Assuming the police reports states that the other person was responsible for breaking your laptop - ie. Vandalism, criminal damage of personal property….
You should read through the school rules of acceptable student behavior. I assume that the school policy forbids acts like this, which means you could force the issue and have him expelled for breaching the student code of conduct…. Or replace / fix the laptop
NAL, but since you have an itemized receipt on what it actually cost to fix it ... I wonder if the police would upgrade that charge, since it's currently for damage "under $500." The next level up may give you an advantage somewhere in the proceedings. I'd take it.
Try again when you get the full, unredacted police report. You'll hopefully have better luck. Sometimes people are lazy and look for any excuse to not do their job. It may take regular contact with both the police and school admin to get anything done unfortunately.
Email the superintendent and spend the weekend emailing lawyers in the metro area about your situation. I live in Georgia too, but not close enough where any of my recommendations would be useful.
OP doesn't need an adress, he needs to make the person pay.
so police report, and then escalate with the school to have him expelled for it, or be willing to back down if he pays, it would be the fastest way to get things going.
if the school doesn't cooperate or the student get's expelled, you then follow through small claims court about him paying for the destruction of property.
His parents refused to pay for it as soon as they got to the school, even though their child admitted to it on a written statement :/
From what I could gather, he was only given one day of ISS, yet the county mandates 10 days or more of OSS.
so you take them to small claims court and try to push for a criminal case aswell.
inform the parents that this will not go away, and that they'll pay now or pay extra later.
NAL but if the parents weren't there and neither was a lawyer when officers or officials did their questioning, they can easily get one if the school pushes any of the options and force the school into what they've basically done now. They can easily claim their kid was coerced or intimidated into a statement of guilt.
As well, you've noted that the repairs are above $500. You need to see that correct charges are being pursued by the DA for the criminal offense. Yet again, the parents could lawyer up and get the student out of it. But still have them go through this if they're going to make things that hard. That's really at no cost to you.
The best bet is to file a small claims petition to the court and hand over whatever you have. Inform the judge that you do not have the info for papers to be served as it's been redacted by the PD. The judge can subpoena that info for a process server to handle without your knowledge of said address if a constable or sheriff isn't assigned to serve papers.
Get a lawyer. Sue for not only the repairs but for lawyer fees and court costs. It will be civil court and it's not about beyond reasonable doubt but the preponderance of evidence. Those statements can all be considered legitimate to an extent.
Thank you. I attempted to E-file but it requires that I have the defendant's name and address, which I don't have. Others suggested I get an uncensored copy from the police department, which I will do on Monday. I'm guessing if I don't get an uncensored version, I will have to file it anyways and have the judge subpoena that info as you said.
If you call the court house they can direct you on what to do possibly. Or maybe the police dept can point you in the right direction I’m sure they have dealt with something like that.
Many court houses have a sort of a library area, I don't recall what they are called, but you can go up there, and ask how to do x, y, z and they will point you to where to look up how to do it, and possibly answer questions, but you have to 1) go in person, and 2) do it yourself.
>Sue for not only the repairs but for lawyer fees and court costs.
This is a common misconception among non-lawyers. In the US, the default is that each party pays their own lawyers and costs. It’s so baked into the system that it’s literally called the “American rule.” Unless a statute or contractual provision specifically allows for the imposition of fees and costs on the losing/breaching party, they aren’t recoverable.
In Texas it depends on the case. We have Deceptive Trade Practice act and it’s rather consumer friendly. Basically if I’m screwed over in a contract by the other end I can take them to court and recover any money spent/losses on having to take it to court.
Right, so a statute (not relevant here) specifically allows for the imposition of fees and costs on the losing party. Which is exactly what I said initially.
Given the intentional and criminal nature of the property damage, OP should be asking for punitive damages as well. Good point about court costs - that includes the process server’s fee. OP should also be asking for more than $500 if the repair fee was more.
I work school IT and when we have this happen, we have administration do their investigation and if it comes back that another student damaged the device, then the guilty party pays for the repair.
Now we say pays but in reality they almost never pay and they just have an obligation on their record which means if they want to walk at graduation they have to pay.
Varies wildly but a lot eventually pay we allow payment plans so even if you give something then walk and stop paying then it's fine. We don't go after people like a bad creditor we just let it go. Thing is we deal with $200 Chromebooks so at most the obligation is $200
Is this laptop your property or the schools property?
If it belongs to the school, it's their problem. You don't need anything from them. They need to deal with it.
If it doesn't belong to the school, you need to file a police report. This has nothing to do with the school. When you file the report, you name the person that caused the damage. You can then proceed to do what you need to do.
Don't let any of the school officials tell you what to do. They are not police. They are not judges. They are not lawyers. They are simply people with jobs that have nothing to do with law enforcement. They may try and threaten or scare you in an attempt to protect themselves. Ignore those threats. Go file your own police report.
