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FoxtrotBravo





Joined: 05 Dec 2008
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Reputation: 105.1
votes: 2

PostPosted: Wed Feb 04, 2009 12:56 am    Post subject: Extra-Dumb Repeat Offender Reply with quote

A week ago, one of my kids left the garage door to our house up overnight by mistake. In the morning we noticed that our two cars were ransacked. About $1000 worth of items were stolen, including a snowboard which I had just rented that night for my daughter to use the following day on a trip with friends ($650 replacement cost). They also stole my sunglasses (the second time in 6 months that's happened) -- they were prescrpition so I bet they were tossed in the garbage -- but they cost me $350. They also stole some keys and other car items.

Here's the catch ... the kid that broke into my car dropped his cell phone in the car (you should have hear the thing ringing in the morning when he must have realized it was missing).

I looked through the contact list, messages, and and some pictures on the phone, and this kid was a career criminal. He had numbers for a group home, probation officer, and legal aid assistance. I called the police, they looked up the phone's owner, and have since told me they know the kid, and that he was out on probation, and the detective helping me had just arrested the same kid a few months ago.

Now, personally whether or not the kid goes to jail or the moon makes little difference to me since neither will replace my valuables. Does anyone know what happens in these cases? If he's pitched or sold my valuables will he or his parents be forced to replace them? My insurance deductible is $1000 so it won't cover anything (and it really shouldn't anyways). Does anyone have experience in this kind of situation? What can I expect, and what can I do to better my odds of being reimbursed?
Hasdrubal





Joined: 30 Oct 2006
Posts: 1112
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votes: 5
Location: Nova Scotia

PostPosted: Wed Feb 04, 2009 9:33 am    Post subject: Reply with quote

There is a show called America's Dumbest Criminals, it has had some Canadian content & I have to wonder if just maybe your story might make it to this show because it's wacked enough. :lol:
ezbeatz





Joined: 09 Oct 2008
Posts: 1140
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votes: 10
Location: Vaughan, ON

PostPosted: Wed Feb 04, 2009 1:11 pm    Post subject: Reply with quote

Watch 3:55 - 4:30

Link
FF_Canuck





Joined: 02 Sep 2006
Posts: 3360
Reputation: 73.4
votes: 17
Location: Southern Alberta

PostPosted: Wed Feb 04, 2009 9:46 pm    Post subject: Reply with quote

I don't recall which province you're from, but different provinces have different restitution processes. In Alberta, you can file a notice to request that the judge make a restitution order as part of sentencing. Otherwise, you may need to consider a small claims suit. The best advice I can give is to ask the police about contacting your local Victim's Services organization - they're the experts on this kind of thing.
Mac





Joined: 02 Sep 2006
Posts: 5500
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votes: 35
Location: John Baird's riding...

PostPosted: Wed Feb 04, 2009 11:16 pm    Post subject: Reply with quote

FF_Canuck wrote:
I don't recall which province you're from, but different provinces have different restitution processes. In Alberta, you can file a notice to request that the judge make a restitution order as part of sentencing. Otherwise, you may need to consider a small claims suit. The best advice I can give is to ask the police about contacting your local Victim's Services organization - they're the experts on this kind of thing.

Pretty much covered all the bases I was going to cover. Good luck, F-B!!

-Mac
FoxtrotBravo





Joined: 05 Dec 2008
Posts: 108
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votes: 2

PostPosted: Thu Feb 05, 2009 6:59 am    Post subject: Reply with quote

I appreciate the help, thank you. I'll ask the police to point me towards our local victim's organization.
fiscalconservative





Joined: 08 Dec 2008
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PostPosted: Fri Feb 06, 2009 7:00 am    Post subject: Reply with quote

FF_Canuck wrote:
I don't recall which province you're from, but different provinces have different restitution processes. In Alberta, you can file a notice to request that the judge make a restitution order as part of sentencing. Otherwise, you may need to consider a small claims suit. The best advice I can give is to ask the police about contacting your local Victim's Services organization - they're the experts on this kind of thing.



I really don't know how effective it would be to sue a career criminal in small claims court. How would you collect the judgement ?
lucamanfredi





Joined: 31 Dec 1969
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votes: 2

PostPosted: Sun Feb 15, 2009 9:02 pm    Post subject: Reply with quote

maybe in Canada they have some sort of rein on the criminal's future earnings. In Britain it's called an "attachment of earnings" and the gov't will take money out of your wages without you being able to stop it until your debt is cleared.
fiscalconservative





Joined: 08 Dec 2008
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PostPosted: Sun Feb 15, 2009 9:18 pm    Post subject: Reply with quote

lucamanfredi wrote:
maybe in Canada they have some sort of rein on the criminal's future earnings. In Britain it's called an "attachment of earnings" and the gov't will take money out of your wages without you being able to stop it until your debt is cleared.


Not really. If the person has a job and if you know where they work, you can garnish their wages. Of course, there is nothing stopping then from quiting the job the next day.

Since most career criminals don't have stable jobs, you are unlikely to collect. You can't garnish a dime from a welfare cheque. You also have to think about the wisdom of constantly annoying someone who has little regard to the law.

I think we need some sort of reform where private individuals can garnish criminals tax refunds/"home heating credit cheques"/Gst cheques. It would take a huge bite out of the abuse that landlords take from tenants.
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