Jump to content

A friend of mine had his car stolen...


MiamiLooker
This topic is 5950 days old and is no longer open for new replies.  Replies are automatically disabled after two years of inactivity.  Please create a new topic instead of posting here.  

Recommended Posts

Posted

The thieves were caught, but unfortunately, his car was damaged beyond repair. He did not have physical damage coverage on his car. Would it be illegal if he were to ask the thieves' families for cash in order for him to drop the charges? Would the amount matter (if he asked for more than the value of the car)? The police told him if he chose not to prosecute or failed to testify, that the thieves could still be prosecuted by the DA, but maybe on a lesser charge.

  • Replies 36
  • Created
  • Last Reply
Posted

Yes its a illegal. It's called by different names in different states but the underlying crime is extortion. Happens all the time and is rarely prosecuted but yes it's a crime.

 

As an alternative he could ask the ADA in charge of the case to condition a suspended/reduced sentence or plea to lesser charge on payment of the value of his car. In some states he has a right as victim of a crime to inform the judge of his views on appropriate sentencing. If he goes the ADA route he needs to be polite but persistant as crime victims are often regarded as a nuisance by the criminal justice system.

Posted

Why ask them for paying the damage to the car? The thief owes you the money anyways. If he doesn't pay you, file a civil suit.

Guest zipperzone
Posted
Why ask them for paying the damage to the car? The thief owes you the money anyways. If he doesn't pay you, file a civil suit.

 

It might be similar to trying to get blood out of a stone.

Posted
Why ask them for paying the damage to the car? The thief owes you the money anyways. If he doesn't pay you, file a civil suit.

 

I read MiamiLooker's post the same as Zipperzone. The idea is to hold the kids for ransom until their families coff up the cash. Not nice but understandable under the circumstances.

Posted

To me if I had a car that had no insurance, I would value it at just that, nothing. If anything happened to it, I would just eat the cost. After all, I wasn't paying any insurance on it. If I valued it, I would have it covered. Some people want it both ways.

Posted
To me if I had a car that had no insurance, I would value it at just that, nothing. If anything happened to it, I would just eat the cost. After all, I wasn't paying any insurance on it. If I valued it, I would have it covered. Some people want it both ways.

 

I've been on this board since just about the beginning, and that has to be one of the most ignorant posts I've ever seen.

 

BULLETIN: There are a few people in this world that aren't as fotunate as you. My friend chose to spend his money on such luxuries as food, rent, hospital bills, and child support. At the end of the month there wasn't much, if anything, left after that.

Posted
Why ask them for paying the damage to the car? The thief owes you the money anyways. If he doesn't pay you, file a civil suit.

 

There were three thieves and my friend is planning on filing a civil suit against all three, however, it is highly unlikely that even with a favorable judgment he will see any money from any of them.

Posted
I read MiamiLooker's post the same as Zipperzone. The idea is to hold the kids for ransom until their families coff up the cash. Not nice but understandable under the circumstances.

 

What wasn't "nice" was the theft and destruction of my friend's car by three adult thieves, not kids. My friend wasn't looking for a windfall in suggesting contacting the families. He would have been happy with just enough for a downpayment on another car. He's required to have a vehicle for his job, so he doesn't even have the option of taking public transportation for a while. He has to purchase another vehicle within the next two weeks and has no money to do so. Keep in mind he is the victim of this crime.

Posted
What wasn't "nice" was the theft and destruction of my friend's car by three adult thieves, not kids. My friend wasn't looking for a windfall in suggesting contacting the families. He would have been happy with just enough for a downpayment on another car. He's required to have a vehicle for his job, so he doesn't even have the option of taking public transportation for a while. He has to purchase another vehicle within the next two weeks and has no money to do so. Keep in mind he is the victim of this crime.

 

My sympathies are entirely with your friend. For folks struggling along on a marginal income, even a moderate finantial setback like the loss of a car can be devasting in its consequences. This would not be the first time I've seen a guy's life turned upside down by the loss of a couple of thousand dollars.

 

It doesn't excuse my casual use of phrases "not nice" & "hold for ransom" but you are overlooking that the parents of these 3 thugs didn't steal your friend's car, yet it is from them your friend seeks payment. It's at least likely that this is not the first time those people have been brought to grief by the actions of these punks.

 

Again I can only suggest that your friend find out the book retail value of his car and explain his situation to the ADA assigned the case. With luck he may find a recent law school grad who is not yet totally hardened by the criminal justice system who will handle this case with a bit of common sense. Where I live the defendants would have to arrange payment for your friend's car to get anything but a very stiff sentence, but in a big metro area like Maimi/Dade, who knows?

Posted

I can hardly be accused of making an ignorant comment when the original post did not contain any hint that the person who lost his car was living in such straightened circumstances. Knowing that information NOW, of course I sympathasize with him in his plight. I agree with those that say litigation is unlikely to yield any satisfaction, except for any lawyers involved who win whatever the outcome for the litigants.