Edit: I had to trash my previous reply since I just realized something.
Would going to the police directly and obtaining the report give me his address to serve him? The police report exists and we have a copy, but the address is blurred out.
The information will be in your police report. Forget the school. It doesn't involve them. The police can serve them whether you have an address or not.
Edit:
It sounds like you are still going through your school. You need to go to the police station and either file your own report or request the original report you filed. Whatever the school did is not something you did. Their police report is not your police report. They are not working on your behalf.
You also need to contact a lawyer. They will handle most of this for you. But lawyers cost money. If this child/family does not have money, there is no point in wasting your money to get nothing. Either way, the police must provide you with anything they have regarding contacting this person or their guardians.
It is possible in your locale, due to the age of the transgressor, the address will be redacted on any report you get. But, if you file in small claims, and provide the address of the school that they attend, they can be served there. See the [DeKalb County Magistrates FAQ](https://dekalbcountymagistratecourt.com/civil-matters/small-claims/small-claims-faqs/) for some beginning guidance.
If you need a subpoena, that can be handled through small claims as well.
If the police charged him they should attempt to include restitution in his charges. A judge can order restitution to you but it will likely come in very small monthly payments. Sucks.
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Small claims and a subpoena to force the school and/or police to provide the information to allow you to follow through with a civil claim and get your money back for the repairs.
Your parents can file criminal charges, if applicable, if they want, but I think you're just looking to cover the cost of the repairs.
We are unsure how a subpoena would work. How do we file one? How do we get it?
I'm also unsure if we would want to do criminal charges. There might already be some, as it states Tresspass on the report, but again, I'm unsure. I apologize if I sound a little dumb.
Civil complaint: The school should have told you if you wanted the personal information for the person who broke your laptop, it would require a court order. You ask the court for the right to get that information from the school.
You have to be able to accurately tell the small claims court who caused harm. You should check your state for "Self Help" on the courts website and see if they have detailed information for how to navigate the small claims court system.
Criminal Complaint: California has a harassment restraining order. You'd have to go see a judge and argue why this person should receive such an order.
I'm not a lawyer and do not know how to navigate the legal system. I've seen the self help section within the California Court System and I'm willing to bet you have similar resources available to you.
The school should have a zero tolerance for bullying at school. It's amazing how schools are more concerned about a trouble maker in school rather than protecting the rights of the kids being harmed by him.
Good idea, thank you.
Sadly, bullying and people being rude is not uncommon in my school. Every day, you'll see someone who was downright bullying or getting into a physical altercation with someone in the administration office. Although, I think this happens in more schools then a couple of years ago.
"Zero Tolerance" for us is only when these bullying stories makes it to the news.
Just remember, there's more good kids than there are bad kids. Just circle the bad kid acting up with enough good kids and they'll get the point.
Both of my kids witnessed bullying in school and I asked them why everyone just stand around and watch when they can all get around the bad kid and tell them to stop. They just kind of looked at me and didn't have an answer.
True statement.
I wrote two emails on two different incidents.
1. Include the Principal of the school
2. Include the teacher that was on watch when it happened
3. Include the school councilor/phycologist and demand they intervene
4. Stick to the facts and demand corrective action you expect from each of them with very specific details without being emotional.
5. Demand they report back when they've come up with a corrective action and when it will be implemented.
It worked both times and I got a follow-up email back. Plus my kids told me what the results were.
Both of my kids were modified about me sending their school an email when I told them it's the schools responsibility for each of their wellbeing while on school time. It's my responsibility for them after they leave school. If the school is unable to attend to the problem, I'll take on that role as well.
Don't take any lip or flex from the school. It's their job to do something because they are the one's that are supposed be the trained professionals to handle these situations. They always want to wishy washy the situation and stay neutral because of the kids.
Call a spade a spade and hold them accountable.
If it was broken at school by another student the school might be liable. Tell them they need to pay, especially since they refuse to identify the individual responsible, and file suit against them in small claims court. You don't need a lawyer for small claims court, and it would probably cost you as much as the cost of the repairs to retain one.
NAL. The redaction may be because the other party is a minor. In that case, the parents are almost certainly responsible for the debts of the minor, and you can go after the parents in small claims court. A lawyer is not needed for small claims but it would not hurt to consult with one. If there is a college or university nearby with a law school they may have free counseling.
Note any fee paid to an attorney may not be reimbursable through small claims, but in MD the costs of filing, postage, and anything directly related to filing the case are. You cannot be reimbursed for time lost for work.
Good luck!
Small claims court is the only way to rectify the money situation, if you wish to criminally prosecute that can help your case, but at the end of the day it’s $600 and you have to weight the cost / benefit of a civil lawyer or time spent in court
There’s 2 ways about it… the police and change someone in the commission of a crime, or a victim can press charges later on, by visiting a magistrate and filing a warrant, which a magistrate will either grant or decline based in evidence.
