long story, bear with me...

back in october i was living in Person County. someone kicked my door in while my wife and i were at work and stole 6 firearms and a lot of jewelry. we filed a police report with the sheriff's dept. jewelry totaled about $3200. insurance paid $1500. firearms totaled about $5100. insurance paid $4600. other miscellaneous property was $115 and insurance paid all of that.

about a month later, my wife (the report was filed in her name as she was home before me) got a call from the sheriff's dept saying they had recovered 4 of the firearms from a pawn shop in Burlington. i purchased 3 of them back from the insurance company for $2700 and let the insurance company keep 1 of them at $300 (had it scheduled for more than it was worth and i didn't really like it anyway). none of the other stolen items were recovered.

a few weeks ago, my wife got a call from a Person Co. ADA asking for any amount for restitution. they had 2 suspects from the pawn tickets i guess, Roger W. and some female whose name i can't remember. She gave them the difference between losses and what insurance paid plus some money for fixing the door.

today she had a voicemail from an attorney in Durham "regarding a break-in by Roger W." he asked that she return his call. i'm assuming this is Roger W.'s defense attorney.

do we need to get a lawyer before talking to the Durham lawyer? i doubt Roger W. has a dime to his name, so is any of this even worth my time?



[Edited on August 13, 2012 at 7:07 PM. Reason : btw i live about 2 hrs from there now]

8/13/2012 7:04:52 PM

FWIW, my girlfriend was robbed once by a crackhead(confirmed ) who essentially followed her home from the store, hid outside window, as soon as she left the kitchen where she laid down her purse, the woman opened door, grab it, and left.

She ended up getting caught, and convicted(i guess?). My girlfriend had to essentially write a letter about the situation and ended up getting $500ish in restitution. since the woman had no $$, her pay or something gets docked, so we gets a surprise check every few months out of the blue for $50-$75.

I guess my whole point is, even if they have no $, I would still go after restitution if possible, because the government will ensure that you get paid eventually. Couldn't hurt?

[Edited on August 13, 2012 at 7:39 PM. Reason : sw]

8/13/2012 7:39:26 PM

Why do you think you need an attorney?

(not being sarcastic, just curious. Do you think you can get more money with an attorney or are you worried about legal repercussions?)

[Edited on August 13, 2012 at 7:41 PM. Reason : .]

8/13/2012 7:40:41 PM

because i have no idea how this restitution thing works and i have no experience in matters like this. i'd obviously like to get some money back if it doesn't require much effort on my part. do i have to actively pursue getting some money? can i actually get any money? i figure if i have to get a lawyer to pursue this then it would be a net loss for me.

also, i don't know why this attorney in durham is contacting my wife.

[Edited on August 13, 2012 at 7:49 PM. Reason : adsf]

8/13/2012 7:47:08 PM

I would go after it as well. Our house was broken in to, they left with nothing bc neighbor's saw them entering our home & called the cops, but we received restitution for the damage to the window they entered in. (which reminds me I should call the court house and give them our new address bc iirc there's still $ due)

I wouldn't get an attorney personally. It's probably just a confirmation of facts & numbers.

There was no effort on my part FYI...I just told them what happened and confirmed my address. Once they had their day in court, I slowly started receiving money after. I didn't even go to court.

[Edited on August 13, 2012 at 7:48 PM. Reason : ]

8/13/2012 7:47:28 PM

actually, if i could significantly inconvenience the burglar for an extended period of time and break even, i probably would.

8/13/2012 7:53:38 PM

It seems like such a small amount of money that I wouldn't get an attorney unless you're doing it just to spite the burglar (who is already going to get criminal charges).

An attorney will take a 1/3 of whatever is recovered or charge you an hourly rate to help you. Not worth it, IMO.

8/13/2012 8:06:41 PM

Absolutely not. Do not get an attorney.

However, if you want to be mean then you can demand restitution for what your insurance paid you. You are entitled to it, as long as you give it back to your insurance company whenever you get it (not doing so is insurance fraud).

If it were me I'd stay on top of it. But a lawyer is a terrible idea.

8/13/2012 8:10:22 PM

Quote :

"also, i don't know why this attorney in durham is contacting my wife. "

Because she is listed as the victim on the report and its all public record and comes to light during discovery.

