Xtreme Motorsports

[Bob K]

Originally Posted by Shadow

The civil side of this sounds like a pretty good case

And how long does that take? Another year? Let's say he wins a judgment but the shop has no money. I just don't see how a guy can can win in these situations. Not just this case, I mean we've all been beaten down at some time.

[Shadow]

Originally Posted by Bob K

And how long does that take? Another year? Let's say he wins a judgment but the shop has no money. I just don't see how a guy can can win in these situations. Not just this case, I mean we've all been beaten down at some time.

It depends.

He (Dan) will have to file the paperwork with the courts, get the summons/complaint package issued by the clerk, and served on Chris.
Package completion and filing should take no more than 1 day. Two (2) if the clerks are backed up and require him to leave it for filing.

Service can take a while depending on whether he uses the Sheriff (longest service time) or a private server (much shorter turnaround but likely a bit more expensive).

Once that's done, if it's a pre trial it'll be set for a specific date, usually a month or so out. Prior to pretrial, most courts require both parties to meet in mediation to attempt to work out a settlement.

Either way, whether a settlement is reached or not, it's over on the date of the hearing.

He's granted a judgment, files it with the court, and starts the enforcement process.

Just because you have a judgment, doesn't guarantee you're going to recover squat!

If he sues the company (if he's incorporated) and the individual, he has a wider base to draw from; however, Chris can also file personal and business bankruptcy and make the whole thing go away.

If the case is a 20 day summons, then once served, not including the date of service, the defendant has 20 days to respond to protect himself and answer the allegations.

If he fails to answer, the court (upon proper motion by the plaintiff) will grant a default judgment in favor of the plaintiff.

Again, he still has to enforce (collect) on the judgement.

He can do a lien and levy, having the Sheriff upon order of the court, levy (take) property belonging to the defendant.

This is the readers digest version but it gives you some idea

[Bob K]

Thanks Shadow. Sometimes life just plain sucks.

[Shadow]

Originally Posted by Bob K

Thanks Shadow. Sometimes life just plain sucks.

Yep.....pretty much....

[Fatbum]

Originally Posted by Shadow

Yep.....pretty much....

The fortunate part is that I am waiting until the DOACA completes their prosecution process, which I have found out will include criminal charges, and due to the amount of $ worth of parts stolen, and the statements Chris has made to me about returning my parts before and after the agreement (which had a negligence loophole), Chris will be charged with a FELONY. If he had my **** he would have returned it when faced with that.

What's even funnier is that he claims our agreement relieves him from returning my parts, when he communicated that him putting those parts (the wrong ones) on was a mistake....lol

It's pretty simply, send me my ****, and I'll be out of your hair, continue to be a thief, and I will make sure the law will treat you like one.

[Shadow]

I have a little problem with both your post and the State investigator, "if" they're playing this the way you imply?

First you state:

I am waiting until the DOACA completes their prosecution process, which I have found out will include criminal charges, and due to the amount of $ worth of parts stolen,

No problem with that.It is what it is and if he's committed a felony, then they should prosecute him accordingly and let him deal with it.

Then this:

Chris will be charged with a FELONY. If he had my **** he would have returned it when faced with that.

...and this:

It's pretty simply, send me my ****, and I'll be out of your hair, continue to be a thief, and I will make sure the law will treat you like one

What exactly do you have to do with it at this point?
The answer to that should be a resounding NOTHING!
You "should" have no recourse in the matter and no say as to potential criminal charges!
If you do, then all your doing is wasting TAXPAYER $$$$ to accomplish your personal goals

The State is not your personal collection agency. They're not your little mob to hard time someone into compliance

The States job is to simply respond to alleged violations of statute, investigate those allegations, determine probable whether or not probable cause exists for a charge, then make that charge. Later, work with the States Attorney or Attorney General (as appropriate) to prosecute the charges....PERIOD!!
Not to pressure someone into compliance with the threat of criminal charges

You have CIVIL, ADMINISTRATIVE and CRIMINAL. Although at times they will overlap investigatively, the three seldom overlap with regard to prosecution. As a matter of fact, in most cases, the result of one, can not be used in the prosecution of the other.

The State is not in business to be your personal goon squadYour private collection agency.

You should really have little if any input in whether or not they proceed with charges. It's simply not your call.

