T.R | Title | User | Personal Name | Date | Lines |
---|
690.2 | First things first | ULTRA::WITTENBERG | Secure Systems for Insecure People | Thu Jul 06 1989 14:34 | 25 |
| Try to relax. This is clearly upsetting to you, and it's very easy
to imagine the worst when you're upset. Right now there's nothing
to do but wait for the 6 year-old's mother to talk to her
children.
If she doesn't find the other rings, then consider your
alternatives. But before you do that, think about what you want if
the rings are lost. You talked about the insurance and who would
pay for replacement. Is that the real issue? The things which have
sentimental value to me can't be replaced (except, perhaps by the
person who gave it to me originally), and if they were lost I
would be upset, but I wouldn't try to buy replacements. If the
issue really is one of money, you can file an insurance claim, and
if the girl's mother agrees that her daughter was responsible for
losing all the rings she should cover the deductible.
If the rings are found, the mother will presumably tell the girl
not to play with things that aren't hers, and there's no reason
why you can't go on inviting them to dinner. There's no reason to
let a 6 year-old's carelessness interfere with a frienship.
But for now, try to relax. See if she finds the rings, and try not
to imagine all possible horrible consequences.
--David
|
690.3 | | CASPRO::WASKOM | | Thu Jul 06 1989 14:38 | 19 |
| I would try and discuss with the mother what the appropriate solution
is for the child who took the jewelry. The child needs to learn
respect for other's property. It won't be an easy conversation.
Maybe try using the last few sentences of your note as a starting
point - you want to continue to have these people as friends, you
have learned something about the behavior of small children, etc.
Contact your insurance company now about what your coverage is so
that you have facts about how to handle the monetary portion of
your loss. Several times in the past I have had someone offer to
pay the deductable when a damage or loss occurred for which there
was coverage. It seems reasonable to me that the financial loss
accrue to them as much as practical. You did nothing wrong.
Good luck. I hope that all the rings are retrieved and returned,
as nothing can compensate for the sentimental value of what may
be lost.
Alison
|
690.4 | | LEZAH::BOBBITT | invictus maneo | Thu Jul 06 1989 16:25 | 37 |
| First of all, sounds like the child needs to learn a thing or two
about lying, but not via punishment. Punishment will discourage
the child from revealing (if they know) where the other ring(s)
are.
I *KNOW* rings are pretty to children (had trouble getting my class
ring back from a certain little one a while ago....a little convincing
from his parent helped a lot....gentle convincing, to be sure).
But this little one has to learn not to take things that aren't
theirs (they can get arrested for that, if they do it at a store).
I think the scariest part is the loss of something sentimental.
Insurance may well cover the financial part, but the sentiment with
which the rings were given/received is difficult to replace....
Perhaps the "exchange" idea would work....a ring (and a bracelet,
and a necklace) for the ring, if no other way - but that does nothing
towards teaching the child that stealing is wrong (and even if she
said she was just borrowing it, the fact that she lied about the
class ring shows that she KNEW it was wrong!).....
Maybe the mother could make more clear the emotional value of the
rings you....tell the child that it's as valuable to you as (make
a proper analogy to something the child really treasures). And
maybe the mother can tell the child that if you don't get the rings
back, you will cry, and be hurt, and maybe even get sick, because
you'll miss them so much. Perhaps the mother should make clear
there will be no revenge/punishment this time....
What a difficult position....my sympathies are with you...
ever since my jewelry was stolen a few years ago, I wear basically
every valuable/sentimental ring I have, all the time, that way if
people want to take them, they'll have to deal with me first....
