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queensheebs

truck stolen from Texas

7 posts in this topic

the bonus mama had a truck rought into the marriage. she and i went to pet smart and tried to start the car. it wouldnt work. she called triple A and they sent a guy out to try to fix it. he couldnt get it fixed so he left and triple AAA called a towing company. the tow truck arrived at 730-745 and took 3 hours to drive7 miles to the repair shop. the repair shop never saw it. until they checked the video. the thief took the keys from the front seat, got the truck started and drove off in it. the tow truck company said the repair shop didnt have an overnight drop box. (that was a lie.) then they tried to say my dad, who was there when the truck got picked up by the towing company, said to leave the keys on the front seat. (he didnt.)

 

We consulted a lawyer and he said that we cant pursue a civil suit because charges are being pressed. i dont know what the charges are currently, but the bonus mama told me that maybe if we get them to lower the charges to criminal negligence, we could sue them in civil court for the cost to replace the truck. it was a 97 ford f 150. apparently is the golden ticket for car parts. on the video, the thief didnt even look at any other cars. he went straight for the truck.

 

please tell me theres a way to lock this jerk up ad still sue so we can afford a new (to us) truck. because not being able to sue just seems wrong. she is really upset about this and i need to bring her some good news.

 

i wanted to post this in civil suits, but apparently that category doesnt exist...

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2 hours ago, RetiredinVA said:

What is a "bonus mama"? 

 

From the online Urban Dictionary:

 

Quote

A Bonus Mom is a woman who helps her boyfriend or husband co-parent his children from another mama.

 

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Really? I talk about a stolen truck and you have a question about bonus mamas? You cant be serious.

 

To answer your question, the bonus mama is married to my dad. She is a helluva lot nicer than Cinderella stepmother. Stepmother is the legal term, but we dont use it because one of our kids had the stepmother from hell marry her dad after her mom died. Please dont ask anything else like this.

 

As for the truck, the lawyer wanted 3500.00 to tell her she cant sue the thief. She didnt hear it from the cops, who are too busy to even get the video. 

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She can't sue the thief? That's bulls--t.

 

She can sue the thief while he is being prosecuted and while he is incarcerated. The point is that, even if she wins a judgment, getting paid by the thief would likely be problematic. Rather than sue, she might want to seek restitution as part of the prosecution.

 

Frankly, I think she may have a better chance suing the towing company for negligence in leaving the truck with the keys on the seat.

 

A 97 F150 is likely well within the Texas small claims limit of $10,000 and she can do that without a lawyer. Small claims court is cheap and informal and there isn't much to lose by giving it a shot.

 

 

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1 hour ago, queensheebs said:

Really? I talk about a stolen truck and you have a question about bonus mamas? You cant be serious.

 

When a poster -- such as you -- uses terminology that isn't commonly understood, responders have two choices:  (1) ignore the unknown term and hope an understanding of the term isn't necessary to address the issue raised; or (2) ask what the unknown term means.  There's nothing wrong with either option, and if you don't want folks asking questions, don't use terminology that isn't commonly understood.

 

Here's my understanding of the relevant facts:  Your stepmother's truck became inoperable.  She called AAA, and a AAA-contracted towing company towed the truck to a repair shop after business hours.  The truck was left in the repair shop's parking lot with the keys sitting on the front seat (and, presumably, also with the doors unlocked).  The truck was then stolen that night.  It sounds like the thief has been identified and arrested.  Have I got all that right?

 

Any lawyer who told your stepmother that she can't sue is an idiot.  Anyone can sue anyone for anything.  Whether it is a good idea to sue before the criminal prosecution is complete isn't something we can address.  However, in situations that give rise to both criminal prosecution and a civil lawsuit, it is fairly common for the plaintiff to wait to sue until after the criminal prosecution is complete.  As "RetiredinVA" mentioned, suing an auto thief isn't likely to be productive, but we can't know for sure.

 

As "adjusterjack" noted, this is definitely small claims territory (depending on where in Texas your stepmother lives and the vehicle's mileage, options and conditions, it probably wasn't worth more than $2k).  I also agree that your stepmother will probably have better success suing the towing company for negligence than suing the thief.

 

Also, what about insurance, or did your stepmother not carry insurance on this 21 year old truck?

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1 hour ago, pg1067 said:

When a poster -- such as you -- uses terminology that isn't commonly understood, responders have two choices:  (1) ignore the unknown term and hope an understanding of the term isn't necessary to address the issue raised; or (2) ask what the unknown term means.

 

There is a third choice: Google it. That's what I did. ;)

 

 

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