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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4092
Experience:  9 years legal experience, primarily in criminal justice
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We had an accident labor day, weekend, and since then (it

Customer Question

We had an accident labor day, weekend, and since then
(it wasn't our fault) we have gotten the estimated money to fix the
truck. we took it to the steve knapped (9/19/08) in driveable condition.
With the understanding we could possible and probably get it returned
by 10/4/08. he was given eke (cash) for parts up front. since then he
has given us many dates to pick up the truck, and then he never shows or hides in his house, and he keeps telling us and the police that the truck is at his "buddies" shop which is in bedford, with a few minor adjustments to be done, he actually told the paralegal working on my case as far as the medical claim this.   he was never given permission to move the truck anyway. we investigated his so called buddies shop and the owner of that shop gladly let us look around and signed a statement the truck was never there, so we went to the police again, they talked to steve knapped via phone and he changes his story, the trucks is now next door to his buddies shop, we go and look the entries place over.. no truck, we then go to the sheriffs office and they get him via phone again to admit the truck is in his garage and we can get it tonight, we had an officer escort us to get it. we had to have it towed because it is taken apart and undrivealed at this point. there was many lies to the police and us , and even after getting the truck lies continue about the parts, he was suppose to
have parts when we picked the truck up, (this is all in a police
report also)then it was," ill bring them to you tomorrow" , then it
was the next day and so on, lie after lie, so now we are without parts
and /or our 2k, he stole our money, he admitted to the sheriffs that
we did give him the 2k. there are police reports and many
"text messages" stating all kinds of lies where do we go from here?
what kind of charges can we file? and it seems like there are many
charges that can be filed? what are our chances of recovering our
money.. my husband is layed off and we cant cough up more money to
get this truck fixed, so we are paying monthly payments on a truck
sitting in our drive undriveale . there has also been loss of wedges
due to investigating and meeting many delivery promise dates. mental
anguish , we have loss much sleep over this and the stress and
frustration has been very difficult on us on top of my husband being
laid off. This truck was used for work transportation, and hauling
horses for our hobby and scrapping metal to help feed the family
when out of work or when working theses days.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 6 years ago.

Hello.

 

You can try to get them criminally charged with theft and/or unauthorized use of the vehicle and malicious destruction of property. The officers should be able to either charge them themselves or direct you to the place where you need to go to file charges (whether to a court commissioner or the prosecutor's office).

 

Civilly, you can sue them in small claims court for a breach of contract. You can only recoup the amount that was taken from you and the value of the car, however. You might also be able to get lost wages, but it is doubtful that you will be able to recover any kind of money for mental anguish. Generally, filing a suit in small claims court really just involves going to the courthouse and filling out a form stating the nature of the case and the amount in dispute.

 

Good luck.

Customer: replied 6 years ago.
so we should try to speak with the prosecutor? i have a call out to the officer who got him to admit where the truck was. i will ask him if he would charge him with theft/unauthorize use and destruction... this has really been a mental drain on us, we were glad and happy to get the truck back in our drive even in peices, this isnt an old truck either it is an 06 GMC new truck! monthly payments being made... thank you so much!!
Expert:  Hammer O'Justice replied 6 years ago.

If a prosecutor has already been assigned to the case, then yes, you should talk to him/her. Otherwise, you should talk to the police, because the police are the ones who initally file the charges for the prosecutor to review. If the police can't help you, they should be able to direct you to the right place.

 

You can file the civil case yourself without aid from the police with the court. You might want to try going after them both civilly and criminally because it increases your chances of success.

Customer: replied 6 years ago.
no prosecutor has been assigned , i have a call out to the pros. office obtained a report from the sheriffs today and was told it wasnt forwarded to the pros. office? so per you last comment i gather we need to go back down to the sheriffs office again...
Expert:  Hammer O'Justice replied 6 years ago.
Yes...basically you need to ask them to file charges, and if they refuse to file charges, find out from them where you go next. It might mean that at that point you'd go to the prosecutor's office.
Customer: replied 6 years ago.
alright, so you really dont need to have the sheriffs to file charges, you can skip them and go to the pros. your self? but it is better to have them file?if we get a judgment for payment, how do they get him (someone dishonest like him) to pay? leins? property of his? i think i know which directions to take..
Expert:  Hammer O'Justice replied 6 years ago.

Both the police and the prosecutors have the authority to file charges, but it is generally easier for the police to do it, as it is their job to investigate crimes. In a criminal case, the prosecutor can make payment of restitution a condition of probation.

 

In a civil case, if you are given a judgment, there are documents you can file with the small claims court if payment on the judgment is not made. You can check the clerk's office for information on how to enforce a judgment if a. a judgment is given and b. payment is not made.

Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4092
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 5 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
ok, thank you very much for your advice...
Expert:  Hammer O'Justice replied 6 years ago.
No problem, good luck to you.

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Hammer O'Justice
Hammer O'Justice
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9 years legal experience, primarily in criminal justice