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Neighbor's Son Shoots Window With BB Gun

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payneintheglass

Guest
What is the name of your state? Charlotte, NC

Hi, this is my first post here. I searched to see if there was a similar post that could answer my questions, but I nearly went blind from searching and didn't find what I need to know.

Rather than reinvent the wheel and type out one very, very long post, I thought I would make a link to my demand letter that explains the entire situation. You can read it (with our names/addresses edited out) here:

http://thisisonlyatest.freeserverhost.com/mystory.htm
(sorry if the text is a bit small)

Here is where you can listen to our recorded phone conversation:

http://thisisonlyatest.freeserverhost.com/evidence.mp3
(mp3 file under 200kb, I bleeped out my last name on this copy)

I need to know "can I sue a minor, or do I sue the parent in the event of property damage". and "How strong do you think my case is?" and "Any other advice?"

Thank you very, very much.
 


racer72

Senior Member
Why not call the police and file a report. If a prosecutor decides the case warrants charges being filed, you can ask the prosecutor to seek compensation for your loss. If you want to sue, you would sue the parents.

Defendant:
Mr. John Doe and Mrs. Jane Doe
parents of Buffalo Bill Doe.
 
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NickBBB

Guest
You cannot bring a minor to court, him/her are in the parents legal custody. As stated above take you matter to the parents, if they are sensible at all they will pay and make him reimburse them.
 

JETX

Senior Member
NickBBB said:
You cannot bring a minor to court
Of course, that is NOT true.... it is done ALL the time.

The post doesn't say how old 'James' is, but you have the option of waiting until he is 18 or simply filing a lawsuit against his parents. Your claim is that they were negligent in not controlling the conduct of their son during him using a weapon.
 
Last edited:

HomeGuru

Senior Member
NickBBB said:
You cannot bring a minor to court, him/her are in the parents legal custody.

**A: minors go to court all the time as Defendants, in both criminal and civil court.
 
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NickBBB

Guest
Goodluck in getting any civil restitution out of him. The point I was trying to make was ***and I am far from a legal expert** Take it up with his/her parents.
 
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payneintheglass

Guest
Issue resolved

Thank you all for your replies. The kid's father called me a day or two ago, after he got the demand letter in the mail. He said he had begrudgingly decided to settle the matter by paying in full. He called me a "sick man" for recording our conversation (his promise to pay), but I said it was a good thing that I had or it would have my word against his (worthless) word. I recorded this conversation too, and I was considering posting it, because he "kind of" threatened me during it. (Threatened me, immediately took it back, and said "you're recording this again, aren't you?)

Anyway, issue resolved, thanks again.
 

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