-Jody
|
690.5 | Still no findy | MSDOA::MCMULLIN | | Fri Jul 07 1989 11:01 | 64 |
| Well, as of last night, the little girl is still saying she didn't
take them. She said she thought the class ring was her's (where
would a 6 year old get a class ring??). So, her mother is still
looking for them and trying to convince her to tell us where they
are. As of 8:30 last night, the girl's father, whom the mother
tells me can usually get anything out of the girl, just by talking,
still had not talked to her. I felt like it should have been the
first thing he did when he got in from work. It really perturbed
me because when by 8:00 we still hadn't heard anything from them,
we went to them to find out if they had found them. The father
was next door talking to a neighbor, the kids were out riding bikes,
and the mother had gone to get beer from the grocery store. I felt
like they should have been dealing with it then. Not at 9 or 10
o'clock last night (I know, this is not my child, but let's be
reasonable). Anyway, the mother told me she felt like the little
girl had taken all the rings, but I kind of got the impression from
the father that he wasn't all that sure about it. Now, how can
you convince someone to tell you something when you're not sure
if you believe what you're trying to find out or not. I will call
my insurance company today and see what I can find out.
re .1,
Marge,
That may be a very good idea on the cheap jewelry part. I don't
want the child to think that she can steal something and every time
she gives it back it, she will get a thank you gift in exchange,
but if it's the only way to get my rings back (selfish me), I'd
be willing to give it a shot.
re .2,
--David,
Thanks for the encouragement. I know I'll never be able to "replace"
them per say, but sure enough, the mother told me to figure out
how much they owed me for them and to let her know.
re. 3,
Alison,
The mother agrees that her child is the likely candidate to have
taken the rings, but she says she talked to her until she was blue
in the face and told her that we or anybody else could have her
put in jail for stealing. Still to no avail. I imagine the mother
is as sick over this as I am.
re. 4,
I'm glad you got your class ring back. I wish Chris' parents were
more like the one's you described. But, I feel like if the little
girl tells her daddy that she didn't take the rings, that will be
the end of discussion. We'll just have to wait and see how things
go over the weekend.
I could go on and on about what I would do "if" this were my child,
but I won't get into that. (You know the old saying, "People with
out kids always have advice to give on raising them". :-) )!!!
Virginia
|
690.6 | best of luck getting your rings back | RICKS::BUTLER | There's more to it than fate | Fri Jul 07 1989 11:21 | 4 |
| You may be able to get additional input by entering the base
note in TERZA::PARENTING.
Mary Jo
|
690.8 | | MSDOA::MCMULLIN | | Fri Jul 07 1989 12:57 | 24 |
| re .6
Could someone please tell me how I can move my base note to the
parents conference, or do I have to re-type it? Good idea, thanks.
re .7
I don't know why she keeps insisting she thought it was her ring.
To my knowledge, she doesn't even have any play jewelry, much less
the real stuff. I'm sorry you weren't able to get your stuff back,
and it was a tough break that the kid got caught up in the stealing
routine and ended up arrested. It just breaks my heart to think
of things like that.
BTW, my insurance has a $250 deductible, but I will have to have
a police report and I feel like they might want to talk to the little
girl. Do you think this might do her more harm than good or more
good than harm?? I want her to think that the police are her friends
if she ever gets lost, etc. I don't want to scare her in that way,
but I would like to scare her into (1) telling them where my rings
are, and (2) keep her from doing to again. Any input on this?
Virginia
|
690.9 | | ODIHAM::PHILPOTT_I | Col. Philpott is back in action... | Fri Jul 07 1989 13:02 | 14 |
|
to copy your note
select note 690
at the notes> prompt type EXTRACT NOTE.TXT
open the parenting conference
at the notes> prompt type WRITE NOTE.TXT
I wish you luck, as I have no useful advice to offer...
/. Ian .\
|
690.10 | How to move a note to another conference | WMOIS::B_REINKE | If you are a dreamer, come in.. | Fri Jul 07 1989 13:06 | 33 |
| Virgina,
This is what I would do. Go to your basenote and type extract
/noheader. (The /noheader removes the =wn= conference header.)
You will be prompted for a file name. Name your file anything
that seems reasonable to you...my.txt is good. Then you will
be prompted for a note number. Enter the number of the basenote
690.0.
This creats a file at your DCL ($) level. Go to the DCL level ($)
and edit your text in anyway you find necessary (at the $ prompt
type edit my.txt).
Then go back into notes and open the conference you wish to enter
the note into.