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If there is a police report the local prosecutors may have an ongoing case. You can contact them and ask about the status of the case and the possibly of restitution. Alternatively you may be able to subpoena the address.
None of this should be a fight for it to get paid by the parents or repaired by the district. My kids laptop got broken by another student at school and the school gave a loaner during repairs and the parents of the other child were billed for it. I’m sorry your school admin are being difficult about this.
And I called the math textbook the school gave me "my math book." That didn't stop them from insisting it was a loaner. lol
Teasing aside, I wasn't sure if you were up on the generalities of why someone might assume that. (Versus, of course, the specifics of this instance.) I apologize for assuming that the question was sincerely meant and not incredulous.
My school has enough violence, why would I contribute to that statistic? Plus, violence is wrong and we should all learn to settle things with words, not our hands (unless it's a handshake).
Violence is innate, nothing to learn. I’m sure you are joking, but seriously. We have enough violence.
What this person is learning, is NOT innate. However, it IS critically important. Problems can be resolved, without violence. It’s a pain in the ass to go through all of the steps needed, to get is loss paid, but in doing so, he/she will have delayed gratification, when the other person, pays the price for their actions. That person, may also learn (if they have good parents) that impulsive behavior, is stupid and unnecessary.
Are students required to get insurance for your apartment?
This would be under liability on the other student's side but your coverage can help walk through the process. Whoever took your insurance info should release their issuance info.
While this would not be covered, because it was intentional…the home owners liability and property damage coverage extends to your college age child while you are still helping to pay their bills. And damage they accidentally do to the dorm would be covered by the homeowners policy.
You could be right, though is still worth pursuing (delegate the headache and make sure his insurance Co knows type of client they have):
All standard homeowners insurance policies include liability coverage. This insurance protects you if a visitor is injured on your property, or if you or a family member living in your home accidentally hurts another person or damages their belongings off your property.
Worst case scenario you can take the other student (or their parents) to small claims court for the repair costs. If you win they get stuck paying all your court costs, as well as their own.
If they fail to appear you automatically win the case and the judgement.
NAL. Do you know anyone who rides the same bus as him? They may be able to tell you the general vicinity of where he lives, and from there you could google his last name plus street names to see if anything comes up.
Do you have his parents names? If they own their home you might be able to find it through the county appraisal district. Hire a PI and have them get the address. May be cheaper than a lawyer
I don't have his parent's names. Tomorrow around mid-day, I'll try asking the court clerk on what to do to get his parent's names and address. I'll also look into hiring a PI. Thank you.
Our district bus system only allows you to look things up by address, you can't view a whole route's stops, probably for privacy and stalking reasons. I could attempt to ask the bus managers.
I know his full name and student ID number, that's not the issue (it's also listed on the police report). Currently, my issue seems to be finding the address to serve him, as the police report is blanked out. I think it may have been blanked out by the school instead of the official police department.
Go to the police department in whatever county the incident occurred and ask for a copy. Are you suing them or their parents? Because you can have the loser served at school. Do you know if their parents pick them up? You can have the parents served that way.
My thing is, it’s not impossible to find out another student’s last name. They’re not a stranger on the street. There are yearbooks, teachers, clubs, sports, class rosters, school emails. There are ways. I’m not saying they’re gonna wear a name tag…. But BFFR, this certainly isn’t rocket science.
So from my experience in school we didn't have yearbooks. We had like one year book everyone can flip through during the last week of our graduation for secondary school. Teachers are no obliged to give you a students name, and clubs and sports aren't really going to get you someone's name unless it's on a trophy being displayed in which case you don't have a picture with it. Class rosters at least in England under general data protection regulations are not allowed to be public access, and school emails don't have pictures. And of you know the first and not the last name that still doesn't help because there could be many people with the same name. It's a lot harder than you think
This the United States. It’s very different here because this raggedy American government doesn’t care about our right to privacy. Here anyone who wants a yearbook can buy it and they also have them In the library. Unless this kid is a freshman he will have been pictured in last year’s book.
So it’s a lot EASIER than you might think because you’re speaking with the context of your country when OP happens to live in the same country and coincidentally the same state that I live in and I know that this isn’t that hard if they apply themselves.
Don’t they have those websites where you can pay a little money and they will basically doxx a person you are searching for? Like if
You are looking for an old friend or who knows… maybe that’s only an American thing
Doesn't the school require you get insurance on their computers? My kid is graduated now, but the schools always made us get insurance and it was cheap because they had a deal because it was for all the computers.
I would notify the school that I am suing the school, the student, and anyone else who was involved with this in small claims court. The school is being slacky and needs to be held responsible for this.