Don't think the State is going to fork over a ton of money for restitution.

8/13/2012 8:14:30 PM

You probably don't need an attorney. He's just doing his job and contacting the "witnesses" to his client's case. If you have questions, you can always ask the DA you've been working with.

8/13/2012 8:26:08 PM

alright, sounds good. thanks for the advice.

8/13/2012 8:32:10 PM

Yea, don't call that asshole back. You have no need for a lawyer and you don't need to talk to so-and-so's defense attorney.

8/13/2012 9:15:03 PM

Quote :

" i purchased 3 of them back from the insurance company for $2700 and let the insurance company keep 1 of them at $300 (had it scheduled for more than it was worth and i didn't really like it anyway)."

i'm confused by this, can you explain further? you had to pay for items stolen from you? Doesnt the pawn shop just have to give it back to you and they are fucked? how are they entitled to payment from you?

8/13/2012 10:06:12 PM

i bought them back from the insurance company, who had already paid me for the stolen items

after the insurance company pays you, anything that is recovered is technically property of the insurance company. therefore, i had to "buy them back" from the insurance company.

yes, the pawn shop is SOL

8/13/2012 10:13:08 PM

I would not talk to the suspects attorney at all. Talk to the ADA you have been working with if you have any questions.

Also keep in mind that insurance claim is probably going to increase your homeowners dues for years so any way you can stick it to the robbers I would. They are probably charged with possession of stolen property or some shit, if the DA offers them any concessions, plea agreement, deferred prosecution, etc, it will probably include paying your restitution back or they get their suspended sentence activated, probation revoked, etc.

Even if you do not want to mess with it, you owe to to all the other people they stole shit from to pursue it.

Also I thought stealing guns = federal pound me in the ass prison???


[Edited on August 13, 2012 at 11:15 PM. Reason : .]

8/13/2012 11:12:30 PM

Quote :

"Also keep in mind that insurance claim is probably going to increase your homeowners dues for years"

why do folks always think this? maybe everyone else has shitty insurance. i've got renters insurance through Farm Bureau and it didn't change a bit.

8/13/2012 11:15:06 PM

Well all your claims go on a "clue" report and if you switch companies you will probably get dicked then.

8/13/2012 11:16:29 PM

eh, i'm getting used to being screwed over by worthless shits

Quote :

" Also I thought stealing guns = federal pound me in the ass prison???"

no, it's just a gun.

[Edited on August 13, 2012 at 11:19 PM. Reason : adsf]

8/13/2012 11:18:12 PM

Quote :

"Also I thought stealing guns = federal pound me in the ass prison???"

We have State laws that say you can't do it.

8/14/2012 7:06:18 AM

Yeah unless it's a habitual felon or something the USDA is willing to adopt, it will be kept state level and nothing will ever, ever come of it, except maybe some probation and community service. At least speaking about Wake County.

8/14/2012 8:01:39 AM

About Clue Reports

http://oci.wi.gov/pub_list/pi-207.htm

8/14/2012 11:39:04 AM

Quote :

"Talk to the ADA you have been working with if you have any questions."

Agreed, although if things end up in civil court too, the ADA won't be able to help you too much.

8/14/2012 2:39:38 PM

I would not persue civil court, people that break in houses are "judgement proof" meaning you can certainly get a judgement, but odds of collecting are not good.

At least in criminal court if the judge orders restitution the crook has to pay before they can complete their sentence.

8/14/2012 3:21:21 PM

can't get blood from a turnip

8/14/2012 3:25:59 PM

i witnessed a b&e one time and had to identify suspects. lawyer for one of them called me and wanted me to call back and answer questions. i never called and never heard from him again. idk how that will help you

8/14/2012 11:51:26 PM

don't talk to the defense attorney, go talk to the DA.

8/15/2012 12:09:17 PM

Criminal court means the DA is going to bat for you - hence, no need for a lawyer.

8/15/2012 12:11:20 PM

Quote :

"Criminal court means the DA is going to bat for you - hence, no need for a lawyer."

yeah, i guess that's what i was wondering. thanks.

anyway, my wife verified that we have no obligation to talk to the other attorney. i don't see what good it could possibly do us to talk to him, so she isn't.

