Tell me this isn't BS

Forum for posts that are not hockey-related.

Moderators: Three Stars, dagny, pfim, netwolf

Re: Tell me this isn't BS

Postby mac5155 on Wed May 09, 2012 3:44 pm

Sabres_Fan wrote:
TheHammer24 wrote:Yeah the issue with suing is damages. You have to prove by a preponderance the value of each thing lost. I don't suppose he periodically inventories the house, lol? Plus it would be the depreciated value of each. Ie I bet the thecar was worth way under that 15k


Its a 1970 Mustang Mach 1 428 Super Cobra Jet.. His is all original (why it has taken so long to restore). The honest to God value is 40-50K. He tried to sell it but his wife wouldnt let him. Said he would of become depressed if he had to sell it.


Now that's a keeper :pop:
mac5155
NHL Third Liner
NHL Third Liner
 
Posts: 46,168
Joined: Wed Dec 20, 2006 9:06 pm
Location: governor of Fayettenam

Re: Tell me this isn't BS

Postby TheHammer24 on Wed May 09, 2012 4:05 pm

Sabres_Fan wrote:
TheHammer24 wrote:Sue him, duh. Your friend will win (because the issues were largely proved at trial) and he will be liable for damages - $5000 + interest. He won't be able to pay all that but you'll get some of it and make the guy's life suckier.


The 5K is what the judge valued all his possessions at... Its a joke.. He said the judge just basically guessed at what values of stuff were. Like for example the jewelery.. The judge rewarded 1100.. When in reality he said she had a pair of 1 year old diamond earrings that cost 1200.00.

I'm not saying your friend is lying, but to be fair, people tend to overvalue their own possessions. The 1 year old earrings he bought for $1,200 aren't worth $1,200 no matter how similar they are to the ones at the store. And w/r/t the car, well, those tend to be the most overvalued personal items that exist, especially to the one that has been restoring it.
TheHammer24
NHL Healthy Scratch
NHL Healthy Scratch
 
Posts: 13,855
Joined: Mon Nov 06, 2006 10:28 pm

Re: Tell me this isn't BS

Postby yubb on Wed May 09, 2012 4:22 pm

I agree. Old Mustangs at auction don't go for big bucks.

As for the criminal, maybe he was rehabilitated and is now a productive member of society, right?
yubb
ECHL'er
ECHL'er
 
Posts: 647
Joined: Sun Sep 06, 2009 10:28 am

Re: Tell me this isn't BS

Postby MRandall25 on Wed May 09, 2012 4:26 pm

yubb wrote:I agree. Old Mustangs at auction don't go for big bucks.

As for the criminal, maybe he was rehabilitated and is now a productive member of society, right?


http://1970mach1.homestead.com/priceguide.html

Minimum 14,000. I has the Cobra Jet.
MRandall25
NHL Fourth Liner
NHL Fourth Liner
 
Posts: 15,609
Joined: Tue Dec 06, 2011 6:11 pm
Location: BOBROVSKY!!!

Re: Tell me this isn't BS

Postby TheHammer24 on Wed May 09, 2012 4:42 pm

One important note is that restitution is designed to disgorge the burglar of his profits not make the victim whole for his loss. Thus, the operative question is what did the burglar get not what did the victim lose. The burglar almost certainly got less than the amount (indeed far less) than the victim claimed.

Compensator damages are what your friend seeks, and you can only get those through a civil suit.
TheHammer24
NHL Healthy Scratch
NHL Healthy Scratch
 
Posts: 13,855
Joined: Mon Nov 06, 2006 10:28 pm

Re: Tell me this isn't BS

Postby TheHammer24 on Wed May 09, 2012 4:42 pm

MRandall25 wrote:
yubb wrote:I agree. Old Mustangs at auction don't go for big bucks.

As for the criminal, maybe he was rehabilitated and is now a productive member of society, right?


http://1970mach1.homestead.com/priceguide.html

Minimum 14,000. I has the Cobra Jet.

Well that one probably ran and didn't blow up on someone the first time they drove it down the street. :slug:
TheHammer24
NHL Healthy Scratch
NHL Healthy Scratch
 
Posts: 13,855
Joined: Mon Nov 06, 2006 10:28 pm

Re: Tell me this isn't BS

Postby Sabres_Fan on Wed May 09, 2012 5:19 pm

Ok.. This kinda turned into a car discussion a bit.. The reason the engine blew up was because one of the seals or whatever went so most of the oil was out of the engine.. The idiot thief didnt know that and thats what seized the engine.. The car looks like it rolled off the showroom floor b4 the moron wrecked it... I get that the items werent new.. But when a wii costs 300 and you get 100 for it but have to go and buy another for 300 then you lose 200.. If I steal from you then u should get full replacement value.
Sabres_Fan
ECHL'er
ECHL'er
 
Posts: 1,706
Joined: Fri Feb 03, 2006 12:21 pm
Location: Pittsburgh, pa (via Buffalo in a little town known as Pominville)

Re: Tell me this isn't BS

Postby Sabres_Fan on Wed May 09, 2012 5:23 pm

TheHammer24 wrote:One important note is that restitution is designed to disgorge the burglar of his profits not make the victim whole for his loss. Thus, the operative question is what did the burglar get not what did the victim lose. The burglar almost certainly got less than the amount (indeed far less) than the victim claimed.

