Rfreeman
Well-known member
Take him to the mat on it...I would quit communicating with him and just say hey I gave you a chance, see you in court buddy and I will be going for attorneys fees, court cost, lost time, etc
Recourse
- Thread starter slash007
- Start date
mjwalsh
6 bay SS w/laundromat
That might be "wishful thinking" & possibly a bit overconfident???
I had a smilar situation when a cable crew ran over my water meter box and shut me down for two days while the city repaired the broken main. I had the cable guys dead to rights with video and license plates. Running over the meter, water gushing down the street and them driving off.
I sent them the bill for the repair plus two days lost income on the wash (and backed it up with average sales numbers). They got bitchy with me at first, until I told them that I'd be happy to pull cops and lawyers into the fray.
They were smart enough to understand how expensive that would be and wrote me a check.
I sent them the bill for the repair plus two days lost income on the wash (and backed it up with average sales numbers). They got bitchy with me at first, until I told them that I'd be happy to pull cops and lawyers into the fray.
They were smart enough to understand how expensive that would be and wrote me a check.
Rfreeman
Well-known member
In any lawsuit ask for the farm and settle for back 40
slash007
Well-known member
Problem with small claims is collecting. If it was a sure thing, that would be the way to go. You have to know where they work to garnish wages, or expect them to make any payments they promise. Easier to just get paid without the hassle.
mjwalsh
6 bay SS w/laundromat
If they have an existing garnishment that is at maximum level ... not sure on the specific state or fed law .... but I believe it is not that easy to horn in that. Also it seems like collection agencies in conjunction with a law firm ... usually handle garnishments???
Years ago we had a guy that decided he wanted to strengthen the bottom of our 500g chamber in our mud tank with extra concrete. It wasn't discovered until we pumped out the pit so not telling when it was done. There is about 2' of concrete on the bottom of that tank to this day. I'll give him this, atleast he didn't make a mess.
mjwalsh
6 bay SS w/laundromat
Wow! 2 feet of concrete that solidified added? That is some serious capacity (volume) %%% lost???! Situations like that make camera recording archiving that much more compelling!
slash007
Well-known member
I gave this guy a chance to pay and even at a reduced rate. He requested to see the pit cleaning invoice. I first told him sure, then texted back and said I'm done playing around, if you want to see it you have to pay the whole amount and not the discounted amount I stupidly offered. He stopped answering, so I emailed the prosecutor today to go ahead with the charges and will file a civil suit as well. Will take time that I don't have, but sometimes you just have to pursue things on principal.
Only thing we can figure is it may have been a load of left over mix that wasn't used and it was disposed at the carwash. Like I mentioned we didn't find out until pits were pumped out and at that time we didn't have any cameras. Now, most of our locations have cameras.
mjwalsh
6 bay SS w/laundromat
We have had cement crews many times at our facility. I noticed once someone from the city gov't who I thought went a bit overboard "enforcing a supposed law forbidding that" when it came the cement truck rinsing out his chute by the city street curb. I am referring to very few parts per million (PPM) of concrete compared to water! That is very much different than STXCW's incident.
I just wanted to make a point about how some gov't officials can sometimes ignore something by far worse in terms of protection & focus much more on a much lesser incident.
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washnshine
Well-known member
Rarely spending time together with his wife is probably the reason they made it to 10 years.
slash007
Well-known member
To update you guys, on Friday the Prosecutor called me and I setup and appointment for Monday. He encouraged me to reach out to the guy one last time and see what happens. I sent a text to the offender and told him that I have an appt. but was giving him a final chance. He gave me a sob story about being broke and having to take care of his wife and kids etc. He apologized and said all he could afford was $300. I decided to accept it and move on. He made the payment later that day and I now consider the case settled. I could have pressed for more, but my time in filing both criminal charges and small claims would have added up, so I consider it a win. Especially when I have so much other damage that I can't collect a penny for.
MEP001
Well-known member
Have you tried to save these to post? Taking screenshots varies between phones, and once you've scrolled through and done that it's just pictures in a file you can post.
slash007
Well-known member
I tried and figured out how to scroll, but so many of the texts are long and you have to click on an arrow to show the rest of that one message. Since there are several, it would take several screen shots.
slash007
Well-known member
Another quick story... Yesterday as I was leaving, I'm told that someone is filling my dumpster. I run over there and a guy has a large box truck backed up and is unloading boxes into my small 4 yard dumpster. I told him to take his crap out of there and put it back in the truck. He tried to say he didn't know it was wrong and that he's "shampooed his car here in the past". I told him no matter what you spend, you can't use my dumpster. I pointed at the camera and said better I catch you now then have the police knock on your door like has happened to so many other. (actually never caught anyone lol). As he pulled the boxes out of the dumpster, I sent someone to check the cameras and see what else he put in there. He took out the last box and tried to leave. I told him there are several trash bags in there that need to go as well. He looked me in the eyes and said "those are not mine". He then got in the truck. Right as he did, I got a call and was told that indeed, he put in all of the trash bags. I yelled at him to get them out, but he started driving off. I just took a bunch of pictures before he got away.
3 hours later he called and said he was coming back to get the trash bags out. I watched the cameras and he actually did lol. Guess he got scared knowing there was a camera and that regardless I had photos.
3 hours later he called and said he was coming back to get the trash bags out. I watched the cameras and he actually did lol. Guess he got scared knowing there was a camera and that regardless I had photos.
dumpster stories are never ending through the years! my biggest issue is that when you catch them they think that they are entitled to a debate over it. if they would just say, i get it i’m sorry and it won’t do it again, i would simply say no problem hope to see you again soon.
Twodose
Active member
Accepting the $300.00 and moving on is probably better for you in the long run, at least you can feel you got “some satisfaction” in accepting that amount, rather than going to court and all the BS you would have to deal with that. Something is better than nothing and there is no way to know in the long run how it would turn out, in the end you may get nothing. I’m sure we all have similar stories and yes this can be a tough business and there are allot of ahole’s out there. I can tell you that I had a person that borrowed $1000.00 from me in cash then didn’t want to pay it back, I took him to court, they found in my favor, he appealed it, they again found in my favor, went to arbitration, again they found in my favor, he appealed again, the next step was a hearing in the county courthouse with a jury and that would just cost more money and time, so long story short he offered to pay $700.00 and I accepted that, for me lesson learned, never lend money to anyone for any reason.
