Small Claims Help?

[camino70]

Two of the neighborhood kids shot my truck with a bb gun a little while ago and each family agreed to pay half. They said in two weeks and now it has been four. I need some advice or a place to get advice on taking this to small claims court.
TIA,
Ron

 

[tommynos]

Two of the neighborhood kids shot my truck with a bb gun a little while ago and each family agreed to pay half. They said in two weeks and now it has been four. I need some advice or a place to get advice on taking this to small claims court.
TIA,
Ron

you have the right to sue either family for the whole amount and let them figuer who pays what later...in other words pick the family with the most money and go to the courthouse and file a small claims on them ,at the courthouse they will show you what to do....for example:if there was 15 kids throwing rocks,its not up to you to figuer who threw the rock that did the damage,they all were guilty just for being there and not walking away...its your right to sue each one for a %..or sue one(as a whole) and let them sue all the others for some money back...good luck to you..but first go to the post office with a letter(typed)and ask them to send this "certified" to one of the families,state that you are sueing them for the damage as a whole and if payment is not recieved in 30 days you will be settleing this in small claims court...you will recieve a copy from the post office when it is picked up by the family...that usually will take care of it and they get scared and pay also the judge will see ,on black and white ,that you tried to resolve this civilly first

 

[camino70]

Thank you.
Ron

 

[salvageV6]

Do you have a Police report for the initial occurance?

Do you have any written info. on the half pay claims, or witnesses to that admission of guilt and payback?

If not do you own a BB gun for retaliation?

I would guess the longer they wait, the less chance you have to make any claims in court which could easily be denied by each family on the day of court.

I hope you have some tangible evidence of guilt or witnesses to take to court with you.

 

[camino70]

There is a police report. One child admitted to the officer and his parents stated they would pay half then, with the officer present. The other family has written that they will pay half. Unfortunately, I have thought about purchasing a bb gun...
Ron

 

[salvageV6]

Sounds like you are well prepared then.

Most likely the threat of small claims court will get them moving.

I'd give them one weeks notice that you will be filing at such and such date if their half isn't paid up.

You should be able to list both parties one would think on the paperwork for the case.

Nothing wrong with owning a BB gun.

Get one used for cash at an auction or junk shop.

No paperwork trail.

 

[GNguy]

Dont file in small claims, file in superior court. All I know is that it makes it really hard on them because they have to go through the trouble of hiring an atorney.

 

[AZ Vic]

Dont file in small claims, file in superior court. All I know is that it makes it really hard on them because they have to go through the trouble of hiring an atorney.

Most courts will not allow a case to superior court unless the damages exceed xxxx.xx number of dollars. Usually 3,000... and... if they have to get a lawyer, so do you.

Check into the prepaid legal... I used them to write a letter to a company to get 5,000 in retainage back. They were giving me the real run around, and I told them I was going to hire a lawyer and yadda yadda... they did not care until they got that letter. 48 hrs and I had a check overnighted to me. Now, keep in mind this is the same company that handled one guy I knew from the same project like this... after countless phone calls and 3 letters, they sent him a single sheet of paper with a prayer written on it... that's right, a prayer... like you don't have a prayer so - here's one.

it cost me like 20 bucks a month and they will write 2 letters a year for you... unlimited phone consultations with a real attorney that is experienced in the area you are questioning... and some other stuff too.... a contract review and help doing your will... bunch of good stuff - I was skiddish till I got the results. Check into it, it could be worth it.



Vic

 

[GNguy]

Thats why you say it is for unspecified damages, then you can go through superior court, good luck. HTH