[ayawamat]

me my sisters and a couple of her friends put toilet paper/ Saran(spelling) wrap on and around a friends car for a joke for standing us up when she said she would come and celebrate my sisters going away party. we also hung tampons from different places and put maxi pads, we made sure not to put them on the paint.
well she was pi**ed when she saw it and called the police, that was a week ago saturday. well i found out that the police stopped and talked to my sister on thursday saying that the damages were $458.00 and that we had to pay it in 2 weeks. but they refuse to prove to use that we did any damage, im 95% sure we didn't. the police man said that if we don't pay he will take us to court and that he has never lost a case and wouldn't lose this one either. he dropped and estimate off with my sister after i called and told him we want proof, but no one is willing to show us pictures or let us see the car for ourselves.
the girl has a 1997 mustang that has a lot of damage already,what can we do to protect ourselves so we don't end up paying for damage that was already there? should we just take it to court? any advice you have will be appreciated.

 

[talmadge80]

First of all are you sure she was a friend,a friend might be mad,but she probably would of asked you to clean it up,sounds like maybe you weren't friends,she does have every right to be mad and call the police ,sounds like the kind of things you put on the car didn't cause body damage,that amount in repairs is extremely low for the damage you said was on the car prior to the incident,i don't believe the police have anything to do with an estimate and they sure can't tell you what you said he said either and i believe you would be given more time then 2 weeks

 

[collin]

First: the problem with cars it that even a tiny scratch can cost a lot.

Second: probably she found out a damage that she didn't have seen before (probably it was already there but your prank forced her to look closer), now it will be impossible for you to prove the damage was there.

Third: the police or the victim don't need to show you anything until the trial. Once you are formally charged and given a court date then you have the right to be shown the evidence, but not before.

Fourth: the mother's consent it's irrelevant; the mother can't agree to a criminal act; beside she can always claim the consent was for the toilet paper and all that stuff BUT NOT to scratch the car or break something.

Fifth: since the police is already on her side, and I guess he got all the pictures of the prank, and witnesses, it's a sure thing that the Judge will rule in favor of the victim.

Pay the money, it's going to he cheaper than hiring a lawyer. Besides if you split the bill with your sister and friends it will be a smaller number.

Also you have learned an important lesson: if you disrespect people, you lose their friendship and respect.

 

[tiberio]

Unless you got before the prank pictures, you are all on the hook. As far as the cop goes, I'm guessing he is there on your behalf as much as her cause I bet she told him she won't press charges if you all pay for the damages (real or imagined). He actually can't force you to pay anything, but if you don't pay she can file charges for vandalism and possibly trespassing. Then in addition to all that, still take you to small claims court for the damages. If she's smart she'll wait til you all are found guilty of the crime part, and the civil suit will be practically a slam dunk (regardless of what damage you did or didn't cause you can't prove it). So own up to whats being offered, it's the better deal.

Advice: Don't vandalize other people's property and you won't have problems like this.

 

[maximo]

You are entitled to a document stating the damages, and giving whatever evidence they can. You are also entitled to see the bill for repairs. They have to prove to you that they spent the money before you reimburse them. In the end you might have to pay the damages, but not just from them asserting there was damage.

If you go to court, it will be small claims court because the damages are so small. That means no lawyers, each of you argues for him or herself. Remember -they- have the burden of proof in court. But this is a civil case, not a criminal case, so they don't have to prove 'beyond a reasonable doubt', but only by 'preponderance of evidence'. Meaning that they have to at least show the car was damaged and make the case that you did it.

But you should try to keep it out of court if you can.