Since this is a new note type write my.txt (or whatever you named
your file). This will enter the text you created at the $ as a new
note. You will be able to edit and then be prompted for a title
just like a note that you write directly into the conference.
You can reply to an existing note with text created outside the
file similarly - the only difference being that you have to be
reading the note you want to enter the text into and you use
reply my.text rather than write.
You can use the same procedure to correct errors in a note that
you entered (deleting the original after extracting it of course).
There are other ways to do this - what I've described is what I
generally use.
Bonnie
|
690.11 | | RAINBO::TARBET | I'm the ERA | Fri Jul 07 1989 13:07 | 17 |
| If her mum told her that "she could be put in jail for stealing", I'll
bet anything you like that that's where the block is. A kid that age
is still foggy on a lot of concepts (such as "private property") but
they're pretty good at understanding stuff such as anger and that if
they admit that they did whatever mommy is mad about they might be sent
away from home as punishment. That'd scare us, too!
To copy a note to another conference, do this while reading the note:
extract/buffer notes$edit
open <conference name>
<go to the place you want to put it>
answer/last <or if you want to make it a basenote, "write/last">
=maggie
|
690.12 | make them search | CGVAX2::MUNROE | | Fri Jul 07 1989 13:10 | 9 |
|
Why don't the parents of the girl do a massive search in their
house, car, girls room etc. There are only so many places that
a little girl could put something like this. Have them check the
clothes (pockets) she was wearing, the laundry hamper etc. Re-tracing
the crime just might help.
Donna
|
690.13 | | MSDOA::MCMULLIN | | Fri Jul 07 1989 13:30 | 15 |
| Re .9, .10, and .11,
Thanks!! I didn't know there were so many ways to do this!!!
Re .12
Donna,
Oh, her mother has already searched her closet, her drawers, her
clothes she had on, the washer, the dryer, under the cushions, in
the truck, etc. I feel pretty certain either she has hid them,
either in the house somewhere, outside, or at the babysitters, or
has given them to another child.
Virginia
|
690.14 | | CADSE::HARDING | Indecision is the key to flexibility | Fri Jul 07 1989 14:13 | 18 |
|
> BTW, my insurance has a $250 deductible, but I will have to have
> a police report and I feel like they might want to talk to the little
> girl. Do you think this might do her more harm than good or more
> good than harm?? I want her to think that the police are her friends
> if she ever gets lost, etc. I don't want to scare her in that way,
> but I would like to scare her into (1) telling them where my rings
> are, and (2) keep her from doing to again. Any input on this?
How close of a friend are these people to you? If you do the above
there's a good chance that they won't be any more and it could scare
her into never telling where she put them. Perhaps a better way to
explain it to her would be to ask her how she would feel if someone
took her "special toy". You may beable to get her to understand.
dave
|
690.15 | | MSDOA::MCMULLIN | | Fri Jul 07 1989 14:30 | 29 |
| re .14
Dave,
I've got to admit, these are semi-close friends. They are a couple
that my husband used to run around with in his younger and wilder
days. He outgrew that way of life, but I don't think they really
have. He ran into the guy about a year ago at a parts store and
they recognized each other after not seeing one another after around
12 or so years. In the year that I have known them, we've been
to their house 3 or 4 times and they've been to our house 3 or 4
and we've been camping together once. I'm not close to them at
all, and I really feel like they would be offended and more than
likely tell me no if I asked if I could talk to their daughter,
alone. To me, the fact that the father did not immediately talk
to her about this when he got home from work shows me that either
he is really not concerned with it, doesn't see the importance in
it, or doesn't think the girl did it. My husband's relationship
with the couple consists mainly of talking about old times, (I don't
think they were close friends in the past, just friends of mutual
friends) or talking to the guy about working on cars, bikes, etc.
Neither of us feels close enough to them to suggest that they try
to discipline her in one way or another. I'm trying to be as nice
about this as I possibly can. If an argument is provoked I may
never get my rings or any compensation for them. I really love
kids, (yes, I eventually want some of my own) and I'd hate to do
anything to traumatize this little girl.
