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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I need some help regarding a situation.Can anyone help me

Customer Question

Hi, I need some help regarding a situation.Can anyone help me with some advice?
Submitted: 5 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 months ago.

Thank you for your post. Please permit me to assist you if I can.

While I can happily provide you with information depending on your needs, as I am not your attorney I cannot directly advise you. For that you may need local counsel. But as far as general information, I can try to help--what specifically is your situation and what is your question, please?

Customer: replied 5 months ago.
Well I am an International student in South Dakota.I had my car keyed 3 days in a row.i have reported everything to the University police.I have been assaulted physically in Walmart in April by my ex girlfriemd for atleast 20 mins.i had not reported that.but after my car got keyed 3 times a row i believe it is her doing it given that i onserved her car parked in the same lot as mine where i work.and i have been working here for 3 years and never this happened.i informed police of everything ehat i believe and i feel its her.police had called me for an interview today and have called her tomorrow.now since we broke up in December i have tried to reconcile the relationship with her a lot of times but never have I ever even cteated the slightest provication or threat.but i had messaged her inspite of she telling me not to.she has taken this to the police and the police now are indicating this is bad and can amount to harassment.i informed them that yes it was not right of me to communicate with her even though she refused to have any conversation but all i have said to her is if we can discuss in a amicable way about this.again on april 24 she did contact me herself a couple of times since december.now what i do not understand is even though i know my communicating her and she feeling bad about is valid but she never did any legal restraint or came forward with this.on top of that she physically beat me up in walmart publicly and now i see my car keyed 3 days in a row.and as soon as i informed police about my hunch she has started saying that she got harassed.police informed me that due to purely technical reasons they are unable to get any video footage of how my car got keyed and walmart has purged its videos.i gave police the date time of assault and every time these 3 days i updated the police on the scratches.i am absoluyely lost.
Expert:  Dimitry K., Esq. replied 5 months ago.

I am sorry to hear that you find yourself in this situation. After reviewing the information, I am going to guess that you want to figure out your options. To best help I need to know what do you ultimately wish to accomplish here, can you please advise?

Customer: replied 5 months ago.
I want 2 things.one to find out who keyed my car so that they can pay the expenses .i do not eant to contact insurance as they eill increase my premium.and second if it is her ad i believe i want her to give a writte n document saying she will not come in contact or confront me anywhere anyday.given the fact that I myself have contacted her a lot of times inspite of she saying dont contact im ready to write the same and ensure there is no further contact.but my car remains keyed.and no matter if we do not contact each other someone needs to repair my car.the estimate of repair has been about 3000 $.ypu can imagine how bad the scratchings were
Customer: replied 5 months ago.
one more question i have if walmart purges their videos like this routinely shouldnt there be any way we can obtain video proof?likr archive or something?
Expert:  Dimitry K., Esq. replied 5 months ago.

Hello,

Let me answer the last question first and work backward. Walmart does not owe you a duty to share their videos. Likewise Walmart does not owe you a duty to explain their practices or explain where their video is stored (or how). Since they have no duty to film, if they say they have no video, short of suing them and seeking discovery of their documentation, you cannot obtain such information. And that likewise brings me to the first question you asked--since Walmart does not have a duty to film, the burden is on you to try to investigate who keyed the vehicle--perhaps you can contact other businesses in the area to see who may have caught this on film. Again, short of suing Walmart for records you cannot obtain such information especially if it might not exist. Now, if you suspect it is her, you can simply file suit civilly for damages and file first for a restraining order, and hope that you can prove your position with circumstantial evidence. But if you really do not have any, you have a somewhat uphill climb. Not impossible but not likely to prevail without some evidence.

I am sorry!

Sincerely,

Dimitry, Esq.

Customer: replied 5 months ago.
Thank you very much for the help
Expert:  Dimitry K., Esq. replied 5 months ago.

You are most welcome, glad to help. Please let me know if I can help you in any other way. Otherwise, if satisfied, kindly do not forget to positively rate so that I can obtain credit for my work. Thank you and please take care!

Sincerely,

Dimitry, Esq.

Customer: replied 5 months ago.
Just one thing.i do not wish to sur walmart.i completely understand that they have no interest in my situation.what i want to know is as this video footage is important for my situation if police want still will not they be able to dig their archive files?
Expert:  Dimitry K., Esq. replied 5 months ago.

To get the footage the store my voluntarily comply if there is no court order in place. As such while the police may ask, unless they have a court order behind them the store does not have to help. The police do not have access to the archives of a private company without that company's permission.

Sincerely,

Dimitry, Esq.