Go Back   Aquarium Advice - Aquarium Forum Community > Saltwater and Reef > Saltwater & Reef - Getting Started
Click Here to Login

Join Aquarium Advice Today
Reply
 
Thread Tools Search this Thread Display Modes
Please support our sponsors and let them know you heard about them on AquariumAdvice.com
 
Old 12-02-2005, 02:39 PM   #11
Aquarium Advice Freak
 
Join Date: Jun 2005
Location: Pensacola
Posts: 483
I'm thinking this wasn't a complex but an apartment behind a house/garage aparement/duplex or something like that...
__________________

__________________
75g w/ 30g sump, 160# LR, 60# sand: Inverts =18 turbos, 30 nassirus's, 40 blue leg's, 5 emeralds, 1 CBS, 1 skunk cleaner, 1 brown gulf shrimp? and various other LR hitch hikers yet un discovered or un-ID'ed
Fish=1 yellow tang, 1 yellow headed jawfish, 1 pink/blue shrimpgoby, 2 perc clowns.
Future fish = 1 sixline, 1 lawnmower blenny
mykpoz is offline   Reply With Quote
Old 12-02-2005, 02:54 PM   #12
Aquarium Advice Regular
 
Join Date: Mar 2004
Location: Coopersburg, PA
Posts: 82
The best advice (except for what I'll mention later) is to check the applicable law(s). An attorney is not needed for this initially. An internet search can provide relevant state law info.

The wording is a bit confusing though. A claim is not the same as a citation. If it is indeed a citation, then the document will reference the applicable state statute. Research that word for word. If it is a claim, as in a small claims court claim, then the claimant is simply initiating a legal demand and the sheriff was simply the messanger. Paying it is essentially pleading guilty. If it is indeed a small claims court action, then by all means challenge it. Otherwise you lose via summary judgment. You can represent yourself in nearly all states. The burden of proof as to value is with the claimant, and you should be able to demand an explicit accounting. Court procedures should outline how you make this demand of the plaintiff. Arm yourself with all data you feel supports your position.

Also note that the landlord could have some legal responsibility (the original message doesn't provide enough facts). The main issue here is why do new tenants have access to the apartment before it's vacated? Most states require the landlord to store "abandoned" property for some period of time.

By all means go to court if it is small claims. If the plaintiff doesn't show, you win via summary judgment. A "loss" would probably be for less than $1300, given your statements. Arguing a case in small claims court is an excellent life learning experience.

Finally, never, ever, ever, ever make statements such as "he is at fault and I am willing to pay" in a legal environment, even if the sheriff caught your son holding a sledge hammer over a smashed tank. Hope the plaintiff isn't an AA member.

Best of luck to you. It would be interesting to hear the final outcome, if you wouldn't mind.
__________________

__________________
OneBowl is offline   Reply With Quote
Old 12-02-2005, 03:33 PM   #13
Aquarium Advice Addict
 
Join Date: Apr 2005
Location: Spring Hill, FL
Posts: 1,365
Quote:
Originally Posted by OneBowl
Also note that the landlord could have some legal responsibility (the original message doesn't provide enough facts). The main issue here is why do new tenants have access to the apartment before it's vacated? Most states require the landlord to store "abandoned" property for some period of time.
Exactly my thoughts! I did a quick google search and came up with exactly that ... after a tenant vacates or is evicted from said dwelling, the landlord is responsible for storing any and all property abandoned!
__________________
God grant me the serenity to accept the thing's I can not change, the courage to change the thing's I can and the wisdom to know the difference!

R.I.P Walena K. Cox
7/7/62 - 8/11/2002
Jermz79 is offline   Reply With Quote
Old 12-02-2005, 03:51 PM   #14
AA Team Emeritus
 
austinsdad's Avatar


 
Join Date: Mar 2004
Location: Accokeek, Maryland
Posts: 7,694
There is no way any court should make you pay a lump sum without some kinda itemization.

I'd say it'd be worth the $250 (totally guessing) to consult an attorney.
__________________
-Ray-

"Life may not be the party we hoped for but while we are here we might as well dance!"

austinsdad is offline   Reply With Quote
Old 12-02-2005, 04:53 PM   #15
Aquarium Advice Newbie
 
Join Date: Dec 2005
Location: N.C.
Posts: 2
Update- Ct appearence

Just back from court appearence...(yep it was today)..

The DA rep was somewhat mystifiied as to why cop wrote up as a criminal offense... I explained I was happy to pay for ACTUAL damages, but I wanted a listing/accounting and complaintant wouldn't supply. DA rep said that this should have been handled without being a criminal charge. My son and I are now scheduled in Jan for an appearance when the officer will be in court. (DA wants the crimial charge dismissed and the parties to work it out.) - How value is determined is anyones guess/..

To answer some of the questons in prev threads... The owner was named on the lease with 2 other guys.. he moved out and his name removed from lease.. the other 2 remained. So there was no real "turnover" of the apartment to someone else. My son now tells me the equipment was not turned on and the 2 remaining guys did no maint to the tank. So at this point I understand it to be a saltwater tank that had no fish, but live rock, and apparenently unattended to for several weeks. It did "stink".

