Property damage

[ndusa]

Well, merry Christmas! Get ready to drill more hole, and get an emergency call from my Bro. IN billings Montana. I threw this together, sent it and now it begins. (Yep, I'm one royal C*ck S***er!) Told him to serve dumb dad on this one lol:(spelling error's will be corrected, jsut put this together)

LEGAL AND CONSTUCTIVE NOTICE
FOR PROPERTY DAMAGE

FROM:Poor people
xxxxxxxxxx.
Billings Montana 59106


TO: dumb dad
xxxxxxxxxxxxxxxx.
Billings Montana, 59106

Good day Jack:

This notice is to inform you of our legal standing on damages, which occurred due to your 14 year old son, known to us as Camoron Kelsh. This damage occurred on December 24, 2006, at or around 12:20pm resulting from: a “4 wheeler” aka, “all terrain vehicle”, which your son had direct control over. Camoron “apparently” lost control over, ran through a fence, into our NEW home, putting a hole in the side of the house, as well as other damage from said “accident”.

Some time after this accident, you, yourself, came onto our property, and attempted a “quick fix” of plastic, covering the damaged area. We feel this act in itself speaks volumes of your LIABILITY.

Said value of damage due to negligence and incompetence on your part, is valued at______________. This estimate comes from a “3rd party”, with no connection to us, or any member of our family.

DAMAND FOR FULL PAYMENT IN THE EMOUNT OF_________ IS DUE AND PAYABLE WITH THIRTY (30) DAYS APON RECEIPT OF THIS NOTICE.

Our legal standing is provided by, but not limited to: THE GREAT STATE OF MONTANAS MAXIMS OF JURISPRUDENCE, AND MCA AS FOLLOWS:

1- 1-3-208. Own wrong -- no advantage. No one can take advantage of his own wrong.
2- 1-3-211. Acts of others. No one should suffer for the act of another.
3- 1-3-214. Wrong -- remedy. For every wrong there is a remedy.
4- 1-3-220. What ought to have been done. That which ought to have been done is to be regarded as done, in favor of him to whom and against him from whom performance is due.
5- 27-1-701. Liability for negligence as well as willful acts.
Your acceptance and signature of this legal notice, is your notice of thirty (30) days. If payment is not received at the end of this time frame, we will institute a lien against ALL of your property threw the Yellowstone Clerk and Recorder. If debt is not satisfied within the time we specify in said lien, we will begin immediate and severe legal action in the Yellowstone County District Court to begin liquidation of ANY AND ALL PROPERTY, whether from sheriff’s sale, auction, ect…, required to fulfill payments of damage.

We also ask that you provide ALL heating costs that are related to this accident. Clearly, a big hole in the side of the house is going to cost more than a well insulate wall. We will provide you with our last three (3) months heating cost, and demand you pay this difference. We also give you notice an demand of future costs related to this hole in the wall, whether it be from snow, rain, ice, extreme temperatures, theft, ect…
Last, we will not get into a confrontation over this. Any attorney you may hire, will only be answered by mail, and we will only accept correspondence by mail. ANY PHONE CALLS, NOTES LEFT ON PROPERTY, OR ANY OTHER MATTER OF CONTACT, WILL BE DEAMED AS HARRASMENT! Criminal charges may be brought.
Be reasonable in this matter. We have just acquired this new home for ourselves and our children, and have no financial means to cover this type of damage. Although we do have insurance, this is irrelevant to this situations, and is not our responsibility. Thank you for you time, and have a nice day.

Cordially,

[Judge Roy Bean]

"...we will not get into a confrontation over this."

Oh, really?

If I got that kind of threatening legal mumbo-jumbo demand from a neighbor after my son did something stupid, I'd tell the neighbor to pound sand and sue me if, even if I had the money. With the right attorney, he could drag this out for a year and your brother would never get a dime over his actual costs - his aggravation and time spent suing would be a total waste. The only real winners would be the attorneys.

A more productive (and better, long term common sense approadh in regard to having neighbors) would include:

Asking how the dumb kid is doing. (People are harder to fix than houses).
Asking the Dad if he has insurance (he might, but it may not cover what the kid was doing. It's still what a reasonable person would ask).
Checking his own insurance policy to see what kind of coverage he has.
Getting an estimate of the cost of repairs and get them started before any further damage occurs.
Writing a simple, cordial letter saying, hey, Jack, it's going to cost $x,xxx.xx to fix the wall and I'm also paying up the yazzoo to heat the place in the mean time so we need to get this done ASAP.

If he doesn't get the right response, then send another simple "I really don't wan't to take this to court, but you are responsible for the damages caused by your son," letter and give him a week, then file suit in small claims (up to $3,000 in MT).

Without the court order, he won't be able to file a lien on anything.

[Notorial dissent]

In the alternative, calling your brother's insurance company and letting their lawyers deal with it is a much more productive and less stressful undertaking.

[ndusa]

Originally Posted by Judge Roy Bean

"...we will not get into a confrontation over this."

Oh, really?

If I got that kind of threatening legal mumbo-jumbo demand from a neighbor after my son did something stupid, I'd tell the neighbor to pound sand and sue me if, even if I had the money. With the right attorney, he could drag this out for a year and your brother would never get a dime over his actual costs - his aggravation and time spent suing would be a total waste. The only real winners would be the attorneys.