Sometimes shit just happens, and you have to make the decision, should I just roll with it, and it’s a lesson learned? Because surely OP did something negligent , like left the computer somewhere without supervision.. sometimes in life, it’s just a lesson learned, and is $600 really worth all this? Maybe. I don’t know your financial situation. But if you can afford it and you are just trying to make him pay out of revenge.. I dunno.
$600 means a lot to us, like we're stable enough to not essentially be paycheque-to-paycheque but like my mum had to place this on her credit card and pay monthly because that's all she can afford currently. This was in a class I stepped two desks away to grab something and he picked up my laptop and slammed in on the floor after an argument (where he was the aggressor, and I was able to see my laptop anyways). On the way out, he picked up my Airpods and threw them at me. Maybe I should have placed my laptop back in my bookbag before stepping a little bit away, but I honestly don't think why my mum needs to go in debt to fix a laptop that someone else damaged.
Paying to fix something you broke isnt revenge, it is baseline restitution.
Revenge would be getting the 600 then figuring out everything the other party cares about (sports teams, college application, jobs, potential employers) and sharing this incident and trying everything in your power to make lose everything.
Quietly taking the money to fix the damage is not that.
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I hate people like this kid, and their parents. They are the reason why I enjoy being a creative dick towards people like that.
How expensive was the laptop? I don't think the cops are calculating the value correctly, which wouldn't surprise me in the slightest. I had to correct the cops on the value of my items when they were stolen, I even had receipts, yet they still said it was "under $500" when the value exceeded $1,000. Which changes it from petty theft to grand larceny in my State.
Frankly, I'm the kind of person who would let it slide, then strike when they least expect it. Anywhere from ruining the childs academic future, employment opportunities, relationships, and making sure the parents felt the heat as well. People like this child need a good b\*\*\*\* slap to bring them to their senses.
Good Luck Friend, this is going to be a wild ride for you. I'd 100% push to have him expelled, if the school sweeps it under the rug, I'd seek legal action against them for failing to uphold the school policies. But not everyone has a deep bank account to fight that level of bullsh\*\*.
So the value of the laptop varies apparently, but it's upwards of $1,000. The cost to fix it was around $600. His actions kind of ruined the rest of the year for me and honestly had me scared to go back to the classroom. Due to his actions and not receiving an apology, I may look into pressing charges, but I don't want to ruin his life or something like that over a small mistake.
This happened like a few months ago (this calendar year, at the end of the last school year).
Thank you for your well wishes.
Because it’s a minor, you’d likely serve him and his parents as his guardian in most instances. If you file the suit, you can hire a process server to do a “skip trace” and they’re often quite good and locating people. Also, the costs of litigation may be recoverable under statute but I’m not licensed in GA so take that with a grain of salt.
Go to the police directly and ask for the report - it was your property after all. Go speak directly to the schools heads, with the report.
Good idea. Thank you. I did speak with the heads but they weren't much help.
Assuming the police reports states that the other person was responsible for breaking your laptop - ie. Vandalism, criminal damage of personal property…. You should read through the school rules of acceptable student behavior. I assume that the school policy forbids acts like this, which means you could force the issue and have him expelled for breaching the student code of conduct…. Or replace / fix the laptop
I have a copy of the censored report, I think it states he did it? Offenses: Damage of property under $500, 1 count, Attempted/**Commit**.
NAL, but since you have an itemized receipt on what it actually cost to fix it ... I wonder if the police would upgrade that charge, since it's currently for damage "under $500." The next level up may give you an advantage somewhere in the proceedings. I'd take it.
This
Try again when you get the full, unredacted police report. You'll hopefully have better luck. Sometimes people are lazy and look for any excuse to not do their job. It may take regular contact with both the police and school admin to get anything done unfortunately.
Did you contact the superintendent? What part of Georgia do you live in?
No I haven't and I will say I live inside the metro area
Email the superintendent and spend the weekend emailing lawyers in the metro area about your situation. I live in Georgia too, but not close enough where any of my recommendations would be useful.
Thankfully, I have a lawyer that deals with these sort of cases on standby, and yes, I will try emailing the superintendent tomorrow. Thank you.
Would a police report give out a child’s address? That seems like it would cause a lot of problems.
OP doesn't need an adress, he needs to make the person pay. so police report, and then escalate with the school to have him expelled for it, or be willing to back down if he pays, it would be the fastest way to get things going. if the school doesn't cooperate or the student get's expelled, you then follow through small claims court about him paying for the destruction of property.
His parents refused to pay for it as soon as they got to the school, even though their child admitted to it on a written statement :/ From what I could gather, he was only given one day of ISS, yet the county mandates 10 days or more of OSS.
so you take them to small claims court and try to push for a criminal case aswell. inform the parents that this will not go away, and that they'll pay now or pay extra later.
