Restitution responsibilities question

[sandiegomom]

My son was present at an incident this last year. 3 boys were charged with felonies, all handled differently. 1 of the boys had a can of spray paint (not mine) and spray painted a mans work truck. My son and another boy were with him, but left when he decided to spray paint. The neighbor saw all of the boys and came after them even though mine was already more than 1/4 mile away walking.

Long story short, the other two boys were charged with felonies and were charged with other things.My son was able to jump thru hoops (classes, community service, etc) to have his case dismissed as well as 6 months informal probation. HOWEVER since his sentencing was less and his probation informal and only 6 months, they are wanting US to pay the restitution.
The total is 800.00 and we have to pay it by mid Oct for my sons charges to be dismissed and released from probation. The other boys do not come up for review until Jan 2011. So they aren't being held accountable as we are for the restitution.

The law says that we are all equally liabel yet the other parent apparently know that we have to pay it by mid Oct or my sons terms of probation change and I will have a judgement on my credit.

My question is, since I have to pay all and not just the 1/3 I was hoping to pay, I would like to sue these other parties for their 1/3. The Judge did mention that this was an option. But I know the minors names and addresses, but not the parents. Can I sue the minor and the parents be responsible? Or do I have to know their names? I can't figure out what the correct way to do this is.

I believe each should pay their 1/3 in a perfect world, the boy who did it should pay all. The other 2 boys (my son and his friend) have never been in trouble, witness pointed out the boy he saw do it. Other kids present said it was not my son and his friend, yet we are having to pay and the boy who did it and has been caught for the same offense two times since, pays nothing.

 

[army judge]

The boys are being held jointly and severally liable for their actions. As they did this together, they acted conspiratorially.

The victim can sue A, B, or C. In this case, the victim has chosen to sue only C, your son.


Once you've paid the $800, you van sue A and B. But, the suit must be brought against the parents of A and B, not the minors. Minors are legal incompetents, and as such can't be syed, because they have no standing or rights. Their rights and standing are through and by their parents.

Therefore, you'll have to endeavor to get the names of at least one parent for each child. Ideally, if the parents were never married or divorced, the custodial parent. If the parents are married, either one is okay (mom or dad). You can sue them each for 1/3 of the $800 you plan to pay.

A process server can get that information, as you prepare your lawsuit. It might be available in police records or through the school. The victim may also have the information you need.

Or, the victim discovered they're deadbeats and scavengers. That could be why he's chosen to come after you alone.

I hope you understand, that some people aren't as responsible as you are. They care nothing about judgments. Thus, you could go through the motions and expense of a small claim action to no avail. They just might not pay in the end!

 

[CdwJava]

AJ, this sounds like restitution as sought through Probation and no a civil suit by the victim against one of the defendants. For the defendant to be released from that probation, restitution will have to be paid. Since it appears they did not apportion restitution between the parties, it seems the full amount must be paid. This is not all that uncommon out here.

As for the small claims suit for payment from the other two parties, the police won't be of any help as they are statutorily prohibited from releasing even the NAMES of the juveniles - much less their parents' information. I would think that the OP's son (the co-conspirator) should be able to get that info through his friends. if he knows where they live, a simple public records search or even one of a half dozen public (and free) online search engines should be able to confirm the names of one or more parents.

 

[army judge]

AJ, this sounds like restitution as sought through Probation and no a civil suit by the victim against one of the defendants. For the defendant to be released from that probation, restitution will have to be paid. Since it appears they did not apportion restitution between the parties, it seems the full amount must be paid. This is not all that uncommon out here.

As for the small claims suit for payment from the other two parties, the police won't be of any help as they are statutorily prohibited from releasing even the NAMES of the juveniles - much less their parents' information. I would think that the OP's son (the co-conspirator) should be able to get that info through his friends. if he knows where they live, a simple public records search or even one of a half dozen public (and free) online search engines should be able to confirm the names of one or more parents.

Oh, I agree, CDW.

However, the compensation paid by OP, might be allowed to be apportioned by all three wrongdoers.

If I were sitting, I'd allow it under equity.

The other two wrongdoers can't be made to compensate the victim, after the OP has done it.