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Need legal help to tackle down this FilledwithFurySS / brent Kirkwood clown

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Old May 2, 2003 | 07:37 PM
  #1  
treyZ28's Avatar
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From: looking for a flow bench so Brook and I can race
Thumbs up Need legal help to tackle down this FilledwithFurySS / brent Kirkwood clown

I want to take him to small claims court over the money he owes me. I want to find out if its enough to throw his **** in jail. $500 is grand theft in NY and FL, but i dont know about here.


He owes me $350 which he admitted to (i saved), his best friend sides with me and with his colorful backround- there isn't much he can argue against.

He has also made threats to numerious members on AIM.

Heres the hummdinger-
Hes making up some BS that i owe him $600 for him storing my car (in the street in front of his trailor ). I dont want to end up getting skrewed and PAYING this SOB money.

Anyone here a lawyer? parents? sibling? significant other? best/imaginary friend?

can we file some lawsuit/charges against him as a whole? Is being this stupid against the law?
I know he stole an engine from a VERY (if not the most after the admins) respected board member ACROSS state lines. isn't that a federal offense?

What can we get going against this guy?
Old May 2, 2003 | 07:47 PM
  #2  
95 Z/28 LT1's Avatar
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You made your bed, now lie in it.

Sounds to me like you should chalk this up to a lesson learned and choose a little more carefully who you associate with.

It wasn't too long ago that you were sticking up for the deadbeat here.
Old May 2, 2003 | 07:52 PM
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Originally posted by 95 Z-28 LT1
You made your bed, now lie in it.

Sounds to me like you should chalk this up to a lesson learned and choose a little more carefully who you associate with.

It wasn't too long ago that you were sticking up for the deadbeat here.
I think you should talk to dave (phantomTA) before making a comment like that. there is more than what meets the eye here.
Old May 2, 2003 | 10:08 PM
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Trey, I am by no means an attorney but I have studied some law and can tell you that this is purely a civil matter. If you loaned him money you willingly gave it to him. He didn't steal it or take it without permission did he?

I would go to the Sterling Heights courthouse and file a small claims suit against him. You have to prove that he owes you the money or has admitted to owing you the money. If thats the case you have a good case against him. Its something you don't need an attorney for. It will cost you anywhere between $25 and $50 to file the suit and have him served with a subpena. You should also include anything it cost you in damages, such as court costs and lost time at work.

I would watch what you say about him though, cause it seems to me like the little d!ckhead would do something to get back at you.
Old May 3, 2003 | 11:58 AM
  #5  
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Originally posted by IROC5.7TPI
Trey, I am by no means an attorney but I have studied some law and can tell you that this is purely a civil matter. If you loaned him money you willingly gave it to him. He didn't steal it or take it without permission did he?

I would go to the Sterling Heights courthouse and file a small claims suit against him. You have to prove that he owes you the money or has admitted to owing you the money. If thats the case you have a good case against him. Its something you don't need an attorney for. It will cost you anywhere between $25 and $50 to file the suit and have him served with a subpena. You should also include anything it cost you in damages, such as court costs and lost time at work.

I would watch what you say about him though, cause it seems to me like the little d!ckhead would do something to get back at you.
He is right, small claims is about the only thing you have going for you. As far as stealing an engine across state lines unless that engine had a child in it and was kidnapping or drugs then it is in no way a federal offense. The good thing about small claims court is the low filing fees of about $45 depending on what county you live in, if you know his address/place of work you can hire a process server to serve him personally, this will cost about another $20. In small claims court you can sue for up to $3000 and lawyers are not allowed in court, it will by you and your witnesses against him and his witnesses along with all proofs. First the case will go to mediation and then if you guys can't settle on to a small informal trial then the loser has one chance to appeal and you will have to go to court again. Once a judgement is given then you still have to fight to get your money. Its not perfect but it is the best attempt of legal system our country has for these matters, as far as jail time, you can't get jail time from a civil trial, you would have to call the police and have a criminal complaint which I don't see here. Also court costs aren't always given.
This is just my 2 cents worth and its not legal advise but it may help you out. Just don't forget that if you both file against each other that almost always you will both feel screwed and the good guy doesn't always win! Good Luck!
Oh if you do go to court try and get a copy of the transcripts from the court reporter and post it so we can all see what happened.
Old May 3, 2003 | 12:19 PM
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Take him to see Judge Joe Brown! We'd ALL like to see him squirm on national TV.Good luck to ya
Skip
Old May 4, 2003 | 07:49 AM
  #7  
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Originally posted by treyZ28
I think you should talk to dave (phantomTA) before making a comment like that. there is more than what meets the eye here.
Id rather stay out of it.. i dont wanna go to the hassel of getting a restraining order against him if i dont have to
Old May 4, 2003 | 10:58 AM
  #8  
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Originally posted by PhantomTA
Id rather stay out of it.. i dont wanna go to the hassel of getting a restraining order against him if i dont have to

I was hoping you would say something along the lines of "trey was trying to calm him down and help the situation" kinda thing
Old May 4, 2003 | 11:15 AM
  #9  
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Originally posted by treyZ28
I was hoping you would say something along the lines of "trey was trying to calm him down and help the situation" kinda thing
that too
Old May 4, 2003 | 12:17 PM
  #10  
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Originally posted by treyZ28
I think you should talk to dave (phantomTA) before making a comment like that. there is more than what meets the eye here.
He has a point. If memory serves right, you were defending him. Whatever is more than meets the eye doesn't change that fact.

And for the third or fourth time, CALL DETECTIVE MILLER. I replied in two of your other posts about this with his contact information but evidently you don't read all of the replies to your threads. Detective Miller is probably the ONLY person you should be consulting for advice or who can even get started in getting your situation taken care of, considering he already has a case against Brent. Instead of spinning your legal wheels, go to someone who can actually get something done about it.

So, you asked for advice, I keep giving you the same advice and is what I believe to be the best advice for you. Let a qualified person in law enforcement take care of it. If you don't choose to follow that adice that is your decision, but I don't think making multiple posts about it here will do you much good if any.

Best of luck and all.
Old May 4, 2003 | 12:54 PM
  #11  
treyZ28's Avatar
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From: looking for a flow bench so Brook and I can race
Originally posted by JasonD
He has a point. If memory serves right, you were defending him. Whatever is more than meets the eye doesn't change that fact.

And for the third or fourth time, CALL DETECTIVE MILLER. I replied in two of your other posts about this with his contact information but evidently you don't read all of the replies to your threads. Detective Miller is probably the ONLY person you should be consulting for advice or who can even get started in getting your situation taken care of, considering he already has a case against Brent. Instead of spinning your legal wheels, go to someone who can actually get something done about it.

So, you asked for advice, I keep giving you the same advice and is what I believe to be the best advice for you. Let a qualified person in law enforcement take care of it. If you don't choose to follow that adice that is your decision, but I don't think making multiple posts about it here will do you much good if any.

Best of luck and all.
Jason,
I did contact detective miller, after talking to - well you know who, he doesn't want this to be public about our 'game plan" if you want to call it that. There is nothing he can do for me, but he can help you know who.

When I asked Dave to lock that post for a week, Brent got things done. instead of flaming people back and forth, and then calling me to tell me about it and vent- he shipped stuff and got stuff done.

Most of my "defending' was to calm people down. this kid is like a 2nd grader, he has to have the last word and make fun of you back.

With the post locked, he stopped wasting his time here and did something productive.

Last edited by treyZ28; May 4, 2003 at 12:58 PM.
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