Compensator damages are what your friend seeks, and you can only get those through a civil suit.


Yeah.. Not a lawyer.. He doesnt like to talk about it much because it stresses him out.. All he said is he is working with a lawyer.. See I thought all he could get was the 5K and that was it..
Sabres_Fan
ECHL'er
ECHL'er
 
Posts: 1,706
Joined: Fri Feb 03, 2006 12:21 pm
Location: Pittsburgh, pa (via Buffalo in a little town known as Pominville)

Re: Tell me this isn't BS

Postby TheHammer24 on Wed May 09, 2012 5:48 pm

Sabres_Fan wrote:
TheHammer24 wrote:One important note is that restitution is designed to disgorge the burglar of his profits not make the victim whole for his loss. Thus, the operative question is what did the burglar get not what did the victim lose. The burglar almost certainly got less than the amount (indeed far less) than the victim claimed.

Compensator damages are what your friend seeks, and you can only get those through a civil suit.


Yeah.. Not a lawyer.. He doesnt like to talk about it much because it stresses him out.. All he said is he is working with a lawyer.. See I thought all he could get was the 5K and that was it..

Like I said, he can def get more than $5,000. That might be all the criminal trial judge could have awarded, but in a civil suit he can certainly sue the perpetrator to compensate him for the full value of his loss (which wouldn't be the like-new worth, I don't think).

The difficulty stems from (1) Proving the value of what he loss (it's not like he has receipts and the police didn't find the items when they arrested him); and (2) The thief doesn't have a lot of money--what we call "judgment proof."

I feel real bad for your friend, by the way.
TheHammer24
NHL Healthy Scratch
NHL Healthy Scratch
 
Posts: 13,855
Joined: Mon Nov 06, 2006 10:28 pm

Re: Tell me this isn't BS

Postby mac5155 on Wed May 09, 2012 6:00 pm

The thief probably makes 800 a week he has money
mac5155
NHL Third Liner
NHL Third Liner
 
Posts: 46,168
Joined: Wed Dec 20, 2006 9:06 pm
Location: governor of Fayettenam

Re: Tell me this isn't BS

Postby JeffDFD on Wed May 09, 2012 10:18 pm

FYI on renters insurance...it can practically be free. When I rented I had State Farm car insurance. Renters insurance was about $100. Adding renters insurance onto your already car insurance = multi insurance line discount of around $85. Thus GETTING renters insurance only cost me $15 overall. And then I bought a house so they refunded part of my renters premium so they actually paid me to get it (but then I got home insurance, obviously - so they get the money in the end.


Please keep us updated on this civil idea...I would like this crook to use his new job he didnt earn to pay your friend back.
JeffDFD
AHL All-Star
AHL All-Star
 
Posts: 5,529
Joined: Wed May 21, 2008 2:55 pm
Location: Inside the tumor in Crosby's neck.

Re: Tell me this isn't BS

Postby pens2005 on Wed May 09, 2012 10:27 pm

TheHammer24 wrote:Sue him, duh. Your friend will win (because the issues were largely proved at trial) and he will be liable for damages - $5000 + interest. He won't be able to pay all that but you'll get some of it and make the guy's life suckier.


Yeah sue him, lawyers don't charge much and $15 per hour is more than enough to pay for a good one. Haha
pens2005
AHL All-Star
AHL All-Star
 
Posts: 6,052
Joined: Mon Jun 16, 2008 12:54 pm

Re: Tell me this isn't BS

Postby Sabres_Fan on Mon Mar 25, 2013 5:36 pm

Just an update.. This is out Justice system.. The guy who robbed my friend and destroyed all of his property..... Has paid a total of 370.00 in restitution (Quit paying 6 months ago)... Left his job at US Steel to pursue a career in SSI and welfare.. I always thought a multiple felon wasnt eligible for any of that.. Guess I was wrong..

When my friend took him to court recently to enforce the court order the 26 year old felon had to disclose all of his govt perks... His monthly rent in a 1 bedroom apt, in the North Hills SD by Seville fire hall, is 15.00 a month (govt pays the rest). He does not have to pay ANY utilities as those are picked up by the govt too.. He gets 200.00 a month in food stamps (again he is single and lives alone).. Is on medicaid (which is the BEST insurance u can have by far.. $0 co pay on everything).. And his SSI payments are 710.00 a month (his ailment is depression and a recovering drug addict)..

