seamusTX wrote:Repos, foreclosures, and evictions often involve the county sheriff. Shooting at cops is not conducive to a long, comfortable retirement.
Shooting the Sheriff is not what I was talking about.
If repo men show up at an occupied home and demand to be let in, they pretty much get what they deserve. Usually they have LEO backup, though. Don't ask me the legal ins and outs of why it is done that way, but it usually is.
seamusTX wrote:Repos, foreclosures, and evictions often involve the county sheriff. Shooting at cops is not conducive to a long, comfortable retirement.
Shooting the Sheriff is not what I was talking about.
If repo men show up at an occupied home and demand to be let in, they pretty much get what they deserve. Usually they have LEO backup, though. Don't ask me the legal ins and outs of why it is done that way, but it usually is.
I imagine they tend to bring the police in case they go to the correct address and someone doesn't want to leave. It's that "correct address" bit that's important... I'd expect the police to be taking statements and calling ambulances (if necessary) if the repo guys persisted in trying to break into an occupied house at the wrong address.
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.
I doubt this would have been a news story if the residents had been home. Either they would have gotten things straightened out, called 911, or broke out the 12-gauge.
seamusTX wrote:I doubt this would have been a news story if the residents had been home. Either they would have gotten things straightened out, called 911, or broke out the 12-gauge.
- Jim
I think if I were present or showed up while they were in the process of emptying my house and I got a look at the paperwork I would inform them of their address mistake pretty quick.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016. NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
I think she was being very generous. 18k for the contents of the the house. Lets think about this a little bit. I will use the replacement value of the things in my house. Refrigerator 2k, washer/dryer 2k, stove $1k, dishwasher $500 various kitchen appliances $500, various kitchen utensil $800 Two TV's 3,000. Speaker system $500. Bed and handmade bed stand $4500. Couch and love seat 3k. Other beds (children's beds) at least $800. Dressers in the house 3k. Firearms $2k, ammo and holsters $400 Dining room room set (2) $1500. Jewelry 3k. Power tools 4k. Music instruments $2.5k.
After a 10 minute survey of my house we are up to 34,900 replacement costs. That is not counting any clothes, books, book cases, wall art, computers and electronics, curtains, toys, linens, knick knacks, china, DVDs, prices less papers and pictures exercise equipment, sewing supplies and machine, school supplies etc etc etc. 18k is very reasonable. I would give her 50K without feeling generous at all
Edited to add........we are a relatively young family with cheap stuff. If you were to do this to my inlaws you are looking at 200k in household goods (likely much much more) without breaking a sweat.
SAHM to four precious children. Wife to a loving husband.
"The women of this country learned long ago those without swords can still die upon them!" Eowyn in LOTR Two Towers
mamabearCali wrote:I think she was being very generous. 18k for the contents of the the house. Lets think about this a little bit. I will use the replacement value of the things in my house. Refrigerator 2k, washer/dryer 2k, stove $1k, dishwasher $500 various kitchen appliances $500, various kitchen utensil $800 Two TV's 3,000. Speaker system $500. Bed and handmade bed stand $4500. Couch and love seat 3k. Other beds (children's beds) at least $800. Dressers in the house 3k. Firearms $2k, ammo and holsters $400 Dining room room set (2) $1500. Jewelry 3k. Power tools 4k. Music instruments $2.5k.
After a 10 minute survey of my house we are up to 34,900 replacement costs. That is not counting any clothes, books, book cases, wall art, computers and electronics, curtains, toys, linens, knick knacks, china, DVDs, prices less papers and pictures exercise equipment, sewing supplies and machine, school supplies etc etc etc. 18k is very reasonable. I would give her 50K without feeling generous at all
Edited to add........we are a relatively young family with cheap stuff. If you were to do this to my inlaws you are looking at 200k in household goods (likely much much more) without breaking a sweat.
And if you looked at my house the number would be quite a bit lower. You are a new family you said well that might explain the new stuff because an amazing number of households have the 5 or 10 yo washer dryer, the 10 yo chair that might be worth 50 but is still comfortable so why replace. Basing her payment on your stuff when you know nothing about her seems, well, not to be the most logical of plans. Also I'm afraid to say you don't get replacement cost you get the value. Then there is the question of things reported missing that the bank says were never removed.
My opinion is they should give her full market value for the house and pay any closing costs and other expenses incurred with the purchase of a new home, pay her whatever replacement value she had insurance for on the contents, then pay any interim living expenses and then pay her a sum for the inconvenience of having to go through all of the headaches of this. That would be fair restitution for both sides.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
EEllis wrote:Basing her payment on your stuff when you know nothing about her seems, well, not to be the most logical of plans. Also I'm afraid to say you don't get replacement cost you get the value. Then there is the question of things reported missing that the bank says were never removed.
