Underage son and friends stole my car...

[Vinh]

Georgia

Two friends, 15 and 13 and brothers to each other, of my 14-year-old son asked my son if the three of them could take my car out one night and drive it. This occurred at about 2:00am when I was sleeping, so I had no knowledge of this. My son, who found my spare key, agreed to drive my car (he later told me he had driven it before without my permission). As my son recalls, he let his 15-year-old friend drive the car for the ride home. They stopped so my son could do his 'business' on the side of the road. As they were parked, a police patrol came into view and my son's friend drove off (the 13-year-old also in the car). My son soon saw my car being turned around and initiating a police chase. During the chase, his friend crashed into a tree. My car was completely totaled, the 15-year-old received a broken leg, and the 13-year-old a broken arm. I believe the driver was ticketed for grand theft auto, out past curfew, driving without license, and reckless driving.

I sued for damage and won the case...

The judge asked for a Restitution Hearing at the Juvenile Court, which I missed because I received no notice. They held another hearing at the Magistrate Court in which I was suing the father of the two kids. Once I got to the court, the DA asked that I have my son at the hearing to testify. I called my brother to pick up my son, but they got to the court an hour late so the judge dismissed my case.

Can I still get restitution? My son told me I should've sued the two kids instead but some others say suing the father was the right thing.

 

[CourtClerk]

Georgia

Two friends, 15 and 13 and brothers to each other, of my 14-year-old son asked my son if the three of them could take my car out one night and drive it. This occurred at about 2:00am when I was sleeping, so I had no knowledge of this. My son, who found my spare key, agreed to drive my car (he later told me he had driven it before without my permission). As my son recalls, he let his 15-year-old friend drive the car for the ride home. They stopped so my son could do his 'business' on the side of the road. As they were parked, a police patrol came into view and my son's friend drove off (the 13-year-old also in the car). My son soon saw my car being turned around and initiating a police chase. During the chase, his friend crashed into a tree. My car was completely totaled, the 15-year-old received a broken leg, and the 13-year-old a broken arm. I believe the driver was ticketed for grand theft auto, out past curfew, driving without license, and reckless driving.

I sued for damage and won the case...

The judge asked for a Restitution Hearing at the Juvenile Court, which I missed because I received no notice. They held another hearing at the Magistrate Court in which I was suing the father of the two kids. Once I got to the court, the DA asked that I have my son at the hearing to testify. I called my brother to pick up my son, but they got to the court an hour late so the judge dismissed my case.

Can I still get restitution? My son told me I should've sued the two kids instead but some others say suing the father was the right thing.

Yes, quite honestly, you can get the restitution right from where it needs to come from. Get it FROM YOUR SON, he's the car thief. Just wondering, when you got the judgment, was it a partial judgment or one for the full damage of the vehicle? There HAS to be some liability assigned to your son, since he was the one that has started this... and has a pattern of stealing your car (more than twice might I add). What you should do is sue your juvenile delinquent of a son. It's funny he would suggest you stick it to his friends...

 

[Vinh]

All three, including my son, have been ruled delinquent. My son is not a bad kid, he has agreed to pay 1/3 restitution ($2,900.00).

My problem being is that the Judge in the the civil case told all 3 kids to pay 1/3 of the restitution because all 3 were convicted with liability of the incident, but the father of the 2 other kids denied any responsibility. He requested a Restitution Hearing. I was not given a notice for the hearing date at the court. This caused me to miss the Hearing at the Juvenile Court.

I filed a lawsuit at the Magristrate against the fatherof the kids. We had the hearing yesterday. He got the lawyer(he also hired this lawyer to appear with at Juvenile Court). The lawyer argued that there no restituion order from Juvenile Judge, father not responsible, no one to testify for my damage, he said that it was basically a harrassment from me. Judge ruled in the defendant favor; case dismissed.

I was very devasted the fact that I don't have money to hire an attorney, I couldn't present my case. Then next week I have go through anothercourt hearing, this time I (and the other party) was sued for property damage. Kids took my car, sped up & hit the tree, car explored. The other plantiff asked $2400 to fix his fence & trees.

How I am going to defense myself with this law suit, please help.