The owner removed the tank the evening of the complaint so I have NO way of knowing what exactly it was and what was in it. My son guesses a 50 gal. (He said it was a little bigger than my [old] 30 gal freshwater). It is not possible to get pictures or to even see the thing.

I hate to go the expense of a lawyer if I could just get a reasonable accounting from the owner.... erghhhhhh
__________________
zell is offline   Reply With Quote
Old 12-02-2005, 05:35 PM   #16
Aquarium Advice Addict
 
Join Date: May 2004
Location: Poughkeepsie, NY
Posts: 3,294
This is clearly a civil matter. But I can not understand why it was made a criminal matter? The owner of the tank is going to have to take you to court for the cost/repair of his property. He will/should have to prove the damage and that it was caused by your son. And he should have to prove that your sons actions is what destroyed the tank. The tank or equipment should not be ruined by soap so he cna't claim them as ruined. Right now I would talk to the individuals who were moving in and get a signed statement or even better have them show up in court to testify that the tank was neglected and in their opinion every thing in the tank was dead already.
Sounds to me like this guy is looking to make a quick buck... And it really baffles me that the sheriff put a $1300 value on this.
__________________
9/02-125 REEF, 125 lbs LR,LS 4x160 VHO, Reef Devil /Sump, Fuge
7/03-55 FOWLR 60lb LR, 50 lb SD sand 2x40 NO strip light, Reef Devil/sump, Fuge

TANK PICS http://www.aquariumadvice.com/viewtopic.php?t=98202
seaham358 is offline   Reply With Quote
Old 12-02-2005, 05:39 PM   #17
AA Team Emeritus
 
austinsdad's Avatar


 
Join Date: Mar 2004
Location: Accokeek, Maryland
Posts: 7,694
"reasonable" is what I/m most concerned about. Tank and rock, maybe sand -all of course foul any way and full of ammonia are the only things I can think of to replace. Unless I'm missing something, that's still a long way from $1300.

Get a written price for a 50 and a 75g tank, 4 bags of sand, and 75 lbs of cheap live rock. His was just base rock anyway. It was all dead. Take all that info to court with you so the judge can see the guy is an opportunist. Also google on live rock and try to get some third party info on the fact that once the tank has no light, filtration, or water movement and smells foul, that its no longer live rock and loses its value.

That's my 2 cents.

Anybody got an estimate on the items I mentioned - and considering the issues I've raised above?
__________________
-Ray-

"Life may not be the party we hoped for but while we are here we might as well dance!"

austinsdad is offline   Reply With Quote
Old 12-02-2005, 05:43 PM   #18
Aquarium Advice Freak
 
Join Date: Jun 2005
Location: Pensacola
Posts: 483
hirocks.com 60lbs premium = 92 dollars
4 bags sand = @30-45 each so 120-180 dollars LFS
75g tank (depends on tank) 100-300+ dollars LFS
__________________
75g w/ 30g sump, 160# LR, 60# sand: Inverts =18 turbos, 30 nassirus's, 40 blue leg's, 5 emeralds, 1 CBS, 1 skunk cleaner, 1 brown gulf shrimp? and various other LR hitch hikers yet un discovered or un-ID'ed
Fish=1 yellow tang, 1 yellow headed jawfish, 1 pink/blue shrimpgoby, 2 perc clowns.
Future fish = 1 sixline, 1 lawnmower blenny
mykpoz is offline   Reply With Quote
Old 12-02-2005, 09:28 PM   #19
Aquarium Advice FINatic
 
oyf709's Avatar
 
Join Date: Oct 2004
Location: Vancouver BC
Posts: 645
well here might be a point to argue which is that the guy removed all avidences that the dmg u might make, now he had no way to prove that u did actrually damage to his eq. or watsoever,however, since u already said ur son dump soap in the tank, unless the officier gave u the charge marked down how heavy are the LR,which is not likely, prety much u donno how much they actrually coast. I would doubt that u will be charge for it UNLESS there is any clear avidences. I belive that it is his responsibility to provide avidences to accuse u.
__________________
We Provide LED Solution For Your Aquarium..
Click the Signature for more information.
http://i706.photobucket.com/albums/w...09/aqled-1.gif
oyf709 is offline   Reply With Quote
Old 12-03-2005, 01:00 AM   #20
Aquarium Advice Freak
 
Join Date: Jun 2005
Location: Pensacola
Posts: 483
eh?
__________________

__________________
75g w/ 30g sump, 160# LR, 60# sand: Inverts =18 turbos, 30 nassirus's, 40 blue leg's, 5 emeralds, 1 CBS, 1 skunk cleaner, 1 brown gulf shrimp? and various other LR hitch hikers yet un discovered or un-ID'ed
Fish=1 yellow tang, 1 yellow headed jawfish, 1 pink/blue shrimpgoby, 2 perc clowns.
Future fish = 1 sixline, 1 lawnmower blenny
mykpoz is offline   Reply With Quote
Reply

Tags
destruction, tan

Please support our sponsors and let them know you heard about them on AquariumAdvice.com

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Snail Destruction..?? Zer0 Saltwater Reef Aquaria 8 09-07-2009 02:40 PM
Coral Destruction superswamper Saltwater Reef Aquaria 3 02-21-2004 07:52 PM







» Photo Contest Winners








Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -4. The time now is 04:36 AM.


Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.