CR attorney recommendations??

[cstmg8]

Civil I guess, not 100% sure.

Basically, someone stole from us (like night time on my property, theif, not a scheme), we have proof, and I want to make their lives as legally miserable as possible, while protecting my family.

I'll divulge details later, but we're letting the CPD do their thing, hopefully they come through.

FYI, it's scary how much you can find out about someone online with a small piece of info and very little money.

 

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[STEVE-O]

What is the estimate value of property stolen? Ask because a lot of times people jump to wanting to take people to court and many many times the legal fees outweigh the amount of things stolen and a simple arrest is enough

 

When our house was broken into many years ago they got caught and went to jail for over a year but nothing civil was ever done because 1: they got caught and 2: besides a few small things that got damaged nothing else was worth the value of loosing time at work and legal fees involved

[cstmg8]

Well, about $2,500 in property, then almost $3k in cash that chase gave them.

Decent jail sentence may be enough, hopefully the CPD comes through, but it's not about the money at this point. I'll pay an attorney to do it so I don't have to waste my time.

 

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[Geeto67]

Well, about $2,500 in property, then almost $3k in cash that chase gave them.

Decent jail sentence may be enough, hopefully the CPD comes through, but it's not about the money at this point. I'll pay an attorney to do it so I don't have to waste my time.

 

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On a civil case like this most attorneys would want a $2500 retainer just to be hired and expect it being like $5K-$10K in legal fees. If you ask me not really worth it.

 

However, for damages that don't exceed $6K, there is always small claims court. You basically file it yourself and it is handled before an administrative law judge (no jury). It's pretty straightforward and all it costs you is time.

 

I assume you don't have insurance to cover your for this loss, right? if insurance is picking up the tab, forget it and move on - the law is there to make you whole again with money, not to be vengeful against someone.

 

That being said If you do win at small claims court - you get a judgement which you can convert into a lien on things he owns (like houses and cars) and can then have the Sheriff auction them off for maximum inconvenience.

[cstmg8]

On a civil case like this most attorneys would want a $2500 retainer just to be hired and expect it being like $5K-$10K in legal fees. If you ask me not really worth it.

 

However, for damages that don't exceed $6K, there is always small claims court. You basically file it yourself and it is handled before an administrative law judge (no jury). It's pretty straightforward and all it costs you is time.

 

I assume you don't have insurance to cover your for this loss, right? if insurance is picking up the tab, forget it and move on - the law is there to make you whole again with money, not to be vengeful against someone.

 

That being said If you do win at small claims court - you get a judgement which you can convert into a lien on things he owns (like houses and cars) and can then have the Sheriff auction them off for maximum inconvenience.

Enter the Geetster.

Actually very helpful, I thought small claims was only up to like $2,500.

Was thinking about restraining orders as well, simply to discourage retaliation or provide consequences. Maximum inconvenience is definitely the goal.

10k would definitely not be worth it, hoping for cheaper.

Mostly frustrated with people thinking that their actions have no consequences. The police weren't going to do anything until I did a lot of leg work, and they showed up at the bank in person.

 

Thanks Kerry.

 

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[Geeto67]

Was thinking about restraining orders as well, simply to discourage retaliation or provide consequences. Maximum inconvenience is definitely the goal.

 

Protection and restraining orders are not the worst idea, and not super difficult to get on your own. However you do need to prove some things to meet the necessary proof. There also need to be actual charges filed agains the person. This website details the basics of what you will need for a Criminal Protection Order (CRPO):

https://www.columbus.gov/Protection-Orders/

 

 

The criminal charges and the proof you have should cover most of that, esp if the charges are related to Aggravated Trespass, Criminal Damaging/Endangering, Criminal Mischief, or Burglary. The only thing I think you will need is to execute an affidavit explaining the circumstances and your belief that they will harm you or your property (usually if they have made a threat of physical harm). This may get you a Criminal Protection Order (CRPO) for as long as the criminal case is ongoing.

 

I don't know what county you live in but your county clerk of courts should have a form you can use to fill out. Remember a CRPO isn't available unless the person is charged with a crime.

 

In Ohio, Civil Protection orders are limited to Domestic Violence and Criminals, so getting a restraining order prior to charges being filed is not really an option. Keep in mind, if the person makes an open threat against you that you can prove you can call the cops and have them arrested for that and get a CRPO related to that charge, then you don't have to wait for the charges to be filed against the person for the break in/theft. Going forward I would basically be recording any interaction you have with this person just in case he makes a threat.

[cstmg8]

Protection and restraining orders are not the worst idea, and not super difficult to get on your own. However you do need to prove some things to meet the necessary proof. There also need to be actual charges filed agains the person. This website details the basics of what you will need for a Criminal Protection Order (CRPO):

https://www.columbus.gov/Protection-Orders/

 

 

The criminal charges and the proof you have should cover most of that, esp if the charges are related to Aggravated Trespass, Criminal Damaging/Endangering, Criminal Mischief, or Burglary. The only thing I think you will need is to execute an affidavit explaining the circumstances and your belief that they will harm you or your property (usually if they have made a threat of physical harm). This may get you a Criminal Protection Order (CRPO) for as long as the criminal case is ongoing.

 

I don't know what county you live in but your county clerk of courts should have a form you can use to fill out. Remember a CRPO isn't available unless the person is charged with a crime.

 

In Ohio, Civil Protection orders are limited to Domestic Violence and Criminals, so getting a restraining order prior to charges being filed is not really an option. Keep in mind, if the person makes an open threat against you that you can prove you can call the cops and have them arrested for that and get a CRPO related to that charge, then you don't have to wait for the charges to be filed against the person for the break in/theft. Going forward I would basically be recording any interaction you have with this person just in case he makes a threat.

Thanks again. For the record, I'm hoping to not have any contact with these people outside of legal.

 

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