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House break in

2,766 Views | 25 Replies | Last: 25 days ago by El Gato Charro
Hill08
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Dont really know what board to post this, but a very good friend had his house broken into. Took about 10K worth of stuff, but in process kicked in front and back doors as well as destroyed the house in general. Who pays for all the destruction? His home owners is 2% but his home is over a million in value. They've caught the guy and recovered most of the items. But what about the damage? Cops weren't much help
Thx
LRHF
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This one is EZ… the homeowner.
Gunny456
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Law enforcement caught the guys. What does he expect the cops to do to fix his house?
TAMU Wildlife & Fisheries Sciences

"Boat Racing is like a beautiful woman.... expensive, high maintenance....... but well worth the fun!"
maroon barchetta
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Sell the perp's organs

Use money for repairs

[/someone on the OB, probably]
Jack Squat 83
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Maybe the perp could also be sentenced including restitution?

I know nothing but your friend should carefully document any damages, for starters.
I don't think you know me.
zooguy96
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My mom was having a house remodeled. Someone broke in and tried to set a fire - did about $5-10K of damage. They caught the perp, and they had to pay restitution. This was about 25 years ago. Still should apply.
Hill08
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Gunny456 said:

Law enforcement caught the guys. What does he expect the cops to do to fix his house?



Of course not, was thinking of restitution, but collecting from a thief seems impossible
CE Lounge Lizzard
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Hill08 said:

Gunny456 said:

Law enforcement caught the guys. What does he expect the cops to do to fix his house?



Of course not, was thinking of restitution, but collecting from a thief seems impossible



Sell the perp's organs

Use money for repairs

It might not be as difficult as you think.
Average Joe
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Hill08 said:

Gunny456 said:

Law enforcement caught the guys. What does he expect the cops to do to fix his house?



Of course not, was thinking of restitution, but collecting from a thief seems impossible

Your friend could take him to civil court for the damages and would easily win, but you think he would ever see a dime?

Best to just get quotes for the damages, compare them to insurance deductible cost, and pick between the two. Chalk it up to "life sucks sometimes".
TarponChaser
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It sucks but this is the point of a deductible.

Thief is probably judgment proof so they won't be able to get money from them.

Next time get a dog. We've got a 90# mutt that's as sweet as can be and really a big wuss but as long as the stranger is outside she'll lose her mind barking & growling. That will keep 99% of thieves away.
theJonatron
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Why isn't insurance paying for the damage??

If damage is over the deductible, well, that's why you buy a deductible that you can stomach.

% deductibles are usually only available for Wind

Install kick down locks, they are amazing for $20
Buy cameras. Rings are $60 each
Get a big dog
Buy an alarm system - $200 install and $200 annual with some guys
Buy a safe

If they didn't have that with a 2% for all perils, then man. That's on the homeowner

Even if they catch the guys you won't see a dime of damages. If they are stealing stuff they don't have a dime to their name

I'd still get insurance involved to see if the adjuster puts the repair and actual cash value of what was stolen, plus the betterments to prevent

Hate to read this but everyone needs to have things to help prevent situations. Cops these days are useless against smaller thefts
Stringfellow Hawke
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Obligatory go break stuff at their house….. i would look into a civil suit if it is worth the time and trouble to navigate the court system.
Gunny456
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Understand. I just went by your remark that the cops had been of little help in helping him with his damages. Disregard my comment.
TAMU Wildlife & Fisheries Sciences

"Boat Racing is like a beautiful woman.... expensive, high maintenance....... but well worth the fun!"
Mas89
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Best he can do is follow up with the district attorney office and follow his prosecution in the court system. Insist on prison time without probation. Stay involved with the case and talk to the district attorney to let them know you are following the case.