8/15/2012 12:52:55 PM

If you were able to get restitution from the the guy who broke in, could the insurance company come after you for the money they had already paid out?

8/15/2012 4:41:23 PM

i guess i'd have to add up deductibles and stuff the insurance company didn't pay. then if i sought restitution over that amount it'd have to go to the insurance company.

at least that's how i understood lonesnark's post

8/15/2012 4:58:32 PM

I would check with your insurance company or ask the ADA who is working the case. One of them should be able to give you an answer.

8/15/2012 5:06:17 PM

Quote :

"If you were able to get restitution from the the guy who broke in, could the insurance company come after you for the money they had already paid out?"

no, because what we are claiming as restititution is our losses that were NOT covered or paid out by our insurance company

according to LoneSnark, we could have included what the insurance paid to us as well (as long as we paid them back after collection), but the ADA was only concerned about what we lost after we settled with our insurance.

8/15/2012 5:56:05 PM

that's cool, I was just wondering that for c.y.a. purposes

8/15/2012 8:33:32 PM

it's been a learning experience since it happened, and we've been doing our best to cya all along the way

8/15/2012 8:59:56 PM

I hear that, good luck with everything and I hope they throw the book at the dip shits

8/15/2012 9:01:54 PM

never talk to the other person's lawyer; unless you are obligated to, and do so only with your own lawyer present.

8/16/2012 2:21:26 PM

this dude had his court date this week. is there a way to look up the results?

9/19/2012 8:50:50 AM

Go to the county to do a background check

9/19/2012 9:04:27 AM

squeeze the fuckers for all they're worth

9/19/2012 10:51:30 PM

Quote :

"squeeze the fuckers for all they're worth"

which is exactly $0

9/19/2012 10:59:01 PM

Quote :

"this dude had his court date this week. is there a way to look up the results?"

You could call the clerk of court and they could probably tell you. If he was found guilty it should show up here in due time:
http://webapps6.doc.state.nc.us/opi/offendersearch.do?method=view

[Edited on September 20, 2012 at 10:18 AM. Reason : l]

9/20/2012 10:18:00 AM

Quote :

"a few weeks ago, my wife got a call from a Person Co. ADA asking for any amount for restitution. "

I don't understand this sentence.

9/20/2012 10:25:27 AM

typo. should've been "an amount for restitution". sorry.


[Edited on September 20, 2012 at 10:41 AM. Reason : ADA just needed to know how much this bullshit set us back.]

9/20/2012 10:40:37 AM

But for what? Isn't the word restitution used for what a perpetrator pays for damages done. Were you just reimbursing them for services they rendered you, or what the insurance overpaid? Even if that story is what you were trying to communicate (which isn't clear), I'm baffled by it being called restitution.

9/20/2012 10:55:18 AM

You know what he means. Let it go.

9/20/2012 11:40:14 AM

the ADA was not asking me to pay them money. they were asking how much restitution the defendant owes me.

Quote :

"a few weeks ago, my wife got a call from a Person Co. ADA asking for any amount for restitution. they had 2 suspects from the pawn tickets i guess, Roger W. and some female whose name i can't remember. She gave them the difference between losses and what insurance paid plus some money for fixing the door. "

this should read: "a few weeks ago, my wife got a call from a Person Co. ADA asking how much restitution the court should seek.....she told them to seek the difference between losses and what insurance paid plus some money for fixing the door."

you're right, i wasn't very clear in the OP. i apologize for this inconvenience.

[Edited on September 20, 2012 at 4:10 PM. Reason : asdf]

9/20/2012 4:00:01 PM

hahahahah fuck you and your jewelery and guns. you deserve to get robbed. that isn't what money should be used for. you are just as bad as the niggers that stole your shit. i hope they steal your plush corinthian leather seats out of your New yorker next.

9/20/2012 5:36:22 PM

you racist fuck

9/20/2012 5:53:39 PM

also hypocritical

I mean jcgolden owns a bunch of property back in NC while living the life in China

that's not what money should be used for, shoulda sold that shit off

9/20/2012 8:42:45 PM

adversely possess that shit

[Edited on September 20, 2012 at 8:56 PM. Reason : .]

9/20/2012 8:55:55 PM