A more productive (and better, long term common sense approadh in regard to having neighbors) would include:

Asking how the dumb kid is doing. (People are harder to fix than houses).
Asking the Dad if he has insurance (he might, but it may not cover what the kid was doing. It's still what a reasonable person would ask).
Checking his own insurance policy to see what kind of coverage he has.
Getting an estimate of the cost of repairs and get them started before any further damage occurs.
Writing a simple, cordial letter saying, hey, Jack, it's going to cost $x,xxx.xx to fix the wall and I'm also paying up the yazzoo to heat the place in the mean time so we need to get this done ASAP.

If he doesn't get the right response, then send another simple "I really don't wan't to take this to court, but you are responsible for the damages caused by your son," letter and give him a week, then file suit in small claims (up to $3,000 in MT).

Without the court order, he won't be able to file a lien on anything.

He does have insurance, on his own home. That won't help my bro. The kid is just fine.

Kid is 14, you have to be 16 to ride, so any coverage there is done. Bro. got the Montana Hiway patrol involved, told him to file criminal charges.

Told him we will sue the dealership over this too! (I'm footing the bill and doing the paper work, so let these montana shysters just try to bleed me dry, as long as there's oil, their screwed!)

Told him we will file lien,(you sure can in Montana) and we would sue in District court, will be well over $3000. (irriplaceble china lost as well) I believe small claims is limmited to $2700.

Lawyer, don't think so. Told him this was right up my ally. Explained I would pay the bill, so now I'm involved.

I wouldn't be such a hard ass, but the entire thing was illegal to begin with. What the hell this man doing putting a 14 year old on an ATV that he can't legally operate? What was he thinking? By maxims, its already won. I told my bro the harder he makes, the worse I"ll make it! I'll destroy his credit, lock his assets up, and leave him for dead. Guess dumb dad can sue me, I'll show you just how long I can drag it out. And, I'm well known for looking the other way, playing stupid when It comes to courts orders.

JRB, I hear what you are saying, and respect what your telling me. I just want to be more aggresive(it could certainly hit 20 below zero in the next day or two, or 6 feet of snow). Doesn't seem like this guy is real interested in trying to get this taken care of, more concerned of the damage to the atv.

One thing, this lien. How is it a bank, credit union, car dealership throws a lien on the day you borrow money on the vehicle?? Do they have some special standing over a home owner due to neglegence? You can file a lien, believe I had a guy do that(against public official, was wrong there!!)

If the guy came around this week, and did something, anything, I would tell my bro to work it out before you take the first shot. But, knowing people in Monatana don't have money, he's going to jack around. So, put yourself in thier shoes, have two kids, can't stay in the house with a huge hole in the wall, in billing montana you know the crank heads will steal everything that isn't attached.

[Notorial dissent]

Question: does your brother have insurance on his house??

If so call them immediately and let them deal with what they need to do. If they think they can get it out of the other guy, they will go after them and do all the hard work for you. If the bozo next door has insurance, there should be a rider for damage caused to neighbors, and because it was a minor, they are liable, and they should be able to get money out of them that way.

I agree, taking the bozo to court and raking him over the coals would be satisfying, but unless your court system is less clogged than ours, it could be a year or better before you ever see the inside of a courtroom, and in the meantime your brother has a nice air conditioned home, in the winter.

I think since speed is of the essence then the insurance company can do it quicker and cheaper than you can.

[ndusa]

Originally Posted by Notorial dissent

Question: does your brother have insurance on his house??

If so call them immediately and let them deal with what they need to do. If they think they can get it out of the other guy, they will go after them and do all the hard work for you. If the bozo next door has insurance, there should be a rider for damage caused to neighbors, and because it was a minor, they are liable, and they should be able to get money out of them that way.

I agree, taking the bozo to court and raking him over the coals would be satisfying, but unless your court system is less clogged than ours, it could be a year or better before you ever see the inside of a courtroom, and in the meantime your brother has a nice air conditioned home, in the winter.

I think since speed is of the essence then the insurance company can do it quicker and cheaper than you can.

Ya, they got insurance. After calming down, I called, left word to go the route your talking. Someone was supposed to come out today. I said just get it fixed, and I'll help if need be.

I layed in bed, worried that this notice my upset dumb dad, and poor 14 year old may get beat to death.(Never know, may be crank headed dad, best be carefull here.)

I explained that he could sue for the deductable if there is such a thing. If insurance would cover, then they will go after dumb dad, as your saying.

Problem here is sister in law, all up tight, got me pissed off and ready to go! Of course, my bro being the opposite of me, would rather go a smoother route.

THANK satan it was the hollidays lol, or it would be started already. I told them we could let this week go by, and see. INsurance in billings or whereever should be understanding, that this is an emergency situation. (I personally hate insurance, so don't carry it)But, cooler heads previal at times like these.

Thank you ND, AND JRB, your thoughts simmered me down, and now I can go back to picking on a member or two here, keeping me out of court another day!

[Judge Roy Bean]

Wisdom is education with major doses of experience.

Congratulations.

Might I suggest a strategy for all who confront such issues:

There is an important difference between responding and reacting. Considered responses tend to win while rapid reactions seem to lead to defeat.

[ndusa]

Originally Posted by Judge Roy Bean

Wisdom is education with major doses of experience.

Congratulations.

Might I suggest a strategy for all who confront such issues:

There is an important difference between responding and reacting. Considered responses tend to win while rapid reactions seem to lead to defeat.

Well put JRB, I do react, and some people should be very thank full this is the internet. I wouldn't hesitate to give somene a reason "to not see". (If you know what I mean)

I still think it would have worked lol, pretty sure of it. But, I don't live next door to the guy, hell, I would have walked over, dumped a truck load of fuel threw the window, and burnt him out. (Maybe thats why I have no nabors on my street!) And when he came out, 'BANG", tossed him back in.