Posted
I can hardly be accused of making an ignorant comment when the original post did not contain any hint that the person who lost his car was living in such straightened circumstances. Knowing that information NOW, of course I sympathasize with him in his plight. I agree with those that say litigation is unlikely to yield any satisfaction, except for any lawyers involved who win whatever the outcome for the litigants.

 

I would not use a lawyer to file the suit. If the defendants do not pay, the judgment will stay on their credit file, and they won't be able to get any reasonable kind of a car loan, etc. I personally would be satisfied with screwing up the defendants' credit record. I would say that one should insure what one can't afford to lose, and shouldn't own what one can't afford to insure...

Guest TexHunk69
Posted

Don't forget garnishment

 

I'm really sorry to hear about your friend's misfortune. In Arizona, victim's rights advocates have made it so that thieves have to pay restitution that comes through the courts, or they can go to jail. If he gets a small claims judgment against the three, he should be able to garnish any wages they earn, or perhaps the Constable can deliver a Writ of Execution (where the defendants have to either pay the judgment or surrender personal property worth the judgment amount). Sorry if I'm off-base -- I'm not a lawyer, but I do watch Law & Order and Matlock reruns. Also, I know that a lot of churches have programs that provide money for housing, and maybe they could instead provide money toward a replacement vehicle.

 

Good luck to your friend!

Guest zipperzone
Posted
I would not use a lawyer to file the suit. If the defendants do not pay, the judgment will stay on their credit file, and they won't be able to get any reasonable kind of a car loan, etc. I personally would be satisfied with screwing up the defendants' credit record. I would say that one should insure what one can't afford to lose, and shouldn't own what one can't afford to insure...

 

What makes you think their credit score isn't fucked already?

Posted
I would not use a lawyer to file the suit. If the defendants do not pay, the judgment will stay on their credit file, and they won't be able to get any reasonable kind of a car loan, etc. I personally would be satisfied with screwing up the defendants' credit record.

 

The police department and the mayor's office are working in conjunction to reduce automobile theft. Just yesterday, I saw one of their billboards that read:

 

STOP!!! THIEF!!! BEFORE YOU STEAL THAT CAR, THINK OF YOUR CREDIT RATING!!!

 

The effectiveness of the ad campaign is questionable, however, many of the banks have raised their refi rates on stolen vehicles; certainly, a step in the right direction.

 

 

I would say that one should insure what one can't afford to lose, and shouldn't own what one can't afford to insure...

 

Several of the local neighborhood public health clinics have been advising those with no health insurance to just slit their wrists. They don't even have to worry about paying the $25 office visit fee. As a matter of fact, they don't have to worry about much of anything.

Guest manrent1
Posted

Maybe he should advertise on Rentboy and earn the money for a new car!:D

Posted

Unicorn vs. MiamiLooker

 

Dateline Dade County:

 

Miami takes the match with a 3rd round TKO. Sadly Uni later bled out on ER floor while his seconds desperately searched for stolen proof of insurance. Heirs announced that legal proceedings would be instituted immediately to ensure the destruction of the thief's credit record. Family requests flowers in place of charitable donations.

Posted

Several of the local neighborhood public health clinics have been advising those with no health insurance to just slit their wrists. They don't even have to worry about paying the $25 office visit fee. As a matter of fact, they don't have to worry about much of anything.

Slitting your wrists is a dumb way to try to commit suicide. The victim is much more likely to cut his tendons and merely render himself an invalid than he is to successfully commit suicide. It's also a dumb way to try to get attention. So is swallowing a bunch of Tylenol (the perpetrator is very likely to maime himself this way as well).

Posted

Unicorn- what then would be the better ways to commit suicide? If I keep reading some of the posters on this site, i may need to know!

Guest zipperzone
Posted
Unicorn- what then would be the better ways to commit suicide? If I keep reading some of the posters on this site, i may need to know!

 

A friend of mine gave me this "recipe" which I think he got from an association in Europe called Final Exit.

 

RECIPE FOR EUTHANASIA

 

Nine grams of phenobarbital mixed with orange juice.

What happens in 10 minutes: Patient falls asleep and goes into a coma.

Amount of time before death occurs: One hour.

 

Problems that may prevent death: Difficulty swallowing medication, vomiting medication.

Technique for making medication more effective: Take on an empty stomach.

 

Backup method kept at the ready in case the usual recipe does not cause death: Lethal injection of curare.

Posted

Why don't we just stipulate that wrist slitting is a cultural convention rather like the one punch knock out is a movie convention. Both can have unfortunate results when acted out in real life.

Posted
Unicorn- what then would be the better ways to commit suicide? If I keep reading some of the posters on this site, i may need to know!

Hmmm... I wouldn't want to suggest a pharmacological method, but a .44 Magnum to the brain is about as foolproof a method I know...

Posted

I would agree that a .44 Magnum would almost be fool proof but nothing seems to be 100% for sure. There have been plenty of folks who either shot themselves or were shot who survived. Some with permanent disabilities and some with almost no effect. Very similar to rolling dice or playing cards; you can use the percentages for you or against you but they are never completely one way or another.

 

Waiting until your time comes seems to be the only really fool proof method and no one knows when that might be.

 

Best regards,

KMEM

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...