It doesn't seem at all fair or just that a creditor can hire a goon squad to confiscate the property of an innocent victim down to their underwear and kids' stuffed animals, and then the offender gets to quibble about paying replacement value.
If this happened to me, Tony Buzbee would already be in the courthouse. I actually know Tony Buzbee, and he would love a case like this.
- Jim
Fear, anger, hatred, and greed. The devil's all-you-can-eat buffet.
EEllis wrote:Basing her payment on your stuff when you know nothing about her seems, well, not to be the most logical of plans. Also I'm afraid to say you don't get replacement cost you get the value. Then there is the question of things reported missing that the bank says were never removed.
It doesn't seem at all fair or just that a creditor can hire a goon squad to confiscate the property of an innocent victim down to their underwear and kids' stuffed animals, and then the offender gets to quibble about paying replacement value.
If this happened to me, Tony Buzbee would already be in the courthouse. I actually know Tony Buzbee, and he would love a case like this.
- Jim
That isn't what happened here. That is the difference one is an accident that they must pay restitution for the other is a crime.
mamabearCali wrote:I think she was being very generous. 18k for the contents of the the house. Lets think about this a little bit. I will use the replacement value of the things in my house. Refrigerator 2k, washer/dryer 2k, stove $1k, dishwasher $500 various kitchen appliances $500, various kitchen utensil $800 Two TV's 3,000. Speaker system $500. Bed and handmade bed stand $4500. Couch and love seat 3k. Other beds (children's beds) at least $800. Dressers in the house 3k. Firearms $2k, ammo and holsters $400 Dining room room set (2) $1500. Jewelry 3k. Power tools 4k. Music instruments $2.5k.
After a 10 minute survey of my house we are up to 34,900 replacement costs. That is not counting any clothes, books, book cases, wall art, computers and electronics, curtains, toys, linens, knick knacks, china, DVDs, prices less papers and pictures exercise equipment, sewing supplies and machine, school supplies etc etc etc. 18k is very reasonable. I would give her 50K without feeling generous at all
Edited to add........we are a relatively young family with cheap stuff. If you were to do this to my inlaws you are looking at 200k in household goods (likely much much more) without breaking a sweat.
And if you looked at my house the number would be quite a bit lower. You are a new family you said well that might explain the new stuff because an amazing number of households have the 5 or 10 yo washer dryer, the 10 yo chair that might be worth 50 but is still comfortable so why replace. Basing her payment on your stuff when you know nothing about her seems, well, not to be the most logical of plans. Also I'm afraid to say you don't get replacement cost you get the value. Then there is the question of things reported missing that the bank says were never removed.
I have insurance based on replacement cost rather than actual value (and I know this; we dealt with a fire a couple years ago). If someone's gross negligence cost me my house and all my worldly goods, I would expect them to provide coverage AT LEAST on par with my insurance policy. And I agree with Keith on living expenses, closing costs, etc. None of those costs would have been incurred if these folks had exercised due diligence.
EEllis wrote:Basing her payment on your stuff when you know nothing about her seems, well, not to be the most logical of plans. Also I'm afraid to say you don't get replacement cost you get the value. Then there is the question of things reported missing that the bank says were never removed.
It doesn't seem at all fair or just that a creditor can hire a goon squad to confiscate the property of an innocent victim down to their underwear and kids' stuffed animals, and then the offender gets to quibble about paying replacement value.
If this happened to me, Tony Buzbee would already be in the courthouse. I actually know Tony Buzbee, and he would love a case like this.
- Jim
That isn't what happened here. That is the difference one is an accident that they must pay restitution for the other is a crime.
It is a crime. They committing felony level burglary.
MotherBear wrote:
I have insurance based on replacement cost rather than actual value (and I know this; we dealt with a fire a couple years ago). If someone's gross negligence cost me my house and all my worldly goods, I would expect them to provide coverage AT LEAST on par with my insurance policy. And I agree with Keith on living expenses, closing costs, etc. None of those costs would have been incurred if these folks had exercised due diligence.
And you have to pay extra for that. The law allows you only the value of the items not what it may cost you to replace. You can expect anything but I don't trash people for following the law.
she needs to take them to court, it would end up before a jury since she's asking for a high amount, I'd like to see what happens when they stand before a jury, they would lose real fast and real large, and they know it....
~Tracy
Gun control is what you talk about when you don't want to talk about the truth ~ Colion Noir