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Old 03-16-2008, 04:28 PM   #1 (permalink)
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Please give us an update. =-/
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Old 03-17-2008, 03:46 PM   #2 (permalink)
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Hi scott, I'm trying to find my post by here is the update so far:

wow what a day. so the lawyer first briefed me and told me I had to take the stand. She told me the kid's mom was not supposed to be near the kid because she is a substance abuser, and there was an order of protection against her.

So she said his lawyer will ask me questions of course to make it seem like I didn't have a good look at the kid.

So we get in their and my lawyer ask me questions, and I explain everything and the damages to the bb.

His lawyer then says so U say he was behind you, how come you did not hear him? Where you on the phone, or pre-occupied somehow? I said I had my ipod headphones in. She says ok, so he was behind you so u did not get a good look at him? I said he was behind me at first, and he came in front of me when he actually got the phone.
She then asked if I was in heels chasing him. I said no I was in Ugg boots!
Then she asked since my phone is damaged am I going to get it serviced? I said well att does not provide insurance and for damages from your client I myself will have to buy a new one. She asked a few more questions, but basically they know of course he did it. However now he will take the stand. so the saga continues next wednesday same time.
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Old 03-17-2008, 05:08 PM   #3 (permalink)
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keep us posted....
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Old 03-17-2008, 05:23 PM   #4 (permalink)
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what suspense

surprised this is a multi-part trial
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Old 03-17-2008, 10:50 PM   #5 (permalink)
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This is good stuff. Very interesting. Went to trial quick too.
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Old 03-17-2008, 11:05 PM   #6 (permalink)
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Thanks for the update. The reason you can not find your original post its because the forums were down for a while and everything that was posted between March 3rd, and the down time, was lost. That is why I started this new thread. Thanks, keep us informed please.
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Old 03-18-2008, 09:36 AM   #7 (permalink)
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oh ok thanks scott, and yes i am surprised this is goin to trial the way it is, but bc he is just 15 i guess so. Tomorrow is part 2, so hopefully I can start to put this behind me. My curve is now cutting off on its own-so i might have to get a new one, and it looks like I wont be able to recover damages from the kid.
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Old 03-18-2008, 11:32 AM   #8 (permalink)
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the ironic thing is at the end of the day...i think u got more punishment by wasting ur time in courts and missing from work. the kid is broke (otherwise he won't have stole from u) and his mom is a drug addict. u will not see a penny from the kid (or his mom). the worst thing that will happen to the kid is probably he'll be sentenced to do some community service like sweeping garbage. he wont go to jail cuz he is underage.

so the irony.

Last edited by vincentnyc : 03-18-2008 at 11:34 AM.
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Old 03-18-2008, 11:38 AM   #9 (permalink)
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Right, the kid will just learn that he can get away with whatevs. Such is the system we live in.
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Old 03-18-2008, 11:41 AM   #10 (permalink)
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Actually, the government can seize anything that the mom owns. Ie: house, property, items. They can also take money from her paycheck. No matter what, if u sued them in a CIVIL court, not criminal, u get you money, no matter what.


I think the government might pay off too, but punish the family somehow.
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Old 03-18-2008, 01:32 PM   #11 (permalink)
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vincent ur right, I have now wasted 3 work days bc of this, I do not think I will get damages at all though- i thought like biggem said: they can get it from his mom or whatever but bc the mom is on drugs and theres a case against her, mines is just an add on, i doubt very much i will be getting damages. i just came from att, she said i will have to replace the phone, she will give me a discount bc my contract is gonna be over with att- otherwise I'm just losing money.
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Old 03-18-2008, 01:36 PM   #12 (permalink)
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Quote:
Originally Posted by biggem001 View Post
Actually, the government can seize anything that the mom owns. Ie: house, property, items. They can also take money from her paycheck. No matter what, if u sued them in a CIVIL court, not criminal, u get you money, no matter what.


I think the government might pay off too, but punish the family somehow.
not necessarily true. no assets = no money. you can also declare bankruptcy in many places and get out of civil court commitments.
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Old 03-18-2008, 02:09 PM   #13 (permalink)
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Quote:
Originally Posted by tieshabritton View Post
vincent ur right, I have now wasted 3 work days bc of this, I do not think I will get damages at all though- i thought like biggem said: they can get it from his mom or whatever but bc the mom is on drugs and theres a case against her, mines is just an add on, i doubt very much i will be getting damages. i just came from att, she said i will have to replace the phone, she will give me a discount bc my contract is gonna be over with att- otherwise I'm just losing money.
try to get a refurbish one from at&t. my friend got a refurbished 8300 from at&t cuz her contract was up and she ended paying around $40...not a bad deal.
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Old 03-18-2008, 02:37 PM   #14 (permalink)
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im so skeptical on refurbs bc ones that i've tried b4 always had a problem with them, and the curve is like my life lol u will never see me without it, so I want to make sure it works and if its a problem it will bc of what i did not cause its a refurb or almost stolen! lol
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Old 03-18-2008, 03:51 PM   #15 (permalink)
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Quote:
Originally Posted by Sith_Apprentice View Post
not necessarily true. no assets = no money. you can also declare bankruptcy in many places and get out of civil court commitments.
And if they don't have anything or declare bankruptcy, you are out legal fees and more of your time. As unfair as it is to you, you are probably better off to just go ahead and get a new Curve.
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Old 03-19-2008, 07:22 AM   #16 (permalink)
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Its a shame that they have to put you through this. Can you sue his legal guardian since he's under age?
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Old 03-19-2008, 08:33 AM   #17 (permalink)
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Quote:
Originally Posted by harper828 View Post
...Can you sue his legal guardian since he's under age?
didnt u pay attention...his mother is a drug addict! drug addict = no money = broke.

to any1 of u who suggest her to take more legal action...please dont. it is just a waste of her time and money.
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Old 03-19-2008, 08:43 AM   #18 (permalink)
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Quote:
Originally Posted by vincentnyc View Post
didnt u pay attention...his mother is a drug addict! drug addict = no money = broke.

to any1 of u who suggest her to take more legal action...please dont. it is just a waste of her time and money.
Vinny you are right.
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Old 03-19-2008, 08:44 AM   #19 (permalink)
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let us know what happens
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Old 03-20-2008, 09:25 AM   #20 (permalink)
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Vinny how right you are, I didn't even try with the damages bc I know that won't happen. I went yesterday and he pleaded guilty. The judge placed him in a group home for now, and they are looking to place him in foster care. His sentence has not been determined yet, I had to write a statement and the judge will decide next week, but I dont have to go back. His gma was there and she came over and wanted to apologize, I accepted then she said she wanted him to apologize.
I told her no, I did not want him anywhere near me because I thought I would smack him a few times lol. So thats it, I have to buy a new berry.

Anybody using the 8320? I hear the wifi is great, and you can skip the data plan
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