What county/ city?
BrazosDog02
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This is the homeowner's problem. If the house is truly over 1 million, then it probably has enough damage to make it worthwhile. Anyone who owns a home should be more than financially set to cover the deductible in which they have agreed to cover in the event it is needed. 2% is pretty modest. If the damage really doesn't meet the deductible, then he just has to pay for it out-of-pocket. No matter what, this is his problem. Easy peasy. You can seek whatever you want from the Thief in court. But my guess is you'd have better odds of a result by asking the Ags for a natty next year.
EFR
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Definitely don't count on restitution. It may be included in sentencing when that finally happens in 1-4 years from now. But this guy is burglarizing houses, he doesn't have a dime and likely never will. Best case scenario your friend will have some small checks trickling in over the years. Real restitution is really only a thing with white collar crime.
Sounds like it is time to break out a propane cannon and or tear a fence down though.
91AggieLawyer
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Average Joe said:

Hill08 said:

Gunny456 said:

Law enforcement caught the guys. What does he expect the cops to do to fix his house?



Of course not, was thinking of restitution, but collecting from a thief seems impossible

Your friend could take him to civil court for the damages and would easily win, but you think he would ever see a dime?

Best to just get quotes for the damages, compare them to insurance deductible cost, and pick between the two. Chalk it up to "life sucks sometimes".


While not absolute, it is tougher to blow off judgments these days if the judgment creditor is persistent. After some attempts at post-judgment discovery, he can have the court appoint a receiver, which will add 25% to the judgment for the receivers' costs but the receiver has collection tools and methods most judgment creditors, including many debt collectors, don't. Contrary to what a lot of people think, they CAN and do pull money directly out of your bank account. There are ways to hide that, but if you keep going to court over it (and the receivers will), it gets difficult to get away with. And the costs get tacked on.

Again, not 100% but don't blow off going to court on something like this if you know who they are and can get them served.
Average Joe
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91AggieLawyer said:

Average Joe said:

Hill08 said:

Gunny456 said:

Law enforcement caught the guys. What does he expect the cops to do to fix his house?



Of course not, was thinking of restitution, but collecting from a thief seems impossible

Your friend could take him to civil court for the damages and would easily win, but you think he would ever see a dime?

Best to just get quotes for the damages, compare them to insurance deductible cost, and pick between the two. Chalk it up to "life sucks sometimes".


While not absolute, it is tougher to blow off judgments these days if the judgment creditor is persistent. After some attempts at post-judgment discovery, he can have the court appoint a receiver, which will add 25% to the judgment for the receivers' costs but the receiver has collection tools and methods most judgment creditors, including many debt collectors, don't. Contrary to what a lot of people think, they CAN and do pull money directly out of your bank account. There are ways to hide that, but if you keep going to court over it (and the receivers will), it gets difficult to get away with. And the costs get tacked on.

Again, not 100% but don't blow off going to court on something like this if you know who they are and can get them served.

Good to know. Thanks for insight.
Milwaukees Best Light
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Million dollar home? What is that, 3 bed 2 bath about 2700 sf?
Martin Cash
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Jack Squat 83 said:

Maybe the perp could also be sentenced including restitution?

I know nothing but your friend should carefully document any damages, for starters.

Even if he is ordered to pay the restitution, he won't. And his probation or parole cannot be revoked for non payment under recent court rulings that you can't send someone to prison for non payment of money. I'm not sure if they still exist, but there were state programs for victim compensation that may help. But most likely, as the preacher in Blazing Saddles said, 'son, you're on your own.'
rab79
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Appraisal district or insurance company valuation?
There is a200k difference between them on my house.
Trout
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When I had someone steal some tools from my shop the judge made restitution part of his sentence. Luckily the guys dad paid his restitution and personally apologized for his 30 year old sons drug habit.
Jack Squat 83
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Years ago an employee stole $2500 worth of inventory. He was a decent guy who got hooked and had to feed his drug habit.

While in jail on drug charges dad took him to small claims court and the guy paid every penny back monthly, from jail.
I don't think you know me.
Pondering65
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Get his name and home information…then send Guido to make an offer he can't refuse.
Gunny456
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Maybe threaten to take him to the train station.
TAMU Wildlife & Fisheries Sciences

"Boat Racing is like a beautiful woman.... expensive, high maintenance....... but well worth the fun!"
El Gato Charro
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Gunny456 said:

Law enforcement caught the guys. What does he expect the cops to do to fix his house?


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