Small claims court advice???

[bcarson]

This summer my new 2009 Camry was stolen by a neighborhood boy 13. Long story, he got picked up the key ring my dd left outside when she went into get something. He took the key off. Anyway, we recovered the car. But not before he knocked of the drivers side mirror and scratched all down one side. Gee he didn't know how to drive imagine that.

Well This was in late Sept. I had gotten one letter from the courts and filled out some restution papers and heard nothing more. I called yesterday to see what was up. Well he pled guilty, it never went to trial and he got 5 years probation. Would have been great if this kid hadn't done this exact thing previously and been in court for other offenses. Anyway for some reason, that haven't explained to me yet. Restution was never asked for. I am all kinds of mad about that of course.

So my question is now. Is it worth me going after his mother, taking her to small claims? I could send her a letter first and see how she responds. She lived directly behind me in some apartements. She came to our house the immediate morning after. She was actually the one that found out and turned him in. Of course she stated she would do her best but I haven't seen or heard from her since that day. I assumed the courts would handle restution. I just don't know if small claims is worth it. How much can that cost and would I get the court cost back?

We didn't contact our insurance because the scratches can be buffed and the mother has no insurance. We are talking around $450. She lives in government housing, works but has little money. If that matters. The only reason that matters to me is that I might not still get my money if I take her to small claims.

[erincon23]

Try one of the "judge" shows! They always say at the end that winning judgments are paid from a fund -- maybe you'd have better luck getting your money that way.

Erin

[bcarson]

I thought about that. But honestly I don't want to go on naitonal tv. lol! I am sure that Judge Judy would slap that mother silly. It just isn't my thing though.

[msmayor]

Civil court is where restitution is handled, and that action needs to be brought by you, the one seeking restitution.

Filing a small claims case usually costs $15-25 and if you are successful you are awarded those costs back in addition to whatever the judgement is.

There's a couple different ways this can go though. You said the boy 'stole' the keys that your son left outside. Whose house were they at, yours? Why did your son have the car keys outside? Who was responsible for supervising the boys? If they were at your house you could technically be at fault for not properly supervising, or allowing your son to have your car key where the other boy could get them.

If the mother wasn't around at all and had no idea what was happening (and it didn't happen at her house) its possible that the judgement ends up going against the boy and not the mother...at which point either the mother pays on her son's behalf or she lets it ride on HIS record...and the judgement stays open until the kid gets the money to pay it, which could be years.

Only you can decide if its worth the hassle to obtain a judgement that may take years to collect.

[Inigo]

You would probably (most likely) win the small claims case easily against the mother. Actually, you would sue both the mother and the child in the case. You can even be awarded the filing fee for the case.

The problem would be collecting after you win. The good news is that you would have a judgment, and it could be renewed, so it would stand for several decades, as long as you remember to renew it as your state dictates. Honestly, though, if the mother lives in government housing, she may never have the money to pay you, even if she has money for other things.

You could, once you have the judgment, file for Proceedings Supplemental, which is a debtor's exam, where you could question them about assets, but again, if they are in government housing, they may not have any assets or wages you could attach.

I wonder if she has renter's insurance...sometimes they cover damages in cases like this. Ask her about it.

As for the mirror, you might be able to go to a junkyard to see if they have a mirror from your same model car. Then try your local vo-tech school to see if they need a car to work on. Perhaps they can cheaply paint the mirror to match your car's color.

(And shame on the juvenile Probation officer who wrote the pre-dispositional report for failing to put in the restitution amount, and shame on the judge and prosecutor for not noticing!)

Yesterday, I had a juvenile delinquent (now 21) just finish paying the $2500 restitution that was ordered for a Dec 2005 offense. When I called the victim to verify the address so she could get the money, she was beyond thrilled.

[bcarson]

It's a lot to ponder.