So rent and utilities I would guess be around 700.00.. ssi 710.. food stamps 200.. insurance with 100% coverage and 0 copays for a single person veeeeery conservatively 150.. So wow almost 1800.00 in take home pay for a convicted felon.. We wonder why our system is broke
Sabres_Fan
ECHL'er
ECHL'er
 
Posts: 1,706
Joined: Fri Feb 03, 2006 12:21 pm
Location: Pittsburgh, pa (via Buffalo in a little town known as Pominville)

Re: Tell me this isn't BS

Postby Fire0nice228 on Mon Mar 25, 2013 6:21 pm

Makes me sick..
Fire0nice228
AHL'er
AHL'er
 
Posts: 3,587
Joined: Mon Oct 04, 2010 5:10 pm
Location: refs fault

Re: Tell me this isn't BS

Postby Sabres_Fan on Mon Mar 25, 2013 6:41 pm

Also the judge didnt give the felon a hard time about not paying because "He needs money to live off of".. For what? Every bills is taken care of and he gets an additional 710.00 a month... When my friends lawyer asked him to account for what he does that he cant afford the payments to my friend with that additional moneys........................ Guess....................... He bought a used 2009 Cadillac STS and has to pay the insurance, payment and gas money.. What a world!!
Sabres_Fan
ECHL'er
ECHL'er
 
Posts: 1,706
Joined: Fri Feb 03, 2006 12:21 pm
Location: Pittsburgh, pa (via Buffalo in a little town known as Pominville)

Re: Tell me this isn't BS

Postby Geezer on Mon Mar 25, 2013 7:53 pm

From what I've read and heard most restitution doesn't get paid. In Pa. it costs you money to try to collect and you have to refile and pay more fees each year. Pretty much a waste of time
Geezer
AHL Hall of Famer
AHL Hall of Famer
 
Posts: 8,180
Joined: Thu Oct 05, 2006 2:24 am

Re: Tell me this isn't BS

Postby Pitt87 on Mon Mar 25, 2013 9:19 pm

Hate to be that guy... but you can take this one of two ways; victimhood or pivot point. Victims will take this as an atrocity and think the system works against good people, or your friend can pivot their life around this point and find out how to get into a job training program and make his own situation better.

Either way, people shouldn't let anything like this define how the feel about themselves. Its always a bad outcome when one accepts frustration.
Pitt87
AHL'er
AHL'er
 
Posts: 4,953
Joined: Tue Apr 28, 2009 11:33 am
Location: Admin wrote:Rooting for the Flyers is not allowed here. Seriously.

Re: Tell me this isn't BS

Postby Azkar on Tue Mar 26, 2013 8:28 am

It's actually cheaper for me to get car insurance + renters insurance than it is for me to just get car insurance...
Azkar
AHL'er
AHL'er
 
Posts: 4,414
Joined: Wed Dec 26, 2007 4:54 pm
Location: PFISEA

Re: Tell me this isn't BS

Postby Idoit40fans on Tue Mar 26, 2013 8:31 am

Indeed it is. Almost always.
Idoit40fans
NHL Third Liner
NHL Third Liner
 
Posts: 50,358
Joined: Sat Dec 09, 2006 2:42 pm
Location: No Reading, No Research, Just Strong Opinions

Re: Tell me this isn't BS

Postby SoupOrSam on Tue Mar 26, 2013 9:01 am

Just an fyi... when i had Progressive, they bundled my auto and renters together and I got a pretty sweet discount on the auto by adding the renters. Pretty much the savings in auto payed the $14 month renters price. I think it's like $152 a year or like $17 a month because of an added fee for paying monthly.

Like others have said, no reason NOT to get renters insurance. It's dirt cheap and is a big peace of mind thing. Especially living in a townhouse side-by-side.

Sorry about your friend. Karma will bite that scumbag though. Always will.
SoupOrSam
AHL'er
AHL'er
 
Posts: 3,665
Joined: Fri Feb 23, 2007 12:46 pm
Location: Wanna fight? Why don't you stick your head up my butt and fight for air.

Re: Tell me this isn't BS

Postby JS© on Tue Mar 26, 2013 9:16 am

Pitt87 wrote:Hate to be that guy... but you can take this one of two ways; victimhood or pivot point. Victims will take this as an atrocity and think the system works against good people, or your friend can pivot their life around this point and find out how to get into a job training program and make his own situation better.

Either way, people shouldn't let anything like this define how the feel about themselves. Its always a bad outcome when one accepts frustration.


I understand what you're saying, that basically you can call it a lesson learned or not to live the life of a victim, but there's also a side of it that make it seems like the caddy-driving deadbeat junkie thief is the winner here and has zero accountability for his actions. Got a slap on his wrist for his crime, was handed a job that paid well, and now lives a life where he doesn't have to worry about a thing. OTOH, S-F's friend is out a car, a ton of items that were stolen by this guy, and has received what is equivalent of less than a penny on the dollar on those items for restitution.

I agree that it's a bad outcome when one accepts frustration, but at the same time this shows why there is something wrong with the system as a whole.
JS©
NHL Fourth Liner
NHL Fourth Liner
 
Posts: 19,240
Joined: Fri Feb 03, 2006 11:52 am
Location: training with lawnmowers and raging elephants.

Previous

Return to NHR

Who is online

Users browsing this forum: Rocco and 9 guests

e-mail