LittleIzumi Posted June 23, 2012 Share Posted June 23, 2012 okay so I wanted to give you guys a heads up---you've all been so helpful. The guy called! And asked if we had thought about how much we were "willing" to help. Luckily I answered the phone. ;) I said that that I didn't feel as though it was our responsibility to help since the damage was not our fault. He got mad again---go figure-- and started yelling that it "definitely was your dh's fault" and "he's responsible for some if not all of the bill". I very calmly told him that we needed to take other measures to resolve this and he yelled "you know... I don't want to talk about it or play games" and he hung up. :001_huh: I contacted the police and an attorney. Luckily we are acquaintances with one and were able to call him at home. Both of them say my dh is not at fault and considering there was no police report and the damage was done by the atv that ought to have been strapped down, if he took it to small claims it would likely be thrown out and the guy would be hard pressed to prove anything at this point if he even wanted to try. The police officer said he is in the wrong to take matters into his own hands telling us what is or isn't our fault and what if anything we should pay in damages and the fact that he didn't file a police report himself is suspect considering he's trying to get us to accept guilt. The attorney shattered my dh's faith in humanity with what he called "no good deed goes unpunished" and that paying anything, even as an act of kindness or good deed, would only make matters worse if the guy wanted to go to small claims and that from the way he is acting he may be trying to do just that. We can't be sure of his intentions. Both of them said it's best to have no contact with the guy, that it's okay to inform him IF he calls again that an attorney and police officer have been contacted and we are not to have any further contact with him. If he continues to harass without going through any proper legal means of communication then I have the right to a restraining order. Ugh! Those of you who pray and those of you who don't---send me good vibes please! I don't want him near my family! I'm not exaggerating how loud and scary angry he is. Bully is definitely the right word. Good for you!!!! I hope he leaves you guys alone now. Quote Link to comment Share on other sites More sharing options...
Word Nerd Posted June 23, 2012 Share Posted June 23, 2012 okay so I wanted to give you guys a heads up---you've all been so helpful. The guy called! And asked if we had thought about how much we were "willing" to help. Luckily I answered the phone. ;) I said that that I didn't feel as though it was our responsibility to help since the damage was not our fault. He got mad again---go figure-- and started yelling that it "definitely was your dh's fault" and "he's responsible for some if not all of the bill". I very calmly told him that we needed to take other measures to resolve this and he yelled "you know... I don't want to talk about it or play games" and he hung up. :001_huh: I contacted the police and an attorney. Luckily we are acquaintances with one and were able to call him at home. Both of them say my dh is not at fault and considering there was no police report and the damage was done by the atv that ought to have been strapped down, if he took it to small claims it would likely be thrown out and the guy would be hard pressed to prove anything at this point if he even wanted to try. The police officer said he is in the wrong to take matters into his own hands telling us what is or isn't our fault and what if anything we should pay in damages and the fact that he didn't file a police report himself is suspect considering he's trying to get us to accept guilt. The attorney shattered my dh's faith in humanity with what he called "no good deed goes unpunished" and that paying anything, even as an act of kindness or good deed, would only make matters worse if the guy wanted to go to small claims and that from the way he is acting he may be trying to do just that. We can't be sure of his intentions. Both of them said it's best to have no contact with the guy, that it's okay to inform him IF he calls again that an attorney and police officer have been contacted and we are not to have any further contact with him. If he continues to harass without going through any proper legal means of communication then I have the right to a restraining order. Ugh! Those of you who pray and those of you who don't---send me good vibes please! I don't want him near my family! I'm not exaggerating how loud and scary angry he is. Bully is definitely the right word. Good for you! I'm sorry you have to deal with this. :grouphug: Quote Link to comment Share on other sites More sharing options...
kalanamak Posted June 23, 2012 Share Posted June 23, 2012 If he continues to harass without going through any proper legal means of communication then I have the right to a restraining order. . Can you record your phone? Keep a notebook by the phone and note time, tone, length of call and as much as you can remember if you can't. Pre-write a canned response to read if he calls again. "I'm happy to have my attorney contact you." "I have spoken to the police and if you continue to harass us, I will pursue it with them." etc. Keep your pets in, and doors locked etc until this blows over. Quote Link to comment Share on other sites More sharing options...
Trish Posted June 24, 2012 Share Posted June 24, 2012 I think The Hive has done a wonderful job of providing perspective, advice and moral support on this issue. Thanks for the update, and I will certainly keep your family in my prayers! :grouphug: Quote Link to comment Share on other sites More sharing options...
Little Nyssa Posted June 24, 2012 Share Posted June 24, 2012 :grouphug: Quote Link to comment Share on other sites More sharing options...
besroma Posted June 24, 2012 Share Posted June 24, 2012 Can you record your phone?Keep a notebook by the phone and note time, tone, length of call and as much as you can remember if you can't. Pre-write a canned response to read if he calls again. "I'm happy to have my attorney contact you." "I have spoken to the police and if you continue to harass us, I will pursue it with them." etc. Keep your pets in, and doors locked etc until this blows over. :iagree: I think these are good ideas. Quote Link to comment Share on other sites More sharing options...
TranquilMind Posted June 24, 2012 Share Posted June 24, 2012 :iagree: There is no reason your family should pay anything. If he owns a truck and an ATV, then he should know how to properly secured the two together. If that ATV had hurt anyone else because he did not properly secure it, then he would be responsible for the damage, so he is certainly responsible for the damage to his own truck. Do not pay anything or he could come after you for the full amount in some staes, because you admit guilt by paying some of the damage. That happened to a friend once, being nice does not usually end well in matters like this. Right. This is all his fault because HE failed to secure HIS ATV to his truck. This sounds like a scam to me. I've heard about drivers who tailgate and bump the rear of another vehicle and them jump out and demand money. Or he is just unstable. I'd document all of this, including time, place, exact placement of the two vehicles and then notify the police. Quote Link to comment Share on other sites More sharing options...
Walking-Iris Posted June 24, 2012 Author Share Posted June 24, 2012 Right. This is all his fault because HE failed to secure HIS ATV to his truck. This sounds like a scam to me. I've heard about drivers who tailgate and bump the rear of another vehicle and them jump out and demand money. Or he is just unstable. I'd document all of this, including time, place, exact placement of the two vehicles and then notify the police. I've notified the police and an attorney. We were advised not to have further contact with him. I'm hoping he just realizes he isn't going to succeed at bullying us and just moves on. Quote Link to comment Share on other sites More sharing options...
Big Buckin' Longhorn Posted June 24, 2012 Share Posted June 24, 2012 I've notified the police and an attorney. We were advised not to have further contact with him. I'm hoping he just realizes he isn't going to succeed at bullying us and just moves on. Good for you. :grouphug: to your family. I hope this is all over now. Quote Link to comment Share on other sites More sharing options...
RanchGirl Posted June 24, 2012 Share Posted June 24, 2012 oh my word, this has scam written all over it. I see that you have called the police, I just want to make sure that they filed a report that includes your version of the initial incident, the visit with the bill, and the phone call. You definitely want a written record of this in case things escalate. I would be very concerned that this nut/bully has your name, address and phone number. Please be very cautious. Quote Link to comment Share on other sites More sharing options...
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