HELP! Court appearance for aquarium destruction

Dangerdoll said:
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?
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Beats me... My son tells me the guy had "x" amount of days to get his tank. It was the one last thing he had left behind. It was not a shared apartment, the new tenant told my son that his time had run out to get the tank.. that's why the tank owner showed up.. he was about to lose it to "neglect".

Perhaps I need to talk to the apartment complex owner....
 
It seems to me that the owner is just trying to make a buck. Why would you go straight to the police without even trying to talk it over with your son.
 
I think you should talk to the complex owner immediately. I've never heard of being able to keep things in your old apartment until you're ready.... and then before that time is up, allowing another tenant to move in. I mean if it was a locked room, maybe I can see it but in the apartment - that would never fly with me. In essence, this tank has been running on the electriciy of the new tenant. Not to be nit-picky but who pays for that??? Have the lease looked over. AND you need a list of things that were with the tank. It's a shame you weren't able to compile it before they came and got the tank.
 
Also if the cop never saw the tank then there is no "proof" that it ever had any damage, especialy if they moved it. I know that seems kinda shifty, but wat that guy did seems extremely shifty.
 
Yeah.. my wife and I talked about that... But the cops job is only to take the complaint. It is not up to him to determine of complant is valid or not. that's up to court. And there is Proof. My son knows he did it! He admits it. It's only the true value I'm questioning.
 
Also, going to court, prepare yourself with a copy of the lease or something that specifies anything about the agreement of the last tenant being able to leave something in the apartment. OR something from the landlord saying it was ok and who would be liable if something went wrong. It might just be the landlord who is responsible regardless if your son did put the soap in the tank or not. I am just having a hard time agreeing that the fault lies in your son's hands when this is an item that was left behind while another tenant moves in, who was not knowledgable about the tank in the first place.

Also, another side note. You'll need to be careful with your wording on the guilty with an explanation. The courts in Jersey don't like that phrase and generally don't want to hear an excuse if you plead guilty. No ands, ifs, or buts about it. Not sure about your location and the toughness of the courts. Call the court a couple of days before the court date to say you're not sure how to plead but that you would like to at least state your case as the situation is not cut and dry.

My apologies for not helping with the true cost of the tank and it's properties within the tank but who can really say when no one knows whether it was really a salt or not. He should need to come up with some valid documents proving the cost of things in that tank if not at the very least a list.
 
Intermision said:
It seems to me that the owner is just trying to make a buck. Why would you go straight to the police without even trying to talk it over with your son.
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Yeah, to me hes just picking on your son cause hes younger. I don't think your gonna be able to lose this fight, just say that there was no investigation on what was damage by official investigators, and get proof that the officers that wrote down the papers, did not take a look at it. And if you dont know what condition the tank was in, just talk to the APT maniger, i know he been in the room and taken a few looks at the tank and see if what he describes is a salt water tank with living HEALTHY fish/live rock in it, and it was in good condition after your son put the soap in it.

-Q
 
1. It's not a criminal complaint. There is no "guilty" or "not guilty", or complaint to the police. If there is, then there is no $1300 dollar recompense. If it IS, then hire a lawyer.

2. In the most likely case, this guy would be suing your son for damages, which is not a criminal matter. He would have to prove both that your son was responsible, AND the amount of the damages. Since you admit your son was responsible, it's up to him to prove the amount of the damages. He MUST provide you with specifics of his complaint in advance so that you can investigate their truthfulness yourself.

3. Once you get the list of damages, take them around to fish stores and get your own version of costs. His list of damages should have the age of things, proof that any livestock was alive at the time of the incident, damages done to any equipment claimed... get a couple fish store owners to provide you with notarized letters about how the value of the stuff was $150 bucks.

Don't let your sense of fairness get you in trouble... nobody who actually cares about their pets leaves them with unknown people for "weeks". This guy just sees an opportunity to get paid.
 
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