Virginia
|
690.16 | | APEHUB::STHILAIRE | like Alice thru the looking glass | Fri Jul 07 1989 15:05 | 27 |
| Re .0, .5, I have to say that I think you are being too easy on
the little girl and her parents. At this point, why do you even
care if these people stay your friends? If the mother thinks her
daughter took your rings, but she can't find out where they are,
then I think she has a moral obligation to, at least partially,
and in payments if necessary, reimburse you for your financial loss.
If she isn't willing to do this, then if I was in your place, I
wouldn't even want them in my home again. I'd make it clear that
they weren't welcome, in fact.
How well can you trust these people? What's their financial situation?
I hope you at least get your money back through your insurance.
I feel strongly about this because I really love rings, but if I
felt absolutely certain that a kid took any of my rings, I wouldn't
care how much I scared the kid or what happened in her future, I'd
threaten her life if she didn't tell me what she did with them.
(If I could get away with it, I'd gladly murder anybody who ever
took any of my favorite rings!)
(My other feeling is thank god my daughter never did anything like
this. What do you do if your own kid does something you'd want
to kill another kid for doing?!)
Lorna
|
690.17 | | LEZAH::BOBBITT | invictus maneo | Fri Jul 07 1989 15:22 | 18 |
| Why doesn't your husband deal with them, if he's closer to them.
Have him explain how IMPORTANT it is to you that you get the rings
back. And if they still won't cooperate, get the name of the
babysitter, and the name of the teacher of the child's classes,
and the name of the child's friends, and ask the teacher and the
children's parents if they have any idea where the ring could be
(explain the situation, suggest that there is no punishment or
incrimination attached, and that ALL YOU WANT are the rings...NOTHING
else) - offer a reward to anyone who finds them.
If THEY won't go after them, YOU should. And make sure to find
out who the babysitter is, too.....I'm sure she'll understand your
brief and may have overheard the girl talking about them, or seen
her playing with them.
-Jody
|
690.19 | | CADSE::GLIDEWELL | Wow! It's The Abyss! | Fri Jul 07 1989 22:27 | 22 |
| I think Jody's idea is best:
> Why doesn't your husband deal with them, if he's closer to them.
You should *not* talk to the little girl. You are pretty
upset about this -- naturally -- and the child will undoubtedly
sense this and say nothing helpful.
About having a police officer talk to the child. Don't.
If she won't tell mom or dad ... she is hardly going to discuss
this rationally with a police officer. (The kid is six; not an
adult.)
Where are the rings? Judging from my own kidhood and my friends,
I put everything I loved dearly in some type of little box, everything
from a cardboard jewelry store ring-box to a shoe box. If you can
chat the mom up casually about this, ask/suggest she look in the
little boxes. (Also, unless she came to your house with pockets or
a toy purse, she may have dropped them in the car seat.)
Above all, keep the kid calm. The more worried the child,
the smaller the likelyhood for recovery. Good luck.
|
690.20 | | SUPER::HENDRICKS | The only way out is through | Sat Jul 08 1989 23:50 | 25 |
| From my teaching days, I found that kids were the most closed-mouth
when they were afraid of the disapproval of peers.
I wouldn't be at all surprised if she gave them to some of her friends,
and is too ashamed to ask for them back.
It wouldn't surprise me if this is a kid with self-esteem issues
who thinks that "gifts" may buy her friends...?
I think the mother might be able to make a list of friends the girl
had seen since being at your house that day. It might be good to
let the mother talk to those friends directly and privately.
I also would be angry about the father's laid-back attitude towards
this incident. Since the child had one ring, and the others are
missing, I believe that the parents should be responsible for getting
to the bottom of this. As a parent, I would feel very responsible.
Can you sketch pictures of the other rings to help identify them?
Good luck.
Holly
|
690.21 | sterner measures... | LEZAH::BOBBITT | invictus maneo | Mon Jul 10 1989 10:32 | 24 |
| There's an article on children and lying in the most recent "psychology
today". The most pertinent thing it said to this instance is that
children around the age of 6-8 have a great fear of punishment for
lying, so they will seldom admit to a lie (it said a lot of other
things, too, of course).
