Tragedy

[scooters reef]

No, I wouldn't sell the HDTV. Look in Wisconsin statutes. Theft of moveable property INCLUDES withholding property rightfully belonging to another. A court has not given you rightful ownership of that TV. If he can provide proof it was his and you have no contract, or other proof it is yours, it will be you that loses.

If you want to get reimbursed for the damage he caused, then go ahead and file in small claims. But, be prepared to prove he did it.

Just as an example: If someone smashes your car window and you KNOW it was your neighbor, would you get in any trouble if you just smashed his or stole something to make up for it?

Oh, where near Wisconsin Dells are you? Send me a PM. Will be out at Castle Rock Lake frequently. May be able to help you out here and there to get your system back up.

[jarhed]

Dont let that ***hat in your house anymore. I wouldnt trust him as far as I could throw him. Be civil, but when he asks why, tell him "because I dont trust you around my extremely expensive reef tank". That should wake him up.

[Brad524]

there were several people present to witness that there was no
problem until just before he left .

as far as my family this is a small problem and between me and him . my actions will not be held against me as I am in the right .
he caused the problem and I would simply be rectifying it.

I will send him a notice of property witholding for damages ,
if he does not financially replace all lost animals , and an amount
for losses . then I will sell the tv and anything else until that responsibility is reached .

[sradmin]

Whoa... Your brother must be one childish, callous individual.

I can't advise you as to what to do, but I can certainly congratulate you for remaining calm. I don't think I could have shown that kind of self-restraint.

I am very sorry that he did this to you.

[Brad524]

he has openely admitted it to my mom and several others
so yes I can prove it

[davelin315]

Don't know what the document you're referring to is, but again, I would think about the costs. Court cases cost a certain amount of mone to file. You also have to serve him with notice of the case. You need to file, serve notice, appear in court and hope he appears as well or prove that you served him, and then you have to wait another 30 days for his appeal period to run out. After that, you need to pay to file the judgment and then you need to pay to file the lien against his property. I'm telling you, forget it. It's not worth the hassle in court. Also, you'd have to prove up the amount of damages you have and a court might not give you the money you ask for. There's a lot to a civil suit and a lot of t's to cross and i's to dot.

Again, without giving you "legal advice", I think it's a bad idea. Also, if you have over a certain amount of damage, you'd have to file in regular court, not small claims, which would mean that the rules are different and you could probably not represent yourself.

Again, I don't know Wisconsin law, but I do know that it's different from other states (for instance, anyone who graduates from a Wisconsin law school is automatically admitted to the bar which is the only state I know of that does that, but everyone else has to take the bar exam regardless of where you graduated from - you could be #1 from the #1 law school in the world and still have to take the exam).

The one thing I can tell you for sure is DON'T TAKE HIS TV. It's the equivalent of theft and he can come after you. As far as witnesses, you don't have any that are eyewitnesses, you have witnesses who can build a circumstantial case, but you can't even prove that soap was put in there. I can't imagine that you'll want to go out and hire a chemist to test your water against a bottle of soap and then write out affidavits to the effect that your damage was caused by soap. Also, remember, you might not be able to recover all of your damages, and in the long run, it may cost you as much to sue him (and possibly lose) as it would to buy a killer new system.

Again, you asked for the opinion of a legal "buff" and I'm still a licensed attorney. Again, I'm not giving you legal advice as I'm not admitted to practice in the state of Wisconsin, but my layman's opinion (and fellow reefer) is to let it go.

[Ereefic]

Break the TV, he cannot prove it was YOU who broke it.

[davelin315]

Just read your last post. You can use his admission to other's against him in civil court, but are you going to subpoena your family to court and are they willing to go and testify against him? Or even sign an affidavit which might not help as much? I know you're mad, and you can always consult with an attorney (consultations should be free of charge), but there are a lot of unscrupulous atttorney's out there that will charge you an arm and a leg and promise you the moon, but you might not get it (and I don't think you can recover attorney's fees in a small claims case). Again, good luck whatever your decision. I hope your next tank is successful!

[mickey57]

...Screw the law,this is family justice.Hide the TV,Tell your Dad what you are going to do and when he says I will get him to pay you for the stuff,say that won't work,You buy the TV for what the amount I lost and you get the money out of him,you raised him!
.....Option two.Sell me the TV for what you lost and give him my address.I will send my address and lets see what it cost to ship it.I had to teach my brother a lesson a long time ago and I know it made him a better person.We are the best of friends now
.PM me
.................Mickey

[Brad524]

I see your point

but he's stupid , and will not desire court in any way .