I might have said my son. But I meant my dd. She took the keys outside to get her bike out of the garage. She knows the rules bring them right back. Unfortunately she obviously didn't. I think what happened though, this boy caught her outside before she came in and asked for the bike pump. He was just borrowing it and leaving. He was not invited to my house. Every kid in the neighborhood knows we have a pump. NOT ANYMORE! I guess she laid them down, ran in and got it. Then she took the keys back in. I was inside and didn't even see the boy around, it happened quickly. My dd thought that the other kids she was playing with would watch them. Well they came back inside when she went upstairs. So my point is, he wasn't invited over. My dh had helped this same young man for 3 hours on Labor Day work on his bike in our front yard. I guess you see where that got us.

For the record my dd is only 8. She didn't get in trouble. We just implemented new rules. Like taking the garage key off the regular set.

[RachaelA]

Originally Posted by Inigo

You would probably (most likely) win the small claims case easily against the mother. Actually, you would sue both the mother and the child in the case. You can even be awarded the filing fee for the case.

The problem would be collecting after you win. The good news is that you would have a judgment, and it could be renewed, so it would stand for several decades, as long as you remember to renew it as your state dictates. Honestly, though, if the mother lives in government housing, she may never have the money to pay you, even if she has money for other things.

You could, once you have the judgment, file for Proceedings Supplemental, which is a debtor's exam, where you could question them about assets, but again, if they are in government housing, they may not have any assets or wages you could attach.

I wonder if she has renter's insurance...sometimes they cover damages in cases like this. Ask her about it.

As for the mirror, you might be able to go to a junkyard to see if they have a mirror from your same model car. Then try your local vo-tech school to see if they need a car to work on. Perhaps they can cheaply paint the mirror to match your car's color.

(And shame on the juvenile Probation officer who wrote the pre-dispositional report for failing to put in the restitution amount, and shame on the judge and prosecutor for not noticing!)

Yesterday, I had a juvenile delinquent (now 21) just finish paying the $2500 restitution that was ordered for a Dec 2005 offense. When I called the victim to verify the address so she could get the money, she was beyond thrilled.

If you get a judgment in small claims court against the mother and know where she works you can also have the court garnish her wages. They'll usually take up to 25% of her pay (depending on the state) as long as she is working full time until the judgment amount, filing fees, and interest are paid off.

[RobinFabulous]

Okay I may get flamed fot this, but here it goes. You're out $450 correct? The mother lives in government housing, and probably makes minimum wage, probably lower income? She is aware of the situation, and had promised to help take care of it?

This is what I would try to do. Go speak to the mother. explain to her that the damage was $450 and try to come up with some solution that will actually teach the child the consequences. Maybe he can rake leaves in your yard. Or Walk the dog? Or do little stuff around your house that would help work off hie "debt" to you, maybe things you pay for anyway, have him cut the grass, or rake leaves, or maybe even something along those lines. Some thing that he can effectively "pay" you back without his mother having to lose the income. I don't know her situation, she could be a good woman whos had hard times, or she could just be an uncaring parent. If you go to small claims court you'll win, but you still might not collect your money. Try to figure out something between you and the mom that is harsh enough to help teach this kid a lesson. Don't need your yard raked or whatnot? Maybe he can do an elderly neighbors or even your local church. Anything to let him work off this debt and learn that he has to pay for the damage he did.

Of course this would only work if the mother truly wants to tach the kid right from wrong and if you're not desperate for the $450

[bcarson]

My dh and I thought about that. But I am not sure I would trust him around my house unless I could watch him like a hawk. I suppose mowing the yard, he would be outside. My dh did have my other neighbor who is layed off mow for him some last summer. That would be less exspense for us. That might work.

I do feel somewhat bad for the mom. But I think she has played a part in this boys demise at well. She pretty much stated she wanted him to go to jail. She didn't know what to do with him. To her turning him in, was like getting out of it. I bet she's not so happy now. Very sad.

[dfchelbay]

Originally Posted by bcarson

This summer my new 2009 Camry was stolen by a neighborhood boy 13. Long story, he got picked up the key ring my dd left outside when she went into get something. He took the key off. Anyway, we recovered the car. But not before he knocked of the drivers side mirror and scratched all down one side. Gee he didn't know how to drive imagine that.