Embarassedly, I add a personal note. When I was 11 or 12, I "borrowed"
a piece of clothing from my sister, and when it was discovered missing
I totally denied having any knowledge. I stuck to my denial until it
became obvious (as I believe it has become obvious in your case) who
the culprit was. My parents grounded me (except for school, of course)
and took away TV privileges until I revealed where the taken item was.
Believe me, once I knew I was not getting away with anything (it only
took a few hours), and I knew they knew I had taken it without asking,
I returned it. They didn't punish me after that, but the shame
for having upset my sister and my family, and being labeled a "liar"
and ruined a good quantity of trust, did the job even better than
they could have.
The parents must take sterner measures with the child. The more
time passes, the farther the rings could have gone....
-Jody
|
690.22 | | MSDOA::MCMULLIN | | Mon Jul 10 1989 10:35 | 29 |
| Well, Folks, since the parents have not bothered to contact us at
all regarding this matter (since the mother brought my class ring
home), my husband went over to their house on Saturday to see what
was going on. Now, they're saying that they don't think their daughter
stole my rings (yes, I guess my class ring walked over there and
laid down in the kid's bedroom floor). I really don't know what
all was said, but they did call the little girl in the house and
ask her in front of my husband why she got my class ring. This
time she didn't say she thought it was hers, she said she didn't
get it, her little brother did. My husband said the parents did
not say a word to her, they did not ask her why she said one thing
and then changed her story, they sent her back out to play. So,
he asked them what they planned to do about it. The father said
he didn't plan on doing anything about it, as far as he was concerned,
the matter was closed. So, my husband told them he would give them
until today to either come up with my rings or some sort of
compensation or he would call the police. They told him to call
the police, to go next door and call right then if he wanted to
(they don't have a phone). Then, they mother said, "That's not
fair, I brought the class ring home". I think these people are
totally irresponsible; we tried to avoid subjecting their child
to "having the police called on her", but when you get this "I just
don't really give a shit" attitude, what do you do? We called the
police yesterday and made out a report, the detectives are suppose
to go over there today. What makes people act this way? If you're
going to have kids, you've got to be responsible for them. I'll
keep you posted as to what's next.
Virginia
|
690.23 | | NSSG::FEINSMITH | I'm the NRA | Mon Jul 10 1989 10:35 | 8 |
| I may sound cold and heartless, but a six year old thief will probably
grow into an adult thief if she thinks that she can get away with it.
I would still file a police report. You have proof of where one ring
went, and that's something for the police to go on. And I probably
wouldn't let the child in the house again unescorted, and would
definitely keep jewelry out of plain sight.
Eric
|
690.24 | | MSDOA::MCMULLIN | | Mon Jul 10 1989 10:47 | 12 |
| re .23
Eric,
We must have been writing at the same time!! I did file a report
(.22) and I do not plan on having either the child or the parents
to my house again, considering the attitude the parents have taken.
This has definately taught me a lesson; just because it's my house
doesn't mean I can leave things any where I want to (althouth I
should be able to) because you don't ever know who may come over.
Virginia
|
690.25 | | CSC32::CONLON | | Mon Jul 10 1989 12:20 | 26 |
|
It's strange how different parents respond to incidents like
this...
When we lived in Arizona, there was an incident where a group of
6 and 7 year olds broke into a YMCA that was right next door to
their apartment complex. They didn't steal anything. It was a
very hot day, and they wanted to use the soda pop machine, but
the Y was closed for a holiday (so the kids jimmied the lock
open, put their money into the machine, took their soda pop
and left.)
When the first parent discovered what happened, he called the
police himself to report it (and the police went to talk to the
parents and all the kids involved.)
The kids weren't charged with anything, but it was important for
them all to know that what they did was wrong (and why.) The
parent who reported them (including his own 6 year old) did the
right thing.
It's too bad that the parents of the child mentioned in this
note don't have the same sense of what a huge message she is
getting from their response to this situation.