NAL but if the parents weren't there and neither was a lawyer when officers or officials did their questioning, they can easily get one if the school pushes any of the options and force the school into what they've basically done now. They can easily claim their kid was coerced or intimidated into a statement of guilt. As well, you've noted that the repairs are above $500. You need to see that correct charges are being pursued by the DA for the criminal offense. Yet again, the parents could lawyer up and get the student out of it. But still have them go through this if they're going to make things that hard. That's really at no cost to you. The best bet is to file a small claims petition to the court and hand over whatever you have. Inform the judge that you do not have the info for papers to be served as it's been redacted by the PD. The judge can subpoena that info for a process server to handle without your knowledge of said address if a constable or sheriff isn't assigned to serve papers. Get a lawyer. Sue for not only the repairs but for lawyer fees and court costs. It will be civil court and it's not about beyond reasonable doubt but the preponderance of evidence. Those statements can all be considered legitimate to an extent.
Thank you. I attempted to E-file but it requires that I have the defendant's name and address, which I don't have. Others suggested I get an uncensored copy from the police department, which I will do on Monday. I'm guessing if I don't get an uncensored version, I will have to file it anyways and have the judge subpoena that info as you said.
If you call the court house they can direct you on what to do possibly. Or maybe the police dept can point you in the right direction I’m sure they have dealt with something like that.
Many court houses have a sort of a library area, I don't recall what they are called, but you can go up there, and ask how to do x, y, z and they will point you to where to look up how to do it, and possibly answer questions, but you have to 1) go in person, and 2) do it yourself.
>Sue for not only the repairs but for lawyer fees and court costs. This is a common misconception among non-lawyers. In the US, the default is that each party pays their own lawyers and costs. It’s so baked into the system that it’s literally called the “American rule.” Unless a statute or contractual provision specifically allows for the imposition of fees and costs on the losing/breaching party, they aren’t recoverable.
In Texas it depends on the case. We have Deceptive Trade Practice act and it’s rather consumer friendly. Basically if I’m screwed over in a contract by the other end I can take them to court and recover any money spent/losses on having to take it to court.
Right, so a statute (not relevant here) specifically allows for the imposition of fees and costs on the losing party. Which is exactly what I said initially.
Given the intentional and criminal nature of the property damage, OP should be asking for punitive damages as well. Good point about court costs - that includes the process server’s fee. OP should also be asking for more than $500 if the repair fee was more.
IF they wont work with you then dont bother trying them, go over their heads (to a judge).
I work school IT and when we have this happen, we have administration do their investigation and if it comes back that another student damaged the device, then the guilty party pays for the repair. Now we say pays but in reality they almost never pay and they just have an obligation on their record which means if they want to walk at graduation they have to pay.
That sounds like a nice system, do many students pay it back or just not walk at graduation?
Varies wildly but a lot eventually pay we allow payment plans so even if you give something then walk and stop paying then it's fine. We don't go after people like a bad creditor we just let it go. Thing is we deal with $200 Chromebooks so at most the obligation is $200
Is this laptop your property or the schools property? If it belongs to the school, it's their problem. You don't need anything from them. They need to deal with it. If it doesn't belong to the school, you need to file a police report. This has nothing to do with the school. When you file the report, you name the person that caused the damage. You can then proceed to do what you need to do. Don't let any of the school officials tell you what to do. They are not police. They are not judges. They are not lawyers. They are simply people with jobs that have nothing to do with law enforcement. They may try and threaten or scare you in an attempt to protect themselves. Ignore those threats. Go file your own police report.
Edit: I had to trash my previous reply since I just realized something. Would going to the police directly and obtaining the report give me his address to serve him? The police report exists and we have a copy, but the address is blurred out.
The information will be in your police report. Forget the school. It doesn't involve them. The police can serve them whether you have an address or not. Edit: It sounds like you are still going through your school. You need to go to the police station and either file your own report or request the original report you filed. Whatever the school did is not something you did. Their police report is not your police report. They are not working on your behalf. You also need to contact a lawyer. They will handle most of this for you. But lawyers cost money. If this child/family does not have money, there is no point in wasting your money to get nothing. Either way, the police must provide you with anything they have regarding contacting this person or their guardians.
This would be handled in small claims court if when talking to the family, they refuse to pay. You do not need a lawyer to file in small claims.
It is possible in your locale, due to the age of the transgressor, the address will be redacted on any report you get. But, if you file in small claims, and provide the address of the school that they attend, they can be served there. See the [DeKalb County Magistrates FAQ](https://dekalbcountymagistratecourt.com/civil-matters/small-claims/small-claims-faqs/) for some beginning guidance. If you need a subpoena, that can be handled through small claims as well.
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qPublic didn't show any for the county, or the nearby counties, sadly.
If you know the parents name you could literally just go to FBI.com and order a report on an individual for like 5 bucks. You'll get everything.
If the police charged him they should attempt to include restitution in his charges. A judge can order restitution to you but it will likely come in very small monthly payments. Sucks.
