Legal advice needed over criminal damage incident

RamboRage

Don't want to go into extreme detail but basically I have camera proof on two separate incidents where two of my cars received some damage from some local scumbags. Both of them were arrested and hit with a few charges in the station from what the gardai told me.

The gardai also told me that they are awaiting a court date to have the judge also sort them out with trespassing and criminal damage and I think some other charge called threatening behavior or something, cant really remember correctly. Anyway I could care less if they get charged or not, I'm only concerned about having both of my cars fixed up and paid for.

I got the two quotes for both of the cars and it comes up to just over €2,500 so there's no way I'm going to let it go and try to scoop up that sort of money myself. I was told by multiple people that I will have zero luck getting that sort of money out of these sort of scumbags, these are the sort of people that would rather do the jail time for a few months instead.

My question is, once they both plead guilty in the next few weeks which I am 110% certain they will seeing as both of their faces are captured on camera doing the damage. Would I have any luck contacting a specialized solicitor who deals with criminal damage cases? I heard that they can take their assets or take the money weekly from their dole if successful with the case. Again not sure how accurate this information is but its worth asking. I know very little when it comes to legal stuff so all help is very appreciated, thanks.

Peregrinus

Yes, you should talk to a solicitor who will explain your options. In principle you've got a very strong case for an award of damages, and the case will be even stronger after they are convicted. In practice you might have difficulty actually collecting the damages, so the focus of your consultation with the solicitor will be on the available enforcement mechanisms for collecting any judgement that may be awarded to you.

The other question to consider is the tactical one - should you sue now, or wait until they have been convicted? Obviously your case is stronger after they have been convicted. On the other hand, your co-operation in any prosecution is necessary. Plus, if by the time they are sentenced they can say that they have agreed the matter of compensation with you, that will help them get a lower sentence, so if you launch your proceedings immediately they have an incentive to try and settle now which will be lacking after they have been sentenced.

As you say, you need legal advice. Which you can't get on boards. Solicitor time, I think.

RamboRage

Peregrinus wrote: »

Yes, you should talk to a solicitor who will explain your options. In principle you've got a very strong case for an award of damages, and the case will be even stronger after they are convicted. In practice you might have difficulty actually collecting the damages, so the focus of your consultation with the solicitor will be on the available enforcement mechanisms for collecting any judgement that may be awarded to you.

The other question to consider is the tactical one - should you sue now, or wait until they have been convicted? Obviously your case is stronger after they have been convicted. On the other hand, your co-operation in any prosecution is necessary. Plus, if by the time they are sentenced they can say that they have agreed the matter of compensation with you, that will help them get a lower sentence, so if you launch your proceedings immediately they have an incentive to try and settle now which will be lacking after they have been sentenced.

As you say, you need legal advice. Which you can't get on boards. Solicitor time, I think.

Thanks, what sort of solicitor would be ideal to take on this case? I'm going to try find one tomorrow if I know what to look for.

Peregrinus

It's a simple action for damages. Bread-and-butter stuff. Any solicitor with a general practice that includes litigation could handle it.

RamboRage

Peregrinus wrote: »

It's a simple action for damages. Bread-and-butter stuff. Any solicitor with a general practice that includes litigation could handle it.

Grand also would a no win no fee one be alright to do?

Peregrinus

No, it wouldn't. As you point out yourself, the prospects of actually recovering anything from the defendants are uncertain, to put it no higher, so I doubt if you'll find solicitors rushing to take it on on that basis. This will be strictly a cash-up-front job.

Kings Inns or bust

To echo what other people have been telling you, there is naff all chance of recovery.

Courts award damages, it's then up to the Sheriff to enforce. The Sheriff is unlikely to have anything to seize unless they have cars in their own names worth anything. The galling thing is you're likely to be paying the solicitor the 'lads' in question will probably get civil legal aid. You can't even impact a credit rating in Ireland such is the stone age nature of our public record keeping.

nuac

Mod
Well covered by Peregrinus and KIOB
Thread closed because of forum rule re legal advice