To imply that you somehow have the power to make this go away if only Chris would return your parts, is ludicrous!

You will have the opportunity to waive charges further along with the SAO or AG's office.

If the investigator is doing this (which you make it sound like-but I highly doubt) then he/she needs to be investigated, probably terminated and charged accordingly!

This is exactly why a lot of law enforcement agencies and personnel, refuse or shy away, from matters that are essentially civil in nature.

[Fatbum]

Originally Posted by Shadow

I have a little problem with both your post and the State investigator, "if" they're playing this the way you imply?

First you state:



No problem with that.It is what it is and if he's committed a felony, then they should prosecute him accordingly and let him deal with it.

Then this:


...and this:


What exactly do you have to do with it at this point?
The answer to that should be a resounding NOTHING!
You "should" have no recourse in the matter and no say as to potential criminal charges!
If you do, then all your doing is wasting TAXPAYER $$$$ to accomplish your personal goals

The State is not your personal collection agency. They're not your little mob to hard time someone into compliance

The States job is to simply respond to alleged violations of statute, investigate those allegations, determine probable whether or not probable cause exists for a charge, then make that charge. Later, work with the States Attorney or Attorney General (as appropriate) to prosecute the charges....PERIOD!!
Not to pressure someone into compliance with the threat of criminal charges

You have CIVIL, ADMINISTRATIVE and CRIMINAL. Although at times they will overlap investigatively, the three seldom overlap with regard to prosecution. As a matter of fact, in most cases, the result of one, can not be used in the prosecution of the other.

The State is not in business to be your personal goon squadYour private collection agency.

You should really have little if any input in whether or not they proceed with charges. It's simply not your call.

To imply that you somehow have the power to make this go away if only Chris would return your parts, is ludicrous!

You will have the opportunity to waive charges further along with the SAO or AG's office.

If the investigator is doing this (which you make it sound like-but I highly doubt) then he/she needs to be investigated, probably terminated and charged accordingly!

This is exactly why a lot of law enforcement agencies and personnel, refuse or shy away, from matters that are essentially civil in nature.

I should ignore all of the chest thumping your doing in your petty attempt to blow what I said out of proportion.

Go back, delete your post, take a breath, and seriously STFU before you waste your time thinking you are the almighty law master of the world.


Let me CLARIFY the statement for you, which you should have asked for me to do before going on a rampage.

It's simple. If Chris steals from me, it will be noted for Consumer Affairs. If he is found to have committed criminal acts, then he will be charged with criminal offenses. So I AFFORDED the opportunity the return the things he stole, or otherwise, the affidavit would indeed reflect the TRUTHFUL events that took place, which would involve him stealing. If he RETURNED the parts, then it would reflect the TRUTHFUL events that took place, which would involve him NOT stealing. Why the **** are you such a goddamn idiot? It is a FELONY because he stole parts in an excess of $250, guess what ding dong, it wouldn't be a felony if he didn't steal my ****ing parts!!! Chris would still be fined for the laws he broke on the business side, but not for a felony by any means.

Get out of here with your stupid ****ing smiley face usage. I can and WILL effect the states case because mine (and others, in case you forgot about them) had crimes committed against us, and if we hadn't there would be no case....surprise! Logic!

I guess writing statements is doing nothing though. Pardon me, I'll go back to where all the mind****ed people are not swinging around on their branches of self importance.

[Fatbum]

And no I didn't ****ing sit there and TELL the investigator what to do, he told ME what he was going to do based off of all the EVIDENCE collected, **** you jump to conclusions like every other Glen Beck ball sucking idiot in this country.

[Fatbum]

What's funny is that you YOURSELF say you highly doubt the investigator was doing what you THOUGHT I was implying, but didn't let that sway you into whipping out old faithful and trying to get your jimmies off. Please someone ban me from this retarded ass retirement home you idiots call a forum.

[floridaZ]

Originally Posted by Fatbum

What's funny is that you YOURSELF say you highly doubt the investigator was doing what you THOUGHT I was implying, but didn't let that sway you into whipping out old faithful and trying to get your jimmies off. Please someone ban me from this retarded ass retirement home you idiots call a forum.

Done!





Well, okay. I don't have the power, but you need not worry, someone who does will surely be along soon. I like this forum, and if it was a retirement home then we would have cookies.