driver's licenses) if there is an outstanding judgment on someone's records.
Moreover, judgments are good for seven years in many jurisdictions. If you know the kid is working, all you have to do is ask the judge to garnish the kid's wages.
And, in most cases, if the parents are legally responsible for the kid's debt, they are going to clear the matter up for junior. They don't want the judgment appearing on THEIR credit report.0 -
Been me,I would've kicked his ass for atleast $500 in medical bills. 0 -
You have gotten some very good advice. So, get it professionally fixed and sue. 0 -
You could ask for an extra $500 for mental anguish and all the "leg-work" you have to do to get that thing fixed, but I doubt they'd go for it. 0 -
Also note that this was out and out vandalism. I would file a police report but ask them to hold off on pursuing the matter until you have had a chance to negotiate with the parents. If that fails your could have him charged with vandalism and would likely receive restitution when he is convicted. 0 -
I have a crick in my neck from reading all of this.....add another $50 for my pain and suffering. 0 -
I think this is great, a ME I GENERATION missing with Another ME I GENERATION. 0 -
Get the write up that the teacher gave the kid. 0 -
Seems like if he did this at school they should be the ones to see that it gets fixed then they get the kids parents to repay them .
[;)] That is how it worked when I was in Vo-Tech and had an oopsy.
David.0 -
quote:Also note that this was out and out vandalism. I would file a police report but ask them to hold off on pursuing the matter until you have had a chance to negotiate with the parents. If that fails your could have him charged with vandalism and would likely receive restitution when he is convicted.
This is the best way to go about it. It may be very difficult to sue a minor or the minor's parents, but if the kid torched your car (especially if there are witnesses) then you should make it a criminal matter because that is what it is.0 -
quote:Originally posted by admin
quote:Also note that this was out and out vandalism. I would file a police report but ask them to hold off on pursuing the matter until you have had a chance to negotiate with the parents. If that fails your could have him charged with vandalism and would likely receive restitution when he is convicted.
This is the best way to go about it. It may be very difficult to sue a minor or the minor's parents, but if the kid torched your car (especially if there are witnesses) then you should make it a criminal matter because that is what it is.
i agree, you should have called the police. i would have.0 -
I still would call the police.
I'd also go talk to the principal.
Ben0 -
Also remember the inside of the door will need paint as well. He burned the inside paint off as well and it will start to rust from the inside out.
What did the shop teacher have to say about the pyro?0 -
spanielsells...interesting to hear your (simply not true) retort from new zealand??...we had a service station, implement dealership, pickup/truck sales, appliance sales for 50 years here in kansas & have been many times to small claims where often defendant was a no show or in attendance & judge ruled HE OWES IT....but no teeth to collect...best thing we did was tighten up credit policies because small claims was a loser to pursue.... i am speaking from hands on experience during our time of operation 0 -
quote:Originally posted by spasmcreek
spanielsells...interesting to hear your (simply not true) retort from new zealand??...we had a service station, implement dealership, pickup/truck sales, appliance sales for 50 years here in kansas & have been many times to small claims where often defendant was a no show or in attendance & judge ruled HE OWES IT....but no teeth to collect...best thing we did was tighten up credit policies because small claims was a loser to pursue.... i am speaking from hands on experience during our time of operation
spasmcreek is right, getting a judgement is easy. Turning that judgement into cash is often hard.0 -
gotta watch them torches their real badass 0 -
I WOULD GIVE HIM A GOOD WAMPPING BUT THEN THATS JUST ME.. 0
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