Just happened today:

My wife was at a Wal-Mart with our two kids (25 months and 2 months). This guy watched my wife put the kids in the car when she came out of the store - and was waiting for her spot. She went to back up but he was too close to allow her to get out of the space and straighten out. She ended up pulling back in because there was nowhere else she could drive with him there.

He pulled past and into a space two spots past her, got out and threw his coffee on the car and then scraped the car with his keys. The he went into the store (or towards it anyway).

My wife got his license plate number, and before the police got there he ran back to his car and took off.

The police are going to charge him with malicious destruction of property. I assume this is a misdemeanor.

What I need to know is:
1) What do I need to do to take him to small claims court for the damage?
2) Do I need an estimate for the damges first?
3) Is there any way that he can be charged for having terrorized my wife and kids (he knew they were in the car, and he knew that my wife was alone with two babies).

I vote CE sicks a few goats on this guy's car.

Take pictures of the damage. Write down EVERYTHING said, and done before you forget anything. It'll help later.

If that was in the South, he prolly wouldn't have had tags. I swear to God, 1/4th of the cars here HAVE NO LICENSE PLATES! I mean, I called 911 to report a reckless driver,(Almost ran me off the road, along with 4 other people.) They couldn't catch the woman, because she had no tags. I've also never had so much trouble with the police and getting ahold of them. Thank God, no one was dying! It took 2 minutes for the 911 operator to ANSWER, and another 5 or so of questions, and then I had to say it ALL again to the Highway Patrol Dispatcher, and then AGAIN to the Local Highway patrol station! Literally, I drove almost to Georgia before I got off the phone with them! So, so so sad.

I've called 911 three times. Once at Miami because a girl had alcohol poisoning, and I was afraid she'd die. Another time when a car hit another car on 1-71 and the car hit flipped. I NEVER had this much trouble in Ohio.

Call your insurance company. If you have coverage they will get you squared away, then they will go after the guy.

This is the kind of guy that needs to get his azz kicked! On second thought, don't do that because he may end up dying as happened at CMU! I guess we have to accept that life is full of buttheads! :chair:

That sucks. If you're serious about pursuing this, I'd definitely talk to a lawyer. You might be able to handle the small claims damage action yourself (or your insurance company would, as noted above). However, I wouldn't want to try an IIED (Intentional Infliction of Emotional Distress -- i.e. terrorizing your wife & kids) claim by yourself. And, yes, you'll definitely need to get a damage estimate before you proceed legally.

If I were you, I'd probably call my insurance company to see what is and is not covered. Then take a few days to cool off. If you still want to pursue legal action call an attorney. Best of luck.

let me give you the number of a couple of good friends: vinny and rocky

I think people who block the aisles in a parking lot to sit and wait for someone to pull out because they're too damn lazy to walk an extra 20 feet ought to shampoo my crotch.

Roberto Gato Wrote:I think people who block the aisles in a parking lot to sit and wait for someone to pull out because they're too damn lazy to walk an extra 20 feet ought to shampoo my crotch.

the same goes for those assclowns who decide that they're gonna be cute and BACK THE CAR INTO THE SPOT, doing a damn K-turn in the lot in the process.

That's the absolute worst.

The people who block waiting for the closer spot ought to walk that extra 20 feet....it'll do their bodies and blood sugars good.

EMUHuron Wrote:let me give you the number of a couple of good friends: vinny and rocky

1. You do not need a lawyer. In fact you can’t be represented by a lawyer in small claims court.
2. In Michigan the limit in small claims court is $3,000.
3. Just go down to the court and pickup a "Small Claims Affidavit and Claim" form. It’s a simple one page document.
4. Fill it out and file it. Your cost will be 25 cents for the form and 15 dollars to file it.
5. After you go to court and get your judgment against the ba$tard he gets about 20 days to pay you.
6. If he does not pay, go back to the court and fill out a Writ For Property Seizure.
7. An officer of the court will receive the Writ For Property Seizure from the court, and he will have (if I remember about 60 days to execute the Writ). What this means is he will show up at the ba$tards house with a trailer and start loading property out of his house and into a trailer. The stuff will be sold by the officer of the court, and you will receive your money.

Now there is also a Writ of Garnishment you could file, but the property seizure will hurt him the most because the court officer is able to seize three to four times what is owed. I guess it is because used stuff only brings 20 to 30 percent of its value at actions.

Give um hell. I did it to a crooked contractor.

Also you will have the option to have your writ mailed to him or served by a court officer. It will cost more to have it served, so you should choose to have it server. Don’t worry about cost. All costs (court costs, server costs, filing costs, and statutory interest will be added to what he owes you.

Never, never, never, ever let some ****** get away with crap like that.

Good luck, but you will not need it. It’s in the bag.

Thansk for your help so far - we have some other newer issues getting to the point where I can do what the law says I'm entitled to.