Can I sue everyone individually or as a group?

[JimmyJohnsSubs]

What is the name of your state? Utah

A group of people trespassed on my land, vandalized my property and stole a bunch of things including the most heinous crime, theft of money.

Police caught the people and immediately released them with a slap on the wrist.

I am considering either suing them in normal court using an attorney on contingency or suing them pro se in a small claims court.

Since the small claims court has a limited max amount you can sue for, I was thinking about suing all the people individually for the max amount. Therefore having the effect of raising the total amount while still keeping things in small claims court where it's more friendly for pro se filers.

Does anyone know if this is allowed? Do you have the option to sue all individually, or does it have to be as a group?

Thanks.

 

[Just Blue]

What is the name of your state? Utah

A group of people trespassed on my land, vandalized my property and stole a bunch of things including the most heinous crime, theft of money.

Police caught the people and immediately released them with a slap on the wrist.

I am considering either suing them in normal court using an attorney on contingency or suing them pro se in a small claims court.

Since the small claims court has a limited max amount you can sue for, I was thinking about suing all the people individually for the max amount. Therefore having the effect of raising the total amount while still keeping things in small claims court where it's more friendly for pro se filers.

Does anyone know if this is allowed? Do you have the option to sue all individually, or does it have to be as a group?

Thanks.

Was any restitution ordered as part of their sentence?

 

[zddoodah]

the most heinous crime, theft of money.

I would say that there are a great many, far more heinous crimes.

Police caught the people and immediately released them with a slap on the wrist.

The police make arrests. The police don't impose punishment. Were these people actually charged with one or more crimes? If so, what is the status of the criminal case(s) against them?

I was thinking about suing all the people individually for the max amount.

Why? Do you have a valid claim against each individual for at least $11,000? You don't just decide to sue for the max unless you have a legitimate theory of liability for that amount (or more). What are your actual damages? Please list each item of damage and your most reasonable assessment of each item's value.

Does anyone know if this is allowed? Do you have the option to sue all individually, or does it have to be as a group?

You can file X separate lawsuits against the various individuals. The problem you may have is that you might not be able to prove what each specific individual did. If you sue all of them in a single lawsuit (and especially in small claims court), you might be able to say, "they, as a group, did this, so they should all be held liable."

 

[quincy]

What is the name of your state? Utah

A group of people trespassed on my land, vandalized my property and stole a bunch of things including the most heinous crime, theft of money.

Police caught the people and immediately released them with a slap on the wrist.

I am considering either suing them in normal court using an attorney on contingency or suing them pro se in a small claims court.

Since the small claims court has a limited max amount you can sue for, I was thinking about suing all the people individually for the max amount. Therefore having the effect of raising the total amount while still keeping things in small claims court where it's more friendly for pro se filers.

Does anyone know if this is allowed? Do you have the option to sue all individually, or does it have to be as a group?

Thanks.

How many individuals do you plan to sue? What were the charges filed against these individuals? Were they all convicted? Were the items stolen recovered?

What are your total losses?

All claims arising from the same event must be filed in one lawsuit (with an exception for motor vehicle accidents that involve property damage and personal injury).

You cannot, in other words, increase your damage recovery by splitting your lawsuit into several different lawsuits, suing each defendant separately for the same thing (e.g., collecting the small claims limit of $15,000 multiple times, from each individual defendant).

If the total damages you are seeking to recover exceed the small claims limit, you will need to file your lawsuit against your defendants in a higher court.

With a small claims action, the $15,000 limit would include any attorney fees but not court costs or fees. As a note, Utah’s small claims limit increases to $20,000 on January 1, 2025.

 

[Zigner]

...you might be able to say, "they, as a group, did this, so they should all be held liable."

To expand on this just a bit. If you win against them all, then you can collect against any or all of them, up the amount of the judgment. So, for example, if 10 guys don't have two nickels to rub together, but the 11th guy has tons of money, you go after the guy with tons of money.
Or, if 9 have no money and two do, you go after the two that do.
Etc.

 

[Ohiogal]

Judicial economy. Sue them all together for the full amount. That is the way it is supposed to work.

 

[quincy]

Unless the individuals can be identified as committing separate specific crimes (e.g., one was responsible for spray paint vandalism, another for theft), separate actions make little sense. The damages that can be collected cannot be inflated artificially by filing the same suit several times seeking the same damages against several different defendants.

https://le.utah.gov/xcode/Title78A/Chapter8/C78A-8_1800010118000101.pdf

 

[JimmyJohnsSubs]

Was any restitution ordered as part of their sentence?

I think they took a deal with the DA to get out of jail free. I never saw any money from it. In fact, police have ignored my FOIA request on more information on the incident. Almost seems like they are trying to sweep it under the rug. Maybe one of the people was the kid of some VIP. Sometimes people do this kind of things for entertainment.

 

[JimmyJohnsSubs]

I would say that there are a great many, far more heinous crimes.




The police make arrests. The police don't impose punishment. Were these people actually charged with one or more crimes? If so, what is the status of the criminal case(s) against them?




Why? Do you have a valid claim against each individual for at least $11,000? You don't just decide to sue for the max unless you have a legitimate theory of liability for that amount (or more). What are your actual damages? Please list each item of damage and your most reasonable assessment of each item's value.




