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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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It's a story so I'll keep it short. Our neighbor (next door)

Customer Question

It’s a long story so I’ll keep it short. Our neighbor (next door) is a 55 year old man that has been living with his parents the entire time we have been living here in FL (14+ years). We had to get a stalking injunction (1 year) placed on the son back in June. Since then he has been arrested 2 times for the following:
No. Charge Description Class Court DISP Bond BP Fine Custody Days Charge Count Charge Type
1 VIOL OF STALKING INJUNCTION (DEFACING PROP M1 43P PENDING $25,000.00 B 13 1 PROBABLE CAUSE
Report # CT-Case # Date Agency OBTS Number Charge Code CRA Number
15554005 15-CM-013421-A 08/30/2015 HCSO (###) ###-#### MISC2115 HS15023745
Remark
PRTLVIOL NO BOND PER ADMIN ORD S2-14-023
BD $25,000 J/CONRAD 083115
________________________________________
No. Charge Description Class Court DISP Bond BP Fine Custody Days Charge Count Charge Type
2 CRIMINAL MISCHIEF $200 OR LESS M2 43P PENDING $10,000.00 B 13 1 PROBABLE CAUSE
Report # CT-Case # Date Agency OBTS Number Charge Code CRA Number
15554005 15-CM-013421-A 08/30/2015 HCSO (###) ###-#### CRMS1000 HS15023745
Remark
BD $10,000 J/CONRAD 083115
________________________________________
No. Charge Description Class Court DISP Bond BP Fine Custody Days Charge Count Charge Type
3 VIOL OF STALKING INJUNCTION (DEFACING PROP M1 43P PENDING $0.00 B *****ORDER
Report # CT-Case # Date Agency OBTS Number Charge Code CRA Number
15-CM-010757-A 08/31/2015 HCSO (###) ###-#### MISC2115
Remark
REVOKE HLD @ NO BD J/CONRAD 083115
UPD RECOMMIT 083115 CLG 131366
________________________________________
No. Charge Description Class Court DISP Bond BP Fine Custody Days Charge Count Charge Type
4 CRIMINAL MISCHIEF (MORE THAN $200, LESS TH M1 43P PENDING $0.00 B *****ORDER
Report # CT-Case # Date Agency OBTS Number Charge Code CRA Number
15-CM-010757-A 08/31/2015 HCSO (###) ###-#### CRMS2000
Remark
REVOKE HLD @ NO BD J/CONRAD 083115
UPD RECOMMIT 083115 CLG 131366
The 1st arrest is getting upgraded to a F3 based on total cost of damage he did on our property.
His parents are in the mid-80s and the son (the one that has been arrested) has been diagnosed with mental health issues (years ago, not recently).
As we are currently going through the criminal process I’ve been told that we can ONLY expect to get restitution for what was actually damaged. He broke 2 pool tiles and numerous pool folks said that there is no way to match/replace the 2 broken ones with ones that will match, the only way is to re tile the pool. This is just one item that we would sue in civil court for.
The son (the one that has been arrested) has never worked a day in his life and has no real property so I know there is nothing to garnish.
What I’ve been told by numerous individuals is that we can sue the parents for all the damage that is not paid for through criminal court. i.e. all the tiles around the pool, new door locks since years ago we gave them keys to the house, lost wages for all the time we’ve had to take off, surveillance cameras that we were told we had to put up once we got the injunction, etc..
My question is: Since he lives with his parents, has zero income and no real property can I take his parents and file a petition to sue them in Small Claims court?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of the damage to your property.

However, I do not see any basis to sue the parents for damage done by their adult child.

The fact that he is living at home with his parents is not sufficient to create liability.

If there were some additional facts (such as he was under a guardianship) there may be some potential claim that the guardian was inadequately supervising the conservatee (but even if this were the case, I wouldn't waste my time if I were you, you are likely to lose (the law on this point is extremely complex, and based on the fact pattern as you posted it we would be speculating as to this, the best we have here is that the neighbor is simply a petty criminal living at home without a job).

The very unfortunate fact is that many victims of crime (both property crime and bodily injury) are unable to ever be fully compensated as the criminals responsible do not have the financial wherewithal to do so.

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