About to get screwed (I Think)

[trimplus]

What is the name of your state? IN

Here's the scoop...

My son was staying with a friend last year (sleepover) and it seems they all were caught messing around in an old barn. There were about 5 or six kids involved and it turns out 4 of them were involved in damage at the property related to an old uninhabited farmhouse the previous year (not my son). The police talked to my son without us present but thats beside the point. He ended up with probation and restitution. Not sure of the amount. He's an honor roll student for cripes sake...I know it doesnt matter. Anyway, the guy recieved insurance money for damages and the insurance company is sueing all the parents. Apparently the attorney for the insurance company didnt have our correct names so we recieved no paperwork from the court or from the attorney until now (finally figured out correct names). This motion we recieved is a Motion For Continuance of a small claims trial scheduled for June 31 that we had never heard of. It states that we have made no attempt to communicate with them (He never had our correct names!!) and is requesting a continuance so he may file Motion For Default Judgement so we don't waste the courts time...Can this happen in America!!! They are seeking 504.00 so i dont want to retain an attorney and feel we have done enough already with restitution and probation. We are steamed. Can anyone add some insight to this?

 

[Ohiogal]

What is the name of your state? IN

Here's the scoop...

My son was staying with a friend last year (sleepover) and it seems they all were caught messing around in an old barn. There were about 5 or six kids involved and it turns out 4 of them were involved in damage at the property related to an old uninhabited farmhouse the previous year (not my son).

Okay so he was trespassing on property with kids who participated in vandalism of the same property.

The police talked to my son without us present but thats beside the point.

Yes it is so why did you bring it up?

He ended up with probation and restitution. Not sure of the amount.

With what was he charged? And how much damage was there? Did he plead guilty or was he found guilty?

He's an honor roll student for cripes sake...I know it doesnt matter.

Nope it doesn't matter.

Anyway, the guy recieved insurance money for damages and the insurance company is sueing all the parents.

Yep. Makes sense.

Apparently the attorney for the insurance company didnt have our correct names so we recieved no paperwork from the court or from the attorney until now (finally figured out correct names). This motion we recieved is a Motion For Continuance of a small claims trial scheduled for June 31 that we had never heard of. It states that we have made no attempt to communicate with them (He never had our correct names!!) and is requesting a continuance so he may file Motion For Default Judgement so we don't waste the courts time...Can this happen in America!!!

Yep it can because it is. So are you going to respond to the motion.

They are seeking 504.00 so i dont want to retain an attorney and feel we have done enough already with restitution and probation. We are steamed. Can anyone add some insight to this?

Your son was found guilty of a crime for which insurance had to pay for damages and now the insurance company wants the criminals responsible to reimburse them. Because said criminal is under the age of 18 that puts mom and dad on the hook. Which is why you are being sued. So what is your defense? That you don't feel that junior should have to pay for the damages paid? Not good enough. Time for the honor role student to get a job and start paying.

 

[trimplus]

Quote:
The police talked to my son without us present but thats beside the point.

Yes it is so why did you bring it up - In retrospect the situation could have been different from the outset had we fought it instead of letting the system freight train right over us. It was just a comment.

With what was he charged? And how much damage was there? Did he plead guilty or was he found guilty? - Not sure what he was charged with exactly...I think we plead guilty, again wrong thing to do but hindsight is 20/20. The barn incident they want 504.00 which is per child basically. The other parents settled at 5,000.00 each for the house incident in which our son was not involved.

Quote:
Apparently the attorney for the insurance company didnt have our correct names so we recieved no paperwork from the court or from the attorney until now (finally figured out correct names). This motion we recieved is a Motion For Continuance of a small claims trial scheduled for June 31 that we had never heard of. It states that we have made no attempt to communicate with them (He never had our correct names!!) and is requesting a continuance so he may file Motion For Default Judgement so we don't waste the courts time...Can this happen in America!!!

Yep it can because it is. So are you going to respond to the motion. - Of course we will respond. It seems impossible to me that they could recieve a judgement without us ever having the opportunity to go to court. No court date has been missed at this point and we will gladly make it to the July 31 date but he has filed for continuance so that he may have time to file for default. This is what I don't find reasonable...How does one get a default judgement without giving BOTH parties opportunity to respond? Therin lies the gist of my initial post....how to respond without representation that will surely exceed the 504 they are seeking.

Quote:
They are seeking 504.00 so i dont want to retain an attorney and feel we have done enough already with restitution and probation. We are steamed. Can anyone add some insight to this?

Your son was found guilty of a crime for which insurance had to pay for damages and now the insurance company wants the criminals responsible to reimburse them. Because said criminal is under the age of 18 that puts mom and dad on the hook. Which is why you are being sued. So what is your defense? That you don't feel that junior should have to pay for the damages paid? Not good enough. Time for the honor role student to get a job and start paying. - What I think is that junior is a very straight kid...has a good head on his shoulders, and was at the wrong place at the wrong time under the care and oversight of another parent. Junior paid his price for that at home and thru the judicial system and WORKED to pay his restitution as well as a written appology to the property owner. Im not sure what else good people can do, but I'm sure the insurance company's lawyer, the judge, and apparently folks here can think of something.

 

[dcatz]

Regardless of Junior's admirable traits, what the insurance company's attorney has already thought of is something that is going to cost you more than $504, either because you don't want to retain an attorney and lose or you don't want to handle it yourself and lose. Either one is pretty much pre-ordained, and feeling angry or righteous or both and more is your prerogative, but it's not going to change things.

What you can do is try to get out by offering the $504 now, before it gets worse. That's not a judgmental conclusion; it's a practical conclusion.