Juvenile wrongfully accused of property damage

[Virginia123]

Virginia: My 14 year old son Is being wrongfully accused of property damage/shooting the plaintiffs vehicle with a BB gun. This is a civil claim for money/over $5000. The alleged damage occurred on the plaintiffs property/with the plaintive’s BB gun which was left loaded & unlocked/ No adults were in the home. There were 4 juveniles at the residence (spending the night with the plaintiffs son). The other 3 Children allegedly shot the BB gun outside/accidentally hit the plaintiffs vehicles. My son is the only one whom Everyone present said did NOT participate yet he is the only one that is listed in the civil suit because the plaintiff did not have access to the other three children’s info. I want to know if my son is eligible for a guardian ad litem to represent him as we do not have the funds to pay for a lawyer and I want to know how we can go about counter suing the plaintive for slander and negligence (Leaving a loaded weapon unattended with minors....To my knowledge (via google) a BB gun is not considered a weapon unless it is being used in a crime and the plaintiff is accusing my son of distruction of property which I would assume would then constitute the pneumatic gun being considered a weapon?) Also, My son is the only one listed on the claim/parents are not listed.
I have spoken to a lawyer via phone for a ‘free consult’ but he was really not interested in speaking to me unless I retained him...I spoke to one of the clerks to check on the time limit I have to countersue/counter claim the plaintiff and she said there is no time limit?

 

[adjusterjack]

Do you have homeowners or renters insurance?

If yes, notify your insurance company of the lawsuit and they will provide a defense attorney.

If not, check your local legal aid about getting free legal assistance.

 

[quincy]

You can sue/countersue on behalf of your son.

In small claims court, you must represent yourself (no attorney) but if a minor is sued, the parent can represent the child.

Here is a link to small claims courts in Virginia: https://selfhelp.vacourts.gov/node/11/small-claims

 

[Virginia123]

You can sue/countersue on behalf of your son.

In small claims court, you must represent yourself (no attorney) but if a minor is sued, the parent can represent the child.

Here is a link to small claims courts in Virginia: https://selfhelp.vacourts.gov/node/11/small-claims

This case is being heard in General District court (he’s claiming over $5000 in damages). Do the same rules apply?

 

[quincy]

This case is being heard in General District court (he’s claiming over $5000 in damages). Do the same rules apply?

Unfortunately, no. You will want an attorney for General District Court.

On the plus side, the General District Court is the proper court for your countersuit, if you want to sue the parents for negligence.

 

[Virginia123]

I have a couple follow-up questions. Is it true that I have to submit an answer/deny the claim made on the warrant in debt by the plaintiff within 20 days of the date the warrant was submitted or does that only apply to small claims? Will a guardian ad litem be assigned to my son at the hearing date listed since he is a juvenile?

 

[Zigner]

What did your insurance company have to say?

 

[Virginia123]

I just spoke to my insurance account manager & she says that the only way our insurance might provide a lawyer is if we file a claim. I’m concerned about our homeowners insurance cancelling us if we file a claim though?

 

[LdiJ]

I just spoke to my insurance account manager & she says that the only way our insurance might provide a lawyer is if we file a claim. I’m concerned about our homeowners insurance cancelling us if we file a claim though?

They are not going to cancel you for one claim. That is what insurance is for, to protect you in these kinds of circumstances.

 

[quincy]

I just spoke to my insurance account manager & she says that the only way our insurance might provide a lawyer is if we file a claim. I’m concerned about our homeowners insurance cancelling us if we file a claim though?

I suggest you file an insurance claim. That eliminates your concern about getting a lawyer for your son.

 

[not2cleverRed]

I just spoke to my insurance account manager & she says that the only way our insurance might provide a lawyer is if we file a claim. I’m concerned about our homeowners insurance cancelling us if we file a claim though?

Another thing you should consider: these people had 4 minors sleeping over at their house, and only the contact info for one?

What if anything happened to one of those 3 kids?! So not only are they leaving BB guns around unattended, if one of those 3 kids were injured, they'd have no way of contacting the next of kin? Do they have rocks in their head?

 

[Zigner]

We're getting a very skewed version of this story. I mean - the OP says that all of the kids tell the same story, but the OP doesn't know the other kids?

The OP's child participated in this activity, so he's equally liable. I'd bet that the folks with the damaged car simply decided to sue the easiest one. There's no requirement that they all be sued.

 

[LdiJ]

We're getting a very skewed version of this story. I mean - the OP says that all of the kids tell the same story, but the OP doesn't know the other kids?

The OP's child participated in this activity, so he's equally liable. I'd bet that the folks with the damaged car simply decided to sue the easiest one. There's no requirement that they all be sued.

Its not unheard of Zig for one child in a group to choose not to participate in the idiocy that the rest are doing. There are some children that do understand the concept of cause and effect...LOL.

 

[quincy]

Its not unheard of Zig for one child in a group to choose not to participate in the idiocy that the rest are doing. There are some children that do understand the concept of cause and effect...LOL.

That does not (necessarily) release the child from liability.

And the one non-participating child could always have called the police.

 

[xylene]

How do you do 5000 (and exactly 5000) bucks worth of damage to a car with a BB gun?

What kind of vehicle(s) is this, a what make and model and year.
EXACTLY what is the scope [te he] extent and exact nature of the damage?

Where are the estimates?

That's the avenue I'd take.

I'd be inclined to pell off like 800 in crisp hundreds and offer it with a lawyer drafted settlement offer.

ONE MORE THING:

Why were 4 juvenilles staying at this guys house? Please explain where was THE PLANTIFF's child - the obvious ringleader - or why they were there without a juvenille charge of the PLANTIFF (that's kinda creep and demands an explanation).