I had this long message typed out and poof. Long time no see ladies. I have not been around for awhile some good reasons some bad. But I recently had a problem and I was hoping you all could help. This has always been a good place for that.

We had our bikes stolen this week and through my own efforts I recovered two of them. I kept driving around until I caught the little punks, called the police and the bottom line is one is a juvenile and one an adult and they have been charged with residential burglary and possesion of stolen property. We were orginally told that night only the later charge but I am wondering if they confessed more at the station.

Anyway my son's bike has not been recovered. They claim they bought the bikes from someone, don't know what happened to that bike. We even went down to there uncles store where we were told they worked. The younger one tried to hide behind the counter. It was actually kind of funny. There were four kids in there none of them would look at us. We think they might have been involved in someway also. I leaned over the counter and told that kid I know you were the kid from last night why don't you just get the owner for us. Finally, he came out he said he was there uncle and apologized for there behavior. We showed him a pic of my son's bike and he said he had not seen it. We even offered the kid $50 if he just brought it back. We would not press charges if this was the case. But so far nothing.

So now dh is hell bent on replacing my son's bike. Which I agree. The problem is even though my son's bike was used from a coworker it was a top of the line bmx bike. The $250 dollar bike that my dh likes is not even really the same caliber. I don't think he needs the best of the best but this is dh's idea.

But my idea is why should we have to pay for it??? I mean these boys have been charged. They were not caught with that bike. But were in our garage or know who was. Can we take the parents to small claims court. Bring in an estimate of what if would take to replace the bike or dh replace it and show them that figure. If so should we wait until this is all over in criminal court. Which the detective said would be a lengthy process or sue them now? I could do the paper work myself. They would have to pay for those fees also am I correct?
We may even be willing to work something out with the parents like dropping the charges if they replace the bike. I don't want it to sound like a bribe. But honestly my dh is torn up about these kids getting a record over something so petty. I mean one is considered an adult. We were told he was booked at he jail. I admit I have an easier time with it. I don't mean to sound cruel and harsh but I was not brought up that way. My dh didn't have such a good childhood and he remembers getting a few breaks himself and he really turned himself around, joined the army ect... I think some of my bitterness is I am so sick and tired of our neighborhood this summer. I have lived here for 9 years and it has gotten really bad. We have witnessed two drug deals in broad daylight right behind our house in the alley. I could go on an on about how bad it is. Not to mention why do I have to explain to my kids why other kids would do this stuff?? You don't honestly know how naive in a good way your kids our until something like this happens. My dd said mom your an adult those boys should have to listen to you and poor ds wants to believe they didn't really take his bike but admits not he knows they are probably lying. It really has me depressed but we can't afford to move immediately. We are shooting for next summer.

All we really want is the bike back in good condition or replaced. So anyone who knows about small claims court think we have a shot at this? Thanks if you got this far.

By Ginny~moderator on Saturday, August 4, 2007 - 10:14 am:

I think with the police report, you definitely have a good shot at it. The minor's parents may have homeowners' insurance, but be aware that some policies don't cover criminal activity on the part of the insured homeowner or homeowner's family. Still, the parents might be willing to come up with the money or the bike to make it go away. As for the adult, who knows whether there is insurance or not. You will probably get a judgment, but whether you can enforce it (i.e., have some way to collect) is another matter entirely. Still, both would have judgments against them entered on their credit reports.

One thing you need to do is take the pictures of your son's bike to a good bike shop and ask the bike shop owner/manager to give you a statement, which is notarized, as to the replacement cost for the bike. It doesn't matter that it was bought used, that is what it would cost to replace it. For getting the bike shop person's statement notarized, most auto license renewal agencies, real estate agencies and banks have a notary on their premises. You need it notarized so that the court will accept it without the person having to appear personally.

As for dropping the charges, I am inclined to agree with you. If the parents' money makes criminal charges go away, what incentive is there for the boy to stay out of trouble?

By Cocoabutter on Saturday, August 4, 2007 - 06:53 pm:

Don't have any legal advice, but I would advise taking pics of all your bikes and writing down the serial numbers on the bottom of the frame. This is your proof of ownership, and our police have said that if a bike is stolen, then even if it is recovered, they will not release it to anyone unless they provide them with the serial number on the bike.