Parents Legally Responsible For Minor Child?

[tommyboy21]

Two kids across the street from me threw rocks at my car. The damage was $1,000. My father witnessed the two suspects. Police went over and the kids and mother denied involvement. I sent them two estimates and their mother said she would talk it over with their father. I spoke with the mother today and she said she can't afford to pay for the damage. She said she could maybe pay $50/month but doubts it. She told me that if I take her to court, parents aren't legally and financially responsible for minors in Illinois. Is this true? What are my chances of winning this case? I live in Illinois.

 

[irish223]

Uh-huh, where did she go to law school? She's full of it.

Here's the IL statute that outlines the parent's liability:

(740 ILCS 115/3)(from Ch. 70, par. 53)
****Sec. 3. Liability. The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such minor which cause injury to a person or property, including damages caused by a minor who has been adjudicated a delinquent for violating Section 21?1.3 of the Criminal Code of 1961. Reasonable attorney's fees may be awarded to any plaintiff in any action under this Act. If the plaintiff is a governmental unit, reasonable attorney's fees may be awarded up to $15,000.
****The changes to this Section made by this amendatory Act of the 95th General Assembly apply to causes of action accruing on or after its effective date.
(Source: P.A. 95?914, eff. 1?1?09.)

Let her know that if she refuses to pay, you will retain an attorney and request that she also pay your attorney's fees as provided by the statute.



http://www.ilga.gov/legislation/ilc...BILITIES&ActName=Parental+Responsibility+Law.