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      08-01-2011, 04:09 PM   #104
oulaw
Attorney - Will Sue 4 Food
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Drives: 2008 335i
Join Date: Oct 2010
Location: Addison, Texas

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Couple of things.

First, find new friends. I have known some REALLY stupid people and have been pissed at things and have seen friends pissed at things. I have NEVER damaged someone elses car.

Second, your better off reporting to the police telling them you want to press charges, buy an aftermarket trunk and letting it go. As a lawyer I can tell you conflict is usually a waste of time and money. I know it was late, but if someone fucks with your car, I don't car if its just a note on there, check your car out then and there. If you would have checked your car and found the damage, the police would have taken it seriously at the scene and questioned the three. One of them would have caved after the police seperated them and got x3 conflicting statements. Even without criminal prosecution, on the civil side it would have been much better that you went out and found the damage right then and there.

Now you can file a lawsuit in small claims. Pay the filing fee, service fee to get this guy served with the lawsuit and get a court date. You would take photos of the damage, the plate, and 3 estimates for repair. Your problem is going to be whether or not the judge believes you or this guy and the guy with him that will say they did the plate but not the other damage. The one thing you have going for you in justice of the peace court (if its like Texas) is that most rules of evidence dont apply to exclude evidnce, so most of the above gets in, including the texts from your friend about what he did with the others (even though normally statements by a non-party cannot bind the guy you sued, in jp court this would probobly be admissible). All you have to show is the legal standard of "what is more likely than not" to have happened.

The problem is you didnt even find the damage until the next day, arguably that prevents criminal prosecution because the DA would not waste their time when other reasonable doubts exist such as this other mystery car owner or someone at your own neighbor hood, but civil siide what is more likey than not to have happened (ie just tip the scales of justice in your favor and you win) is that they did this damage to your vehicle. I wouldnt wait for the court system, and even if you get a judgment in your favor, it comes down to how much money does this guy have as well If he dosnt have the cash to even pay a judgment if you get one or is willing to pay the judgement vs letting it go on his credit, again what is the point.

I say all this now after going through lawschool and having a career and a daughter. If I were 27 instead of 37, had a car this nice, and someone pulled this shit I know exactly how I would handle this.
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