Would please like information on suing my neighbors for assault and battery for 10k

[geo24]

What is the name of your state (only U.S. law)? California

Hello all, I've never sued anyone in small claims court before but i need to get my old ex neighbors who were an absolute nightmare to live next to. We purchased our home there and they made it a bullet point to harrass and file a phony police report as a restraining order so they could make it look like i was the one causing all the disturbance. When we finally had enough and moved out, me and my buddy whom was helping me move, were attacked after he called my friend a "ngr" and proceeded to spit on him and then blows were thrown. They were arrested, the DA tried them in criminal court and found them guilty, i was awarded restitution for damages. So now i ask, can i use that as weight in my case and what else would help me out? my stiches were covered by the hospital can i ask for emotional damages/pain and suffering? i wanna go after these bullies for 10k (the max in california) any sage advice and suggestions would be greatly appreciated!

Thanks
geo

 

[RedemptionMan]

What is the name of your state (only U.S. law)? California

Hello all, I've never sued anyone in small claims court before but i need to get my old ex neighbors who were an absolute nightmare to live next to. We purchased our home there and they made it a bullet point to harrass and file a phony police report as a restraining order so they could make it look like i was the one causing all the disturbance. When we finally had enough and moved out, me and my buddy whom was helping me move, were attacked after he called my friend a "ngr" and proceeded to spit on him and then blows were thrown. They were arrested, the DA tried them in criminal court and found them guilty, i was awarded restitution for damages. So now i ask, can i use that as weight in my case and what else would help me out? my stiches were covered by the hospital can i ask for emotional damages/pain and suffering? i wanna go after these bullies for 10k (the max in california) any sage advice and suggestions would be greatly appreciated!

Thanks
geo

is 10 grand the max for small claims in CA? I though most were like 5 grand, You could have filed a civil suit along with their criminal case to run concurrently and as far as the rest it depends upon whether or not their restitution was for things you are seeking to claim? Like all things a lawyer would be best for you to consult as far as any civil claims that you have against them, and it is very difficult to get money from individuals such as this since generally your civil award is paid for my more jail time for said criminal.

Good luck.

 

[Zigner]

is 10 grand the max for small claims in CA? I though most were like 5 grand,

Yep - and it only takes a second to verify. This is why you are not taken seriously around here. Oftentimes, it seems like you don't even make an effort to check things out before posting.

You could have filed a civil suit along with their criminal case to run concurrently

The civil case has a much greater chance of success once the other party has been found guilty in a criminal court. Of course, if the guy plead no contest, then it doesn't matter.

and as far as the rest it depends upon whether or not their restitution was for things you are seeking to claim? Like all things a lawyer would be best for you to consult as far as any civil claims that you have against them, and it is very difficult to get money from individuals such as this since generally your civil award is paid for my more jail time for said criminal.

That is non-sensical

 

[I'ma Menehune]

What is the name of your state (only U.S. law)? California

Hello all, I've never sued anyone in small claims court before but i need to get my old ex neighbors who were an absolute nightmare to live next to. We purchased our home there and they made it a bullet point to harrass and file a phony police report as a restraining order so they could make it look like i was the one causing all the disturbance. When we finally had enough and moved out, me and my buddy whom was helping me move, were attacked after he called my friend a "ngr" and proceeded to spit on him and then blows were thrown. They were arrested, the DA tried them in criminal court and found them guilty, i was awarded restitution for damages. So now i ask, can i use that as weight in my case and what else would help me out? my stiches were covered by the hospital can i ask for emotional damages/pain and suffering? i wanna go after these bullies for 10k (the max in california) any sage advice and suggestions would be greatly appreciated!

Thanks
geo

If you sue for the medical bills, the insurance company that paid those bills will need to be paid back. Emotion damages / pain & suffering will not be considered in small claims.

My suggestion, move on and forget about this mess.

 

[RedemptionMan]

If you sue for the medical bills, the insurance company that paid those bills will need to be paid back. Emotion damages / pain & suffering will not be considered in small claims.

My suggestion, move on and forget about this mess.

This guy could sue this other guy till the lights went out and he would never see a dime, and Zigner if you had any type of legal experience whether it be on the good or bad end of the law then you would know this.

Like I said you can not get Zero from Zero.

 

[Zigner]

This guy could sue this other guy till the lights went out and he would never see a dime, and Zigner if you had any type of legal experience whether it be on the good or bad end of the law then you would know this.

Then why did you state that he should have done just that?

Like I said you can not get Zero from Zero.

You have no idea what financial state the other party is in.

 

[I'ma Menehune]

This guy could sue this other guy till the lights went out and he would never see a dime, and Zigner if you had any type of legal experience whether it be on the good or bad end of the law then you would know this.

Like I said you can not get Zero from Zero.

You are rude. You'd better leave well enough alone.

 

[RedemptionMan]

Then why did you state that he should have done just that?

I did not state he should do that, I said he could have done that with the criminal case. I think you need to read my posts more carefully since you do jump to a lot of conclusions in them.

You have no idea what financial state the other party is in.

Your right I don't, but it can not be too good if he is out assaulting people and acting a fool. Ever wonder why attorneys go after trucking companies instead of truck drivers? Say he gets a 10 grand judgement against this guy what does that do? Who is going to collect it? This reminds me of when I bought a car off ebay that was not as advertised, it was only 4000 dollars but the car had been hit in the rear end and it never showed up on a car fax. I could have sued that guy for the price of the car or for repairs but he is a one of those who has bad credit and bankruptcy but runs businesses all under his wife's name. Guess what would happen if I added another 4000 dollars to the 10s of thousands if not 100s of thousands of dollars of other claims to it? absolutely nothing. I would have to call down there and have the Sheriffs department lock him up until he paid and they would probably not do anything to him anyway. I cut my loses fixed the car my self for around a grand and sold it for 4250. So, I lost 750 bucks, which to me was better than trying to sue this guy for 4250 since all I would have then was a piece of paper with a judgement on it.

Again, I am just wondering but have you ever been a defendant or a plaintiff in any court proceeding, ever? just asking....

 

[LdiJ]

This guy could sue this other guy till the lights went out and he would never see a dime, and Zigner if you had any type of legal experience whether it be on the good or bad end of the law then you would know this.

Like I said you can not get Zero from Zero.

So you personally know the guy's financial condition and whether or not he is collectable on a judgment? Its possible that he is collectable and its possible that he is not, but you certainly don't have enough information to make the above statement at all.