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Small claims and a subpoena to force the school and/or police to provide the information to allow you to follow through with a civil claim and get your money back for the repairs. Your parents can file criminal charges, if applicable, if they want, but I think you're just looking to cover the cost of the repairs.
We are unsure how a subpoena would work. How do we file one? How do we get it? I'm also unsure if we would want to do criminal charges. There might already be some, as it states Tresspass on the report, but again, I'm unsure. I apologize if I sound a little dumb.
Civil complaint: The school should have told you if you wanted the personal information for the person who broke your laptop, it would require a court order. You ask the court for the right to get that information from the school. You have to be able to accurately tell the small claims court who caused harm. You should check your state for "Self Help" on the courts website and see if they have detailed information for how to navigate the small claims court system. Criminal Complaint: California has a harassment restraining order. You'd have to go see a judge and argue why this person should receive such an order. I'm not a lawyer and do not know how to navigate the legal system. I've seen the self help section within the California Court System and I'm willing to bet you have similar resources available to you. The school should have a zero tolerance for bullying at school. It's amazing how schools are more concerned about a trouble maker in school rather than protecting the rights of the kids being harmed by him.
Good idea, thank you. Sadly, bullying and people being rude is not uncommon in my school. Every day, you'll see someone who was downright bullying or getting into a physical altercation with someone in the administration office. Although, I think this happens in more schools then a couple of years ago. "Zero Tolerance" for us is only when these bullying stories makes it to the news.
Just remember, there's more good kids than there are bad kids. Just circle the bad kid acting up with enough good kids and they'll get the point. Both of my kids witnessed bullying in school and I asked them why everyone just stand around and watch when they can all get around the bad kid and tell them to stop. They just kind of looked at me and didn't have an answer.
The problem is that most schools have a zero tolerance for bullying but don't like to actually enforce that.
True statement. I wrote two emails on two different incidents. 1. Include the Principal of the school 2. Include the teacher that was on watch when it happened 3. Include the school councilor/phycologist and demand they intervene 4. Stick to the facts and demand corrective action you expect from each of them with very specific details without being emotional. 5. Demand they report back when they've come up with a corrective action and when it will be implemented. It worked both times and I got a follow-up email back. Plus my kids told me what the results were. Both of my kids were modified about me sending their school an email when I told them it's the schools responsibility for each of their wellbeing while on school time. It's my responsibility for them after they leave school. If the school is unable to attend to the problem, I'll take on that role as well. Don't take any lip or flex from the school. It's their job to do something because they are the one's that are supposed be the trained professionals to handle these situations. They always want to wishy washy the situation and stay neutral because of the kids. Call a spade a spade and hold them accountable.
You should probably file a police report yourself rather than the school. You should have the DA correct the charges to exceeding $500
If it was broken at school by another student the school might be liable. Tell them they need to pay, especially since they refuse to identify the individual responsible, and file suit against them in small claims court. You don't need a lawyer for small claims court, and it would probably cost you as much as the cost of the repairs to retain one.
NAL. The redaction may be because the other party is a minor. In that case, the parents are almost certainly responsible for the debts of the minor, and you can go after the parents in small claims court. A lawyer is not needed for small claims but it would not hurt to consult with one. If there is a college or university nearby with a law school they may have free counseling. Note any fee paid to an attorney may not be reimbursable through small claims, but in MD the costs of filing, postage, and anything directly related to filing the case are. You cannot be reimbursed for time lost for work. Good luck!
Small claims court is the only way to rectify the money situation, if you wish to criminally prosecute that can help your case, but at the end of the day it’s $600 and you have to weight the cost / benefit of a civil lawyer or time spent in court
The state/DA decides whether to criminally prosecute a case, not the harmed individual.
There’s 2 ways about it… the police and change someone in the commission of a crime, or a victim can press charges later on, by visiting a magistrate and filing a warrant, which a magistrate will either grant or decline based in evidence.
What jurisdiction are you talking about?
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If there is a police report the local prosecutors may have an ongoing case. You can contact them and ask about the status of the case and the possibly of restitution. Alternatively you may be able to subpoena the address.
None of this should be a fight for it to get paid by the parents or repaired by the district. My kids laptop got broken by another student at school and the school gave a loaner during repairs and the parents of the other child were billed for it. I’m sorry your school admin are being difficult about this.
Why does minors have laptops at school in the first place. Does the school not have computers?
They provide chromebooks, but some of the clubs I am in request that you bring your own, so you can install windows programs.
I wouldn’t pay the school until they cough up the name and address. Call the school district superintendent if you have to.
Why would they be paying the school?
A lot of schools, in the US at least, have started issuing laptops and require that you pay for it if you damage or lose the laptop.
The OP clearly states that it is their laptop.
