I hired a landscaper who pillaged my property. Used a bobcat to knock down 10 beautiful cherry trees when he was supposed to remove the small spindly trees so the cherrys would have more room. He did mass damage to my property.I am holding some of his equipment hostage. (He scratched the vin# off it) He cannot remove it from my property without 2 grand or the police. But if i take this money will the matter be considered settled, by the courts?
211130
Yes, I think so.  He needs to put back the cherry trees and do what is was that you originally asked him to do...OR you need to get an estimate of repairs from another contractor and make the first one pay for it.\nTake pictures of what the property looks like now, for proof.  Get enough cash from him before you give back his stuff.  Maybe also report to the police that he has equipment with serial numbers altered.  Possibly they can find out if was stolen.   Be careful, he sounds like a bad guy.
65356
As a former Texas police officer, I can tell you that the guy that is doing it on purpose could be charged with Criminal Mischief if the owner of the property choses to press charges. If it's an accident, then the owner can take the driver(s) to civil court and sue for the damage to the lawn. No one has the right to hurt someone else's property and the one guy that is doing it on purpose needs a charge slapped on his butt and then he can sit in his jail cell and spin his wheels. He can also be sued for the damage. If the owner wants to press charges, tell them to get it on video if possible. Hide a camera somewhere and then they have their proof. =)
292490
Go to the Court where the case was heard ask to see the County Clerk To The Judge Assigned and request treble (triple) damages as a penalty.  Do it immediately as you have the right to your money and the court is bound to uphold ALL COURT Proceedings.  You do not need your lawyer to do this.
362927
NO. They can't expect to collect twice.  They have to prove damages.  If they have been paid there are no damages, or damages are $0.  Go to court and ask they prove their damages and you prove they were not damaged at all and aske for all your court costs.
148313
The easement is not enforceable because it is not part of the public record.  The only way it would be enforceable is if C can prove that D had "actual knowledge" of the easement.
396875
The person who ownes the property is responsible.  Keep following up and ask your insurance company if they can intervein.  The home ownership should be public record, so check with your county or city for the records.   You should send REGISTERED mail to the owner explaining the situation and get a few repair estimates to send along.  (make copies).  Take em to small claims court if no reply.  Make sure you have plenty of pictures.  You may also want to report the situation to the city administrator indicating it's a hazard to people as well as vehicles.  What if kids were playing around there and got cut!\nGood luck to you.
660928
If the letter was from a court, there is a judgment against you. They may be able to get a court order garnishing your wages or your bank account. They can not take any other property you own, unless they have a court order. Courts do not often order the seizure of non cash assets, If it was not from the court, it most likely was an attempt to scare you into paying.\n\nLook for small print at the bottom. If it says "this is an attempt to collect a debt............" then it is just a collection attempt. \n\nYou still owe the money, and should do everything you can to pay it back. Send the dealer something, even if it is not a full payment, every month. The best way to solve this problem is to pay what you owe.
429610
The slope belongs to whoever the ticketing officer says it belongs to.  I'm not trying to be funny, it's just the way it is.  If it got towed it must have been there quite a while or actually been blocking the driveway enough to cause someone to complain.\n\nYou can take pictures and fight, but without proof (you'd have had to take pictures BEFORE the car got towed) you might not have any chance.  If you do fight it in court, just showing up might enable you to negotiate to onl pay half of the fines, though.\n\nGood luck!
401696
All police forces have their own particular process to follow, but based on what we do in my Force  you should phone up and ask to speak with someone in their Professional Standards Department.\nThey should be able to send you the relevant form which is then dealt with by the Police Authority's civil claims department.\nAs to what you should get - well, that's a tricky one.\nNormally only the value of what has been lost / damaged etc, but they may make an ex-gratia payment to cover reasonable inconvenience, particularly if you can demonstrate that they were responsible for losing the kit in the first place.\n\nNote that I say may - they also may not!\n\nIf you are not satisfied with their offer then the best way ahead is to threaten small claims court. Usually they would prefer to settle out of court and save the additional expense. So keep it reasonable and you should get value of your property + a bit on top.\n\nGood luck, and I'm sorry that your property was lost in the first place. We handle so much of it that it is inevitable that we lose some from time to time - but that doesn't help if you are the unlucky person!
78238
I don't understand what you said about the damage. You say that it almost caused a fatal accident, but did cause slight windshield damage. That doesn't sound like a truthful statement. \n\nMost plow operations have rules that exempt them from certain rules of the road and some liability. That would be something a lawyer would have to decide, which could get expensive.\n\nIf all you have in damage is $500, it probably wouldn't be worth it to hire a lawyer and sue. You would wind up spending more money on him that the damage. This is not a cost effective thing to fight, right or wrong. Let you insurance take care of it.
276461
Not nearly enough facts. If your vehicle was executed against to satisfy a personal judgment against the other party, you could have filed to intervene in your friend's action and quash the execution on grounds that your property interests were being damaged. You could also have offerred to pay the reasonable value for your friend's interest in the vehicle in return for his/her relinquishing title. Then your payment could have been used to satisfy his/her debt to the creditor, and you would have clear sole title to the vehicle. \n\nGenerally, a creditor who executes against a vehicle held in joint title must post a bond in case the execution turns out to damage someone else's interests. So, you should still be able to sue the creditor and recover either directly or against the bond.\n\nYou'll need an attorney for this one. It's way too complicated for a layperson.
52347
Hi Mitzi-\nI'm very familiar with PA law.  The theft is going to be based upon the amount involved.  I can almost guarantee that there will have to be restitution.  Sentencing depends on the person's past criminal history (if any), the facts of the case...if it was particularly heinous and the victims involved, etc. and the amount of cash or items taken.
87564
Well if you "gave" it to him he now belongs to him, because it is considered gift. If you directed told him as soon as you break-up it yours, it should be yours. I think it belongs to you since you bought it in your name. If you two aren't able to agree, you should take it to court. Hope you get your rifle back!
67141
No! The case has been SETTLED. What you can do is try to sue your lawyer for negligence or something to that effect. :)\n\nGood Luck
475093
It depends upon the county, the prosecutor and a number of factors, such as your record, if any.\n\nYou should consult with a local attorney who can offer you more precise advice.
669811
A court will have to decide the issue if the parties refuse to settle the issue between themselves.\n\nGenerally, in order to prevail, a complainant has to prove the respondent was negligent.\n\nIt would seem to me that the parties should discuss the issue with each other, and if they cannot agree, engage a disinterested third party and present their cases to hiim/her. He/she will probably provide the same answer as a court.\n\nIt will save everyone a lot of time, money & aggravation.\n\nAnd, either relocate the offending tree or cut it down to avoid future disputes.\n\nHowever, if insurance companies are involved and are pursuing the matter, it is irrelevant what the parties do.\n\nGood luck.
450539
Yes, they can take your car, your house, and any thing else associated with the crime. It is part of RICO Anti-racketeering law.\n\nOh, and you still have financial responsibily for the confiscated items.