You can file X separate lawsuits against the various individuals. The problem you may have is that you might not be able to prove what each specific individual did. If you sue all of them in a single lawsuit (and especially in small claims court), you might be able to say, "they, as a group, did this, so they should all be held liable."

1. I would think that if the theft was of your money, you would not treat it as no big deal. However when its a random person of the internet, then its no big deal.

2. Did those Sandy Hook people have a valid claim worth 1.5 billion against Alex Jones for just making comments on national news stories. Insensitive to the families, perhaps, but not responsible for injuries or theft of money. Heck, defamation laws actually say you can sue and get money without proving damages for calling someone a slut or whore.

3. What right to copyright holders have to get awarded hundreds of million for over a kid who downloads a song off youtube?

4. There are ADA claims for people who look at google map and try to find hotels without those pool crane things and sue and win even know they never stayed or visited the hotel.

There are a lot of examples of being awarded tons of money for far far less. I had my place broken into and my safe ripped out of the wall, why do you think I am not entitled to anything? What about punitive damages? I was the victim of criminal acts committed by multiple people.

They hacked my security system and broke my locks. I am pretty sure that is against the law. Also, my property is now worth less money due to the crime committed on it.

 

[JimmyJohnsSubs]

How many individuals do you plan to sue? What were the charges filed against these individuals? Were they all convicted? Were the items stolen recovered?

What are your total losses?

All claims arising from the same event must be filed in one lawsuit (with an exception for motor vehicle accidents that involve property damage and personal injury).

You cannot, in other words, increase your damage recovery by splitting your lawsuit into several different lawsuits, suing each defendant separately for the same thing (e.g., collecting the small claims limit of $15,000 multiple times, from each individual defendant).

If the total damages you are seeking to recover exceed the small claims limit, you will need to file your lawsuit against your defendants in a higher court.

With a small claims action, the $15,000 limit would include any attorney fees but not court costs or fees. As a note, Utah’s small claims limit increases to $20,000 on January 1, 2025.

I have $20,000 at least in pain and suffering from the dramatic event, or at least my time and effort to clean up the mess. So I should file for $15,000 now and up it to $20,000 in 2025? These lawsuits normally take years to get resolved.

 

[cbg]

the most heinous crime, theft of money.

Of course. Far worse than rape, murder, kidnapping, treason, insurrection...

 

[quincy]

I have $20,000 at least in pain and suffering from the dramatic event, or at least my time and effort to clean up the mess. So I should file for $15,000 now and up it to $20,000 in 2025? These lawsuits normally take years to get resolved.

You cannot sue twice, once now under the $15,000 small claims limit and again in 2025 under the $20,000 small claims limit.

The time and effort you spent in cleaning up the mess left behind is not compensable. If you had to spend extra money for cleaning supplies or had to hire someone to clean up the mess for you, those expenses could/would be compensable (you should have invoices or receipts to support the expenditure). You did report the vandalism to your homeowners insurer to cover some of your losses, correct?

A claim for pain and suffering/emotional distress must be supported by evidence. Have you seen a mental health professional? Do you have bills for counseling and prescriptions? Do you have records of missed work?

Here is a link to Utah’s definition of emotional distress and the elements required for an action to be successful: https://legacy.utcourts.gov/utc/muji-comment/wp-content/uploads/sites/25/2017/01/Emotional-Distress-Jury-Instructions-CV-1501-1506-Final.pdf

If you have evidence to support $20,000 or more in damages, I recommend you speak to an attorney in your area to go over your legal options.

 

[stealth2]

Of course. Far worse than rape, murder, kidnapping, treason, insurrection...

When I was a kid, we had a dog poisoned. I consider that more heinous. Might just be me...

 

[quincy]

When I was a kid, we had a dog poisoned. I consider that more heinous. Might just be me...

Not just you. Inanimate objects are replaceable. Living things aren’t.

 

[zddoodah]

I would think that if the theft was of your money, you would not treat it as no big deal. However when its a random person of the internet, then its no big deal.

Did you actually read what I wrote? I never said or suggested that the theft of an unknown amount of money was "no big deal." What I did was take issue with your ridiculous assertion that the "theft of money" is "the most heinous crime."

Did those Sandy Hook people have a valid claim. . . .

I haven't the slightest idea. What does that situation have to do with your situation?

What right to copyright holders have to get awarded hundreds of million for over a kid who downloads a song off youtube?

Again, what does this have to do with your situation? https://www.law.cornell.edu/uscode/text/17

There are ADA claims. . . .

Again, what does this have to do with your situation?

I had my place broken into and my safe ripped out of the wall, why do you think I am not entitled to anything?

Please let me know where I said you weren't entitled to anything. Also, you didn't bother to mention that your place was broken into and your safe was ripped out of your wall. Why didn't you mention such relevant information in your original post?

What about punitive damages?

What about them?

Your original post asked about a procedural issue. I asked you several questions designed to allow for the best possible response. However, instead of answering those questions, you ignored the questions and asked crazy hypothetical questions about situations that apparently have nothing to do with you. If you're just here to waste people's time, then I'm done.