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  1. #1
    Join Date
    Jul 2008
    Posts
    2

    Default Criminal Mischief Causing Property Damage

    My question involves criminal law for the state of: Texas

    going to try and summarize this story the best i can.

    in July of 2006 my vehicle was damaged by an individual. police were called, they wrote it up as criminal mischief. witness statements were obtained i filed.. we went to court the individual was already on probation for a previous possession of meth offense years prior. the judge ruled for him to pay me $4,100 and he had 2 years to do so. the amount 4,100 was determined because he caused $5900 worth of damage to my car, i sold the car for $1800 to a friend so the difference $4100. his probation officer was to be in charge of me receiving payment. if i recall correctly.. he was to report to her and pay her then i would receive, by mail i assume, payment each month. however, this never occurred. eventually he was arrested for violating his probation. i was contacted and they asked if i wanted him to go to jail or not. i told them, i dont see how i have a say in it. the judge last time didn't send him to jail only so that i had a chance in seeing money for the damages to my car. being that it had been nearly a year and he had paid not a cent, i would assume they would just send him to jail. they agreed. but i did ask if there was some way they could put him to work in jail and if he made any money that it be sent to me. his probation officer called me after the hearing. he was sentenced to 5 years. the hearing wasn't for the damages done to my car though, but only for violating his probation. she informed me him going to jail would throw out him previously being ordered to pay by the first judge. the probation officer also informed me that i could take him to small claims court to regain the loss on my car. i got word recently, and looked it up, he is scheduled to get released in september of 2009. my question being.. what should i do at this point? i would like to get what he was ordered to pay.. plus the interest i would have earned. i am not sure how to do determine that as i don't know what his minimum monthly payments were to be during the 2 years he had to pay. i would be happy with getting the $4,100, at least. should i get a lawyer? i dont really see why i would need one. the evidence is clear. any direction to get me going would be great. i apologize this is so lengthy. thanks to all ahead of time with any advice.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Criminal Mischief Causing Property Damage

    what should i do at this point?
    Take him to small claims court as soon as he is released to try to obtain a judgment against him.

    Mind, obtaining a judgment does not guarantee payment. You may have to return to court to have the judgment enforced. An attorney certainly wouldn't hurt.

  3. #3
    Join Date
    Jul 2008
    Posts
    2

    Default Re: Criminal Mischief Causing Property Damage

    thanks. i was considering picking up all the paperwork to file for small claims court. is there some kind of time limit? being the event took place almost 2 years ago, i would hate to be legally screwed because i waited too long.

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