Well This was in late Sept. I had gotten one letter from the courts and filled out some restution papers and heard nothing more. I called yesterday to see what was up. Well he pled guilty, it never went to trial and he got 5 years probation. Would have been great if this kid hadn't done this exact thing previously and been in court for other offenses. Anyway for some reason, that haven't explained to me yet. Restution was never asked for. I am all kinds of mad about that of course.

So my question is now. Is it worth me going after his mother, taking her to small claims? I could send her a letter first and see how she responds. She lived directly behind me in some apartements. She came to our house the immediate morning after. She was actually the one that found out and turned him in. Of course she stated she would do her best but I haven't seen or heard from her since that day. I assumed the courts would handle restution. I just don't know if small claims is worth it. How much can that cost and would I get the court cost back?

We didn't contact our insurance because the scratches can be buffed and the mother has no insurance. We are talking around $450. She lives in government housing, works but has little money. If that matters. The only reason that matters to me is that I might not still get my money if I take her to small claims.

If you take the mom to court and win a Judgment, it will mean little to nothing. If she willingly pays the judgment that's one thing, but you can't pay what you haven't got. You would have to legally enforce the Judgment with a garnishment of her wages, bank account, or file an execution on her home/personal property. One a side note, the mom is probably paying probation fees, counseling costs etc. for her kid, every week or monthly to the court, so she has even less money than you think.

So, the mom gets financially punished until her piece of crap kid gets a job, which won't be for the next three years due to his age.

Sorry you have to deal with this...your situation just stinks. I just can't stand the way some people choose to conduct themselves and their lives...sickening really. Good luck.

[RobinFabulous]

Originally Posted by bcarson

My dh and I thought about that. But I am not sure I would trust him around my house unless I could watch him like a hawk. I suppose mowing the yard, he would be outside. My dh did have my other neighbor who is layed off mow for him some last summer. That would be less exspense for us. That might work.

I do feel somewhat bad for the mom. But I think she has played a part in this boys demise at well. She pretty much stated she wanted him to go to jail. She didn't know what to do with him. To her turning him in, was like getting out of it. I bet she's not so happy now. Very sad.

It's sad and it might not work, especially if the mother is part of the problem

[RobinFabulous]

Another thought... Do you have uninsured motorist? I know on our policy we don't even have to pay the deductible if we claim on that. Then the insurance company could try to get the money back from the mother.

[Leajess99]

Originally Posted by RobinFabulous

Another thought... Do you have uninsured motorist? I know on our policy we don't even have to pay the deductible if we claim on that. Then the insurance company could try to get the money back from the mother.

Unfortunately not all policies are set up that way. The guy who hit us had no insurance (shoot he had no license, registration, was drunk, etc on top of the no insurance) and we had to pay a deductible.

OP, I'm sorry the courts failed to make the child pay up but I would get a couple of estimates before going any further if you have not already. Then you can let the mom know that if you have to take it to court you will go after the full fees but if she pays up than you will accept $450.

[GaSleepingBeautyFan]

We won a judgement against a women who sideswiped our parked car and left a note. She had no insurance and very little money.

Yes we won but never saw a cent from her. The court tried to garnish her wages but she quit the job and then moved so we had no way of getting the money.

I don't know that small claims court really works anymore.

[NYCDiane]

Originally Posted by bcarson

I thought about that. But honestly I don't want to go on naitonal tv. lol! I am sure that Judge Judy would slap that mother silly. It just isn't my thing though.

The problem is, getting a judgement against someone in SCC is one thing and actually collecting on that judgement is a whole different story. Sure, they're "ordered" to pay you. However, most of the time, you'll have to either get an order to garnish their wages, freeze a bank account, etc.

You'd be better off going on People's Court or Judge Judy. If you win (and I'm sure you will), you're guaranteed to get your $450. From what I understand, there's a fund of 5K --- the winner gets their judgement and the remainder is split between the 2 parties so you would end up getting more than your $450.