Who do I sue?

[[email protected]]

I live in Illinois. My car was 'keyed' by a juvenile.
A police report was filed and the person who did it was
found and admitted to the 'keying'. His parents said
they will pay for the damage, but have not. Several
phone calls have occured, and it appears that they will
not pay. My question is: Do I go to small claims court
and name the juvenile as the defendant, or do I name the
parent(s) as the defendant? Also, what is the chance I
will get payment?

Thanks!

 

[I AM ALWAYS LIABLE]

I live in Illinois. My car was 'keyed' by a juvenile.
A police report was filed and the person who did it was
found and admitted to the 'keying'. His parents said
they will pay for the damage, but have not. Several
phone calls have occured, and it appears that they will
not pay. My question is: Do I go to small claims court
and name the juvenile as the defendant, or do I name the
parent(s) as the defendant? Also, what is the chance I
will get payment?

Thanks!

My response:

You name the minor AND his parents. In addition to the minor's liability for property damage and punitive damages, the parents are also liable to pay the actual damage costs for your car as a result of the "malicious acts" of their minor child. The parents are not liable for any punitive damages - - just the cost of paying to have your car repaired. You'll have to get punitive damages, if awarded, from the minor. A judgment is good for up to 20 (Twenty)years.

Your chances of obtaining a judgment, with the evidence you have, are very good.

The better question would be, can you collect on that judgment?

IAAL