I hope the rings can be recovered! Good luck!
|
690.26 | | NSSG::FEINSMITH | I'm the NRA | Mon Jul 10 1989 14:58 | 7 |
| In the 11 years I was a police officer in NYS, I say this very attitude
in parents all too often. I remember one incident where we brought home
a drunk 14 year old girl at 2 AM, only to have the parents complain why
the cops were harassing their daughter. Its a sad world out there to
bring children into.
Eric
|
690.27 | | MSDOA::MCMULLIN | | Tue Jul 11 1989 10:54 | 13 |
| I'm so mad, I could scream. I just spoke to the police detective
that my police report was turned in to. They're not even going
to go over there and talk to the parents or the child. He said
the typical "we don't have enough man power to follow up on every
larceny case we receive". They will make a report that it was a
theft, but not do anything about it, because since they returned
the one ring, they felt that the parents were acting in good faith
by returning it. I mean, it would possibly be different if I told
them we had 50 people at our house that day and I wanted them to
question each and everyone of them; but I gave them the people's
name and address!! This just seems so unfair to me!!
Virginia
|
690.28 | | RAINBO::TARBET | I'm the ERA | Tue Jul 11 1989 13:24 | 7 |
| A good escalation is often a call to the mayor's office...or even a
newspaper. In both cases the subject should be the police and their
inability (let unwillingness be inferred, otherwise you'll get them
pissed at you too) to even act when facts are given and the case is
straightforward.
=maggie
|
690.29 | | DASXPS::SLADE | | Tue Jul 11 1989 17:40 | 12 |
| Another alternative to activate the police is a letter to the
board of Selectmen and the Chief of Police. They have evidence
staring them straight in the face, I don't know if your police
department has a juvenile division but they should be handling it
if so. Time is running though and swift action must be taken.
These "friends" don't seem too concerned so I wouldn't be too concerned
about their welfare. My fiancee lost her diamond from the setting
in a horse riding arena (dirt), she was devastated but we found
it do to quick action and a lot of luck.
Do what you must at their expense.
|
690.30 | A little calmer, now!! | MSDOA::MCMULLIN | | Tue Jul 11 1989 18:18 | 15 |
| Well, I have talked to my husband since I wrote my note this morning
about the police not doing anything. He seems to think that it
may be best that they did not talk to them because if they had said
the kid flushed them down or toilet or put them down the drain in
the sink at OUR house, the insurance company may not have paid off
because they only cover theft or fire for my jewelry. True, even
though they won't be "replaced" EVER, at least I am getting some
compensation out of it this way. HOPEFULLY the insurance won't
screw me up now. I want to just beat people that act this way and
take their children away from them because they're not doing the
children a bit of good raising them the way they are. I've always
been a firm believer in what goes around comes around, so they'll
get their's someday.
Virginia
|
690.32 | | NSSG::FEINSMITH | I'm the NRA | Wed Jul 12 1989 15:34 | 10 |
| A recent family incident kind of brings this to a head. For my son's
birthday, his grandparents (wife's family) were visiting with my niece.
When it was time to leave, she removed some items from their hotel room
and then asked my son why he didn't take some. My inlaws said that he
can't because he would get in trouble with his father if he took
something. So according to them, stealing is ok unless your parents say
its wrong and you'll get in trouble. At least my son knows that
stealing is wrong under ANY circumstances.
Eric
|
690.33 | | LASHAM::PHILPOTT_I | Col. Philpott is back in action... | Thu Jul 13 1989 11:39 | 10 |
|
re .30: Theft is the act of depriving an owner of the possesion
or use of their property.
If a child or anybody else takes your property from your control
and disposes of it, even by flushing it down the toilet in your
home, they have still stolen it, and as such your insuyrance is
liable to reimburse you for the loss.
/. Ian .\
|
690.34 | Thanks | MSDOA::MCMULLIN | | Thu Jul 13 1989 12:34 | 6 |
| re .33
Thanks for that info, Ian. We weren't aware that the insurance
co. had to look at it that way.
Virginia
|
690.35 | If all else fails, sue. | GIAMEM::J_AMBERSON | | Thu Jul 13 1989 15:08 | 4 |
| I would think that you would have a great case for small claims
court.
