WWYD re: trespassers, probably neighbors

Patchouli · #**381** 11/27/13, 04:54 PM

Since you already filed a report with the police I would send them the letter and information you have collected and just ask them to add it to the file. You can even let them know you plan to file in small claims court and you just want them to have a record of the information too in case there is another incident.

Common Tator · #**382** 11/27/13, 05:10 PM

Quote:

Originally Posted by Rustaholic

Common Tator, You really NEED to edit that last Paragraph.

Is it better now? As usual, autocorrect changes words, and I don't see them until after I've posted.

Rustaholic · #**383** 11/27/13, 05:16 PM

Much better. At least she is still alive,,,,,

The_rpp · #**384** 11/28/13, 03:35 AM

Please do not forget there are statutes of limitations. In cases like this, it may be as short as 6 months. perhaps less depending on the state and the alleged offense. This applies to both criminal (the trespass) and civil (a small-claims suit).

Defendants will often bluster and make threats, but thy usually amount to nothing in cases like yours.

Also, since you have identified who some of the other people are in the photo, via the doctors statemetns, you should sue the parents of those kids as well. Believe me, nothing gets a person's attention quite like a process server at 6:30 in the morning.

If you do this, word will spread. The real question is who's word will be spread? When you file suit, consider contacting your local paper to make sure that it is YOUR story that gets associated with these claims, not the doc bad mouthing you. (Once a suit is filed, it becomes a public record.)

Good luck.

Riverdale · #**385** 11/28/13, 06:52 AM

Quote:

Originally Posted by Rustaholic

I hope you do not ever need that doctor.

Sounds like she'd steal my kidneys and sell them on the 'black market'.

Riverdale · #**386** 11/28/13, 06:58 AM

Quote:

Originally Posted by Common Tator

I checked the PO box, and there is a letter from the doc, with a check for a fraction of what I asked for. She claims she only took enough for a pie. She claims that there were no apples in the backpack and just a few in the tote.

She also claims that in 1994, a friend took her to the ranch, and told her to ignore the no trespassing signs, because it was National Forest. That was the year the SDA folks sold the ranch. And they are the only ones to ever give me the excuse that it "reverted to National Forest". She also claims that the public trail that goes around our property without ever coming closer than 1/4 mile of our place, actually goes through it. In reading through her four page letter, virtually none of her claims are correct.

And then she chides me that I don't own the whole trail.

I've got some thinking to do, and some writing.

But when I opened the envelope and pulled out the check, hubby's eyes lit up, and he yelled "take it, and send her a thank you card!" He is excitable around checks.

I need to reread the letter and formulate a reply. I will probably be sending the check back, along with corrections to everything she said that is wrong. I don't need her to be out repeating to others the misstatements that she said to me about the public trail coming through our property. I will negotiate on price, but it won't accept what she sent.

As much as I hate to say this (due to the 'suehappiness' of our litigious society), sue her for the maxium amout allowed by law.

DO NOT cash her check, keep it for evidence.

Riverdale · #**387** 11/28/13, 07:08 AM

Quote:

Originally Posted by Common Tator

No offense taken. She won't be back. She's been stealing from me for years, I now know.

Think about it. It is a long, dry thirsty hike, through rugged terrain. By next apple season, we will have improved our fencing so that she couldn't possibly get through it. She is getting on in years, and is quite obese. Probably quite sedentary most of the time. In her letter, she said she hasn't been well, and it believe it. She doesn't look healthy in the trail cam shots.

This experience, being caught like this has been humiliating to her already. She knows that I showed her picture around to get an ID. I told her that in the last letter. I also told her that I provided the picture to the sheriff, and told him I wanted to prosecute. She knows that. That will be running through her head when she interacts with people from that small, tiny little berg she lives in. Who saw those pictures? Who knows what I did?

And this will be very costly for her. I may get what I am asking for. I may get less. I certainly won't get less than the check she already wrote. So she will have to explain herself to a judge. She will have to take time off from her busy medical practice to o to court and explain her actions.

She isn't going to want to go through this again. And I am going to be getting reimbursed.

That's why Fagin had Oliver Twist...... just sayin'

Riverdale · #**388** 11/28