HELP! Court appearance for aquarium destruction

Z

zell

AC Members
Dec 2, 2005
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OK... First let me say... my son pleads guilty! But....

A complant for $1300 was filed agains my son...
He stupidly put soap in an aquirium. Having had freshwater tanks I understand the ramifications...

But.....

The tank was partially "abandoned". The owner had left it in an apartment he had moved out of. There were NO FISH in the tank. The tank was already in bad shape. My son is a freind of the person who moved into the apartment. The owner of the tank was about to loose all rights to the tank because it had been left behind in the apartment. They claimed it was "stinking" and so my son stupidly put soap in the aquirium.

Some time later (days) when the owner came (the last day possible) to get it he saw it's condition and called the police. The sheriff came and handed my son a citation for $1300. It's either pay the $1300 or go to court.

Now.. the owner claims it was a saltwater tank. None of the people (including my son) have a clue if it was or not.

Please understand... He is at fault and I am willing to pay for the damage. But I also don't want to be taken advantage of. the owner will not negotiate. He will not provide a list of what was damaged....

So.. I don't know for sure what the tank was... I don't know what was damaged... I don't the value....

But.. If the tank had been left unattended with no fish for weeks... doesn't that show great neglect??? If it was a salt water tank, wouldn't the chemistry be all bad????

Understand... I want to pay FAIR value...

Advice please...
 
Seems like the owner would have to provide documentation of the loss.

Even if there was nothing left alive, the equipment, live rock, substrate and whatnot could easily amount to $1300. The equipment and tank may not be permanently damaged, but who knows.

Is it all about fair market value, though? Since he essentially vandalized someone else's stuff (whether it was a stinking mess or not), is there a fine associated with that? What is the actual wording on the citation? Who gets the money?
 
mogurnda said:
Seems like the owner would have to provide documentation of the loss.

Even if there was nothing left alive, the equipment, live rock, substrate and whatnot could easily amount to $1300. Is it all about fair market value, though? Since he essentially vandalized someone else's stuff (whether it was a stinking mess or not), is there a fine associated with that? What is the actual wording on the citation? Who gets the money?
Click to expand...

I agree completely. I am happy to make FAIR compensation. But the fact that the owner won't provide a listing, and the fact that the tank hadn't been attened to for weeks makes me think the owner is trying to leverage the situation.

I am happy to pay damages. But.. I am not happy to pay for living rock, etc. that was already in heavy stress or worse. It is my understanding that saltwater tanks must be tended to almost daily or else chemistry goes bad...

Complant (ticket) reads "Without authority injured the personl property belonging to "tom smith", said property being fish tank equipment of multiple items." (The dep sheriff never saw the tank.. the complaint was taken in the parking lot.)

I know participants of this forum will be on the owners side... Hey, I am too! I just don't want to be taken to the "cleaners" if the equiment, rock, etc was already devalued due to neglect.

My main question is: Wouldn't an abandened (for weeks) salt water tank already be having problems????
 
What kind of soap was it?

I agree that the equipment, tank could total $1300, but the tank, lighting, and equipment wouldn't really be damaged by most soaps--they'd require a good rinsing, but it sounds like that was needed anyway. If the rock and substrate were still viable, the soap would kill them--but that would be tough to prove, either way. Was the equipment running at the time?
 
OrionGirl said:
What kind of soap was it?
Was the equipment running at the time?
Click to expand...

It was dish soap... I understand that filters were on at the time. (my son wanted to see it "make bubbles"). Again.. wouldn't the chemistry already be shot?
 
It's hard to say. It sounds like a lot of water had evaporated, meaning the salinity would be sky high, and the bacteria probably dead. But, the rock would be easy to rinse off and put into a new setup, cycle, and be fine. Since the equipment was running, this means the water was at least moving, so stagnation would be a problem. With the addition of soap, the rock and sand would be toast--it's just too difficult to get dish soap completely out of the system.

I would ask for reciepts, as well as photos documenting what was in the tank. I have enough coral skeletons in my setups that I'd be able to claim thousands of dollars, but I got them as skeletons, which cost way less than living corals--especially since many of them skeletons were collected as storm debris, and free!

For what it's worth, while I can understand the owner being angry, I'm not completely on his side. IMO, if you want your tank, you don't leave it behind unattended for weeks on end.
 
I am really not taking sides here. I don't know any of the parties or their motivations. Just trying to help out.

First, the owner might simply say the equipment was ruined by exposure to the detergent. May or may not be true, depending on what was put into the tank. That could certainly add up to $1300 pretty fast.

To answer your original question regarding the condition of the inhabitants, I would say that a SW aquarium does require regular attention in order for things to stay healthy, grow and thrive. However, it is entirely possible for live rock, some hardy invertebrates, and even some fish to survive serious neglect. The tank may be an ugly mass of algae, but it would probably still harbor life, and might have been nursed back to health given the chance.

For all I know, everything could have been dead before the soap went in, but it is not improbable that there was livestock that could have been saved.
 
wait a minute. I don't get how someone can leave some stuff behind in an apartment while another tenant moves in, and is then the new tenant is accountable (or his friend) for the property left behind. Is this apartment a shared apartment?
 
Just to clarify.. there were no fish in the tank...
Since the owner will not work with me.. (won't provide any info at all)
I have two choices:
1.) Plead guilty and pay the $1300 with NO knowlege at all on the equipment (condition, what it was, etc)
2.) Plead not guilty and state my "case" before a judge. I would assume that at that time the owner of the tank would have to supply some documtation...

All I'm asking is a fair accounting so I can make fair payment... frustrating...
 
If it was dish soap most likely all your dealing with is surfactants. Nothing a little rinse and some skimming (hello ions) can't take care of. It couldn't have hurt the equipment.... I smell a rat.
 
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