Jeff
|
690.36 | But... | MSDOA::MCMULLIN | | Thu Jul 13 1989 16:50 | 7 |
| re .35
Jeff,
Even if my insurance pays off?
Virginia
|
690.37 | Law gets complicated fast | JAMMER::JACK | Marty Jack | Thu Jul 13 1989 17:54 | 10 |
| If your insurance company pays off, they can recover against the person
who stole the rings; you can't recover both the rings and their value.
I would most definitely talk to a lawyer if you're thinking of suing.
There are some areas in which you need to understand the law and the
probability of winning before you start. Trying to sue the parents for
the child's action, for one thing, and there may be a problem with
proof -- you have only circumstantial evidence.
The above is not legal advice -- I am not an attorney.
|
690.38 | | GIAMEM::J_AMBERSON | | Mon Jul 17 1989 14:37 | 16 |
| I would rather restituition from the parents through legal action
verses then through insurance. Insurance companys have a habit
of increasing your deductable once you file a claim. Our house
was burglarized last year, we filed a claim and collected. However
two months later our deductable went up.
I would imagine that you would have a good case against the family.
They have already admitted taking one ring. You stated all the
rings were together before they were found to be missing. The natural
deduction would be that whomever took the one ring, took them all.
Talking to a lawyer would be a good idea in order to find out what
your chances are.
Good luck
Jeff
|
690.39 | | MSDOA::MCMULLIN | | Mon Jul 17 1989 17:10 | 10 |
| re .38
Jeff,
I have spoken to an attorney and she said that since the police
felt like the parents returned the one ring "in good faith" that
the judge probably would, too. I feel like the police, attorneys,
and judges are all in together.
Virginia
|
690.40 | | SSDEVO::CHAMPION | Dancin' in the ruins | Tue Jul 18 1989 19:38 | 7 |
| Even though the ring returned "in good faith" was, in all likelyhood,
the least expensive one?
What a disgusting situation. I say call another lawyer.
Carol
|
690.41 | | GIAMEM::J_AMBERSON | | Wed Jul 19 1989 12:19 | 9 |
| I believe that you can represent yourself in small claims court.
Alot of attorneys would try to disuade you from persuing a case
such as this because of the low monetary value. If it were me,
based on what you have said, I would file in small claims and represent
myself. It may cost you a days pay, but you have at least tried.
Good luck
Jeff
|
690.42 | | CSSEDB::M_DAVIS | Eat dessert first;life is uncertain. | Sat Aug 12 1989 08:21 | 1 |
| any update on this sad story?
|
690.43 | | LASHAM::PHILPOTT_I | Col. Philpott is back in action... | Mon Aug 14 1989 06:38 | 37 |
|
Bear in mind that I know considerably more about British law than
US law, and though I studied law at University I am not qualified...
'Theft' is a common law crime (as opposed to the various felony
theft and larceny crimes that are criminal matters), and as such
is essentially the same in Britain and America. In British law you
have a curious situation that if the offender is prosecuted for
the theft in criminal court you may not be able to recover the loss
in civil court. Indeed that might in fact be true of an American
court also. In any event you may be able to recover more in an action
for negligence against the parent than suing the child for theft.
However there is a peculiarity here. I posed this case as a curio
to a relative of mine who practices at the British bar, and this
is his reply (heavily paraphrased)...
You cannot recover civil damages because of the theft itself, that
is a matter for the insurance process. However it is apparent that the
theft was committed by a minor whose custodial guardian was present at
the time. That guardian has a duty of care to control their child at
all times, and a probable realisation that the child is of an age and
inclination to take and keep things which do not belong to them (a
'magpie instinct'). You might not be able to sue the thief (a minor
child in any event), but you could sue the guardian for negligence in
that they didn't control and monitor the child and that as a result
you suffered loss which was not unreasonable for the guardian to
foresee. Hence you could sue in small claims court either for the
total loss, [including medical damages for the emotional discomfort
suffered and even possibly (though unlikely) punitive damages], or
you could claim on your insurance and then sue in the small claims
court for your deductible, plus increases in your premium and
deductible in future (say for 5 years) that result from the claim.