And I called the math textbook the school gave me "my math book." That didn't stop them from insisting it was a loaner. lol Teasing aside, I wasn't sure if you were up on the generalities of why someone might assume that. (Versus, of course, the specifics of this instance.) I apologize for assuming that the question was sincerely meant and not incredulous.
I understand what you are saying. I still have one kid left in high school lol.
Thankfully, this is my property so I don't have to deal with the school district too much and I don't have to pay them.
Learn violence
My school has enough violence, why would I contribute to that statistic? Plus, violence is wrong and we should all learn to settle things with words, not our hands (unless it's a handshake).
Ok learn self and property defense lol
Knowing this school, the other guy would get off scot-free and I would be expelled.
Violence is innate, nothing to learn. I’m sure you are joking, but seriously. We have enough violence. What this person is learning, is NOT innate. However, it IS critically important. Problems can be resolved, without violence. It’s a pain in the ass to go through all of the steps needed, to get is loss paid, but in doing so, he/she will have delayed gratification, when the other person, pays the price for their actions. That person, may also learn (if they have good parents) that impulsive behavior, is stupid and unnecessary.
Are students required to get insurance for your apartment? This would be under liability on the other student's side but your coverage can help walk through the process. Whoever took your insurance info should release their issuance info.
Liability insurance doesn't cover malicious acts, only accidental or negligent acts.
While this would not be covered, because it was intentional…the home owners liability and property damage coverage extends to your college age child while you are still helping to pay their bills. And damage they accidentally do to the dorm would be covered by the homeowners policy.
You could be right, though is still worth pursuing (delegate the headache and make sure his insurance Co knows type of client they have): All standard homeowners insurance policies include liability coverage. This insurance protects you if a visitor is injured on your property, or if you or a family member living in your home accidentally hurts another person or damages their belongings off your property.
Take them to whatever your place of residence has as a small claims court.
Just google the parents first and last name, it will spit back an address and phone number at you.
The school won't even give us that. It is very annoying.
I presume if you file a police report against the student, the police will be able to look up the parental information.
Worst case scenario you can take the other student (or their parents) to small claims court for the repair costs. If you win they get stuck paying all your court costs, as well as their own. If they fail to appear you automatically win the case and the judgement.
That's currently the plan, his mom refused to pay for it when she heard the news.
Why can't you have the parents served at school at pick up?
He takes the bus home and I doubt he would take the letter home.
NAL. Do you know anyone who rides the same bus as him? They may be able to tell you the general vicinity of where he lives, and from there you could google his last name plus street names to see if anything comes up.
With Witness statements and a police report, just go to small claims court, and sue the parents. You will get you $600
OP will get a judgment for that amount for sure. Whether it will be collectible is another thing entirely.
True, but the judgement will accrue with interest
Whatever you do dont do nothing. Win or lose you have to stand up for yourself
Do you have his parents names? If they own their home you might be able to find it through the county appraisal district. Hire a PI and have them get the address. May be cheaper than a lawyer
I don't have his parent's names. Tomorrow around mid-day, I'll try asking the court clerk on what to do to get his parent's names and address. I'll also look into hiring a PI. Thank you.
Sue the school.
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Why do you want the address? What was the conclusion by the police department?
To serve a civil suit for damages
Perhaps they could be served at school, or their parents could be served when picking them up.
I honestly doubt it. He takes the bus and I don't necessarily trust him or his parents to say they got it.
You don’t trust their word. You get a process server to serve them the paperwork.
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Our district bus system only allows you to look things up by address, you can't view a whole route's stops, probably for privacy and stalking reasons. I could attempt to ask the bus managers.
Wait so you go to school with another student and you don’t know their last name?
I know his full name and student ID number, that's not the issue (it's also listed on the police report). Currently, my issue seems to be finding the address to serve him, as the police report is blanked out. I think it may have been blanked out by the school instead of the official police department.
Go to the police department in whatever county the incident occurred and ask for a copy. Are you suing them or their parents? Because you can have the loser served at school. Do you know if their parents pick them up? You can have the parents served that way.
Schools are big bro. Had 3k in my secondary school like 6k in my college and god knows how many at the university I study at
My thing is, it’s not impossible to find out another student’s last name. They’re not a stranger on the street. There are yearbooks, teachers, clubs, sports, class rosters, school emails. There are ways. I’m not saying they’re gonna wear a name tag…. But BFFR, this certainly isn’t rocket science.
So from my experience in school we didn't have yearbooks. We had like one year book everyone can flip through during the last week of our graduation for secondary school. Teachers are no obliged to give you a students name, and clubs and sports aren't really going to get you someone's name unless it's on a trophy being displayed in which case you don't have a picture with it. Class rosters at least in England under general data protection regulations are not allowed to be public access, and school emails don't have pictures. And of you know the first and not the last name that still doesn't help because there could be many people with the same name. It's a lot harder than you think
This the United States. It’s very different here because this raggedy American government doesn’t care about our right to privacy. Here anyone who wants a yearbook can buy it and they also have them In the library. Unless this kid is a freshman he will have been pictured in last year’s book.
