What "Legal" recourse do I have here?
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What "Legal" recourse do I have here?
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I bought a very nice used Cadillac and immediatly started noticing small scratches and key type marks on my car, at first I shrugged it off as idiots at the shopping plaza, but as the days go by I've noticed more and more until one day I noticed a small dent the size of a knuckle on the hood near the grille, this is when I realized someone was targeting my car... Then I noticed more and more of the same type of scratches, they are all right where your hand would be at your side, and within easy reach of your side if you were walking by...( I detailed this car from bumper to bumper) so I know every scratch and or ding and there really weren't any, now I realized that I've only had the car 6 weeks and I rarely go anywhere else but work and the post office, where I don't even lock the car, because my total time away from the car is about 60 seconds max... so it's not happening there... I have a total of 18 key marks, and this dent in my hood... I realized I'm being trageted by a disgruntled co-worker who has a hard time adjusting to new owners who want him to stop slacking, of which I pointed out... The retaliation is obvious... I have a great rapport with everyone EXCEPT this idiot...
I've talked it over with the owner and he's angry that this is happening and says if we can prove it, he's toast..
He is installing a hidden camera security system, but this is in the process and is just in the bidding stage, so it's not going to be implemented real soon and I need to catch this idiot now.. I happen to have my own security cameras and recording equipment with infrared night vision and have permission to set it up and try to catch the culprit... My question is, do I have any real legal recourse? is this an arrestable offense? and can I recover for the damage he's done to my new/used car finish?... it was perfect, a true little old lady cruiser.
Or am I in one them civil matter deals?...
I'm older now, and in much better control of my temper, I want to just do a good old fashioned beat down, but that would only get me fired and or arrested...
I will drive my truck until I get everything set up starting Friday, but I'd like to get this done and catch this azzhole...
This person is obviosly a Pansie... what to do and what are my options?... please keep it legal...
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Curtis H
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Tampabay
On private property you are completely within you legal rights to take any form of 'reasonable' response to apprehend this individual.
A few words of caution then. You will need to 100% ensure that filming takes place over several days’ even weeks to see if the one individual is the only culprit.
You will need to ensure the face is clearly shown as being identified or any other unique distinguishing marks show up.
Facial or 'other' identification should be as stated 100%; I have seen over the years a handful of 'watertight' case fail when the perpetrator denied it was him/her and it failed. It needs to be precise; it should also be supported by a third party statement giving you permission to film and you would be wise to include a small sign (and I mean tiny) to caution anyone they are likely to be filmed; (in the dark the sign is highly unlikely to be see if you get my drift? But you have complied with any obscure covert or open surveillance requirements)
Once you have all the evidence you should then take it to a credible prosecution body such as the Police allowing for not one loop-hole; check, check & double check. Recordings, statements, owner’s permissions, photo of warning sign etc etc.
Yes then with proof it is damage and malicious intent cannot therefore be easily denied; you should have a photographic record of your car at the time you film to show what is existing and what is not as denying liability is likely to be the first line of defence for the culprit. Sorry I know you didn't want to hear that bit :-(
Arrest is then likely and prosecution potential is high; the court may award you damages if they can pay or you may need to pursue this one on a civil basis.
All rather long winded but 100% legally compliant; I would ask that if you decide to make a citizens arrest you have it witnessed to show you used 'reasonable force.'
I really do wish you well with this.
Curtis |
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Pyar
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It is vandalism . Call the police . Tell them what you are doing and keep them in the loop . I'm sure if you get a film of someone vandalizing your vehicle you can have him arrested and collect damages . |
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S.Mir
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I agree with Pyar.
Hope everything works out well and you catch the culprit. |
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