I would not persue it that far but a healthy bluff will be enough
and I'm thinking you did'nt get to see my last post

I will not be simply" letting it go "
but I do see your point and appreciate your " opinion"

[davelin315]

Sorry to burst a bubble again, but trafficking in stolen goods is also a crime. Taking it across state lines makes it federal (although they'd never prosecute for that amount of money...). I promise, last time I'll chime in on this one.

[Brad524]

Originally posted by Ereefic
Break the TV, he cannot prove it was YOU who broke it.

true

[Brad524]

davelin,

opinions of any kind are welcome and I appreciate your "opinion"
reply all you want .

that said I will check back in the am

thanks
Brad

[Pike]

I'm kinda with Mickey on this. Family is family & what your brother did was really low. He's still family though.

This is shooting your dog/screwing your girlfriend territory. Treat accordingly.

[tsquad]

Tell your bro's girlfriend something embarrassing.

[jarhed]

Originally posted by tsquad
Tell your bro's girlfriend something embarrassing.

Yeah, take a bottle of Acyclovir to her to deliver to him and say "he forgot his herpes medicine".

[tsquad]

Originally posted by jarhed
Yeah, take a bottle of Acyclovir to her to deliver to him and say "he forgot his herpes medicine".

[Devilshand]

fwiw, "revenge is a meal, best served cold" understanding folks,complimentary legal knowledge, support from peers,
your brother sits alone with his conscience, I'd put the new tank right next to the new big screen, and enjoy both

[derekman]

That is disgusting cowardice. I give you kudos for being an adult, but get a restraining order brother or not. If he can kill innocent living things to get back at you then he is a menace. I would disown him, not because I am mad about the tank but because he is a merciless murderer. Don't hit him because that is assault, and don't sell his TV just hold it for ransom (Mooha ha ha ha ha) Tell you mom about what he did, emphasizing the tragedy of the fatalities, and I think if you mom is anything like my mom, she will know how to work it out.

[derekman]

Hey I had a thought... if your brother is the kinda guy who
A) doesn't keep receipts
B) didn't pay with a credit card.
C) didn't insure his TV

Then maybe you now are the proud owner of a very nice TV

[TheyCallMeFishy]

I would wait for him to cool off at home, because by then your mom would find out and he is in for it.

Then have a discussion with him (make sure your mom is there) and ask to compensate for the damages. Legal battles tend to split families up, it works great on mine. And remember, we dont need courts to solve all our problems.

Bottomline is your relationship with your brother and your family should be more important than a tank, and now you get to start a fresh tank with all your XP you have, arent you lucky.

[NwG]

If you can prove he did it, and you want to go that far... report him to the law on animal cruelty charges... I have seen people do a few months in jail for kicking a dog.... maybe he would learn a lesson if he had to do a few days or pay a fine....

I am sorry things came to this, family fights are never pretty.... I have had my share..I feel for you.....

[dogfacepuffer]

You say he left the tv, but did he take all of his other stuff? If so, wouldn't the tv be abandoned, and therefore technically yours anyway. I am for making him pay for this. Seems like he took it a step too far, and even in the heat of the moment, that's not right. He should have to "make you whole again" as is often said on The Peoples Court...
Who knows, after he's cooled off from this fight, he may be willing to pay for what he did. Good luck, no matter how you decide to get your money back.

[KingsX]

1. Don't get an assault charge (congrats for not doing so yet)

2. I can see a Judge dissmissing a domestic dispute like this and tossing any anti-harrassment orders out the window, just due to the childlike behaivoir involved, not on your part but your brothers.

3. the animal rights activists might be your only real hope and he may end up in more trouble than you expect!

4. I think, and this is all my opinion and not legal advice whatsoever, this kind of falls under the 3 D's Drunk, Dumb, or Deranged, Anger management, along with some other type of counseling is definately a good idea. I know I am stating the obvious here but he does not sound STABLE at all.

5. If he can conciously or unconciously commit an animal cruelty act like this, think about the future. What would he do to a girlfriend that upset him???? Just my opinion... nothing more. J

[bonerfortuna]

When you see him, fill up the sink with soapy water and hold his head under until he swallows . And keep the TV set. To me killing animals who had nothing to do with your problems is just plain cowardly and has to be dealt with. And kick him in the asss on his way out.