/. Ian .\
|
690.44 | | MSDOA::MCMULLIN | | Tue Aug 15 1989 11:07 | 23 |
| Ian,
Thanks for that bit of info. We have seriously thought of going
to court with this, but I don't know if I want to take the time
off work to go to court (we've just recently gone through this process
with my husband's former employer who wrote my husband a month's
worth of bad checks). My insurance did replace the rings (no, not
the sentimental value) and I did get my class ring back (the one
to me that could never be replaced). We have not seen these people
any more, although they only live two blocks away, and to me if
I had not taken the rings or thought my kid had taken them, I would
be trying to find out if the people they had belonged to had found
them. It just makes them look even more guilty to me. The monetary
value of the rings wasn't that great, just the sentimental value
and there is no way to replace that. I could go to court and try
to get reimbursed for the deductible but I wouldn't get paid for
being off work (I'm not full time) and I think it would be more
of a hassle than it would be worth.
Thanks for all the notes of advice and all the support and caring
I have received.
Virginia
|
690.45 | Shake the tree. | CDTAPE::HASKELL | ex-VTX | Tue Aug 29 1989 19:08 | 21 |
| There is another advantage to writing to the mayor, writing to the
police chief, threatening to sue, and actually suing. To take the
cynical view: it is the nuisance value. The parents will once
again be reminded of this incident. If you go to court, they too
will have to go to court. If nothing else, the thought of paying
an attorney may cause them to fork over some compensation or better
yet put more pressure on the child to 'fess up. He will also lose
a days work in going to court. It sounds doubtful that he or she
runs a business but if they do a letter in the local newspaper
(ostensibly questioning the attitude of the police in this case)
may raise the spectre of customers avoiding the store because of
this controversy. Obviously if he and/or she is a wage-earner than
there is less leverage but even then if it is a local employer
especially if his or her job causes them to deal with the public
you may have some leverage. Shake the tree, you may be surprised
at what drops out.
Additional thought: this may not be the first time this has occurred.
Other neighbors may have had a similar experience. A little publicity
could get some sort of community action rolling. Happy thought:
a friend of the child spills all the beans.
|
690.46 | Make sure to see an American lawyer... | JAMMER::JACK | Marty Jack | Fri Sep 01 1989 14:46 | 2 |
| I believe .43 eloquently points out how different the British and
American legal systems have evolved to be.
|
690.47 | Another possibility? | ATSE::BLOCK | Listen to them bits fly! | Mon Sep 11 1989 19:03 | 26 |
|
After reading through all of this topic, it occurs to me that the
6-year-old is being accused of taking these rings on the word of
her mother. I can see a potential alternate scenario. I'm *NOT*
accusing anyone of anything; just pointing out that you don't really
*know* a lot about what happened:
The mother sees a pile of rings. Looks like a few bucks' worth.
So, she picks them up. Finding that the class ring was unsellable,
she returns it with some lame story about the girl having picked it
up.
One thing I learned sitting on a grand jury is that most criminals
are stupid; they don't think things through. Of course returning
your class ring would make you expect the rest to be found! But
you have no proof. The 6-year-old may have taken the rings; on
the other hand, maybe she was told to say her brother found them
(since the parents didn't remember what happened in the first place).
In short, I wouldn't necessarily blame the child; she may have had
nothing to do with it, and if she did, it's still her parents'
fault for not handling it better. However, I don't think you have
much of a chance in court...
Beverly
|
690.48 | | MSDOA::MCMULLIN | | Tue Sep 19 1989 11:16 | 14 |
| re .47
Beverly,
That's exactly what we thought when it was suggested that we try to
take them to court. I guess the worst part of it is that we saw them
at a public social event Saturday night and since they both appeared
extremely intoxicated, we decided to leave because they are both
quite loud and boisterous when drinking and we didn't want a scene
(probably would have ended up a fight). It's hard to turn around and
walk away, especially when we had just as much right to be there as
they did. How else can you handle a situation like this?
Virginia
|