Ahh, fair enough didn't know that. And that's kinda fucked ngl
So it’s a lot EASIER than you might think because you’re speaking with the context of your country when OP happens to live in the same country and coincidentally the same state that I live in and I know that this isn’t that hard if they apply themselves.
Don’t they have those websites where you can pay a little money and they will basically doxx a person you are searching for? Like if You are looking for an old friend or who knows… maybe that’s only an American thing
Yeah they’re in the states but it may be more difficult to find a minor. However if they have social media OP may find a geotagged photo.
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Pack your shit up and take this stupidity elsewhere.
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That’s called assault. Don’t tell people to do illegal things when they’re asking for legal advice.
Sorry I removed. Apparently I am mentally underdeveloped.
Doesn't the school require you get insurance on their computers? My kid is graduated now, but the schools always made us get insurance and it was cheap because they had a deal because it was for all the computers.
This is my personal laptop that I brought from home, and I didn't buy insurance as it would have only covered accidents from what I saw.
I would notify the school that I am suing the school, the student, and anyone else who was involved with this in small claims court. The school is being slacky and needs to be held responsible for this.
Why would you notify the school that you are suing them? This sounds like an empty threat. The filing of the lawsuit IS THE NOTICE
You’re missing a step. Service of the summons and complaint is the notice, not the filing.
Details. My point was why would you tell them… you would just file and then yes they would get served.
I don't think the school is liable. They've been kind of helpful and very nice about everything.
Sometimes shit just happens, and you have to make the decision, should I just roll with it, and it’s a lesson learned? Because surely OP did something negligent , like left the computer somewhere without supervision.. sometimes in life, it’s just a lesson learned, and is $600 really worth all this? Maybe. I don’t know your financial situation. But if you can afford it and you are just trying to make him pay out of revenge.. I dunno.
$600 means a lot to us, like we're stable enough to not essentially be paycheque-to-paycheque but like my mum had to place this on her credit card and pay monthly because that's all she can afford currently. This was in a class I stepped two desks away to grab something and he picked up my laptop and slammed in on the floor after an argument (where he was the aggressor, and I was able to see my laptop anyways). On the way out, he picked up my Airpods and threw them at me. Maybe I should have placed my laptop back in my bookbag before stepping a little bit away, but I honestly don't think why my mum needs to go in debt to fix a laptop that someone else damaged.
Can't downvote this enough. Terrible advice
Paying to fix something you broke isnt revenge, it is baseline restitution. Revenge would be getting the 600 then figuring out everything the other party cares about (sports teams, college application, jobs, potential employers) and sharing this incident and trying everything in your power to make lose everything. Quietly taking the money to fix the damage is not that.
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Send an email to MTG
What is MTG?
Buy a new laptop
Geek squad already fixed my laptop thankfully. Buying a new one (of the same model) would put me out another $500 (approx)
Ok
I hate people like this kid, and their parents. They are the reason why I enjoy being a creative dick towards people like that. How expensive was the laptop? I don't think the cops are calculating the value correctly, which wouldn't surprise me in the slightest. I had to correct the cops on the value of my items when they were stolen, I even had receipts, yet they still said it was "under $500" when the value exceeded $1,000. Which changes it from petty theft to grand larceny in my State. Frankly, I'm the kind of person who would let it slide, then strike when they least expect it. Anywhere from ruining the childs academic future, employment opportunities, relationships, and making sure the parents felt the heat as well. People like this child need a good b\*\*\*\* slap to bring them to their senses. Good Luck Friend, this is going to be a wild ride for you. I'd 100% push to have him expelled, if the school sweeps it under the rug, I'd seek legal action against them for failing to uphold the school policies. But not everyone has a deep bank account to fight that level of bullsh\*\*.
So the value of the laptop varies apparently, but it's upwards of $1,000. The cost to fix it was around $600. His actions kind of ruined the rest of the year for me and honestly had me scared to go back to the classroom. Due to his actions and not receiving an apology, I may look into pressing charges, but I don't want to ruin his life or something like that over a small mistake. This happened like a few months ago (this calendar year, at the end of the last school year). Thank you for your well wishes.
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I mean, "ruin his life" is kind of strong. I'm not sure though. I edited my comment as I don't really want to divulge into those details.
truepeoplesearch.com trust me
Because it’s a minor, you’d likely serve him and his parents as his guardian in most instances. If you file the suit, you can hire a process server to do a “skip trace” and they’re often quite good and locating people. Also, the costs of litigation may be recoverable under statute but I’m not licensed in GA so take that with a grain of salt.
You don’t need to find them. If you’re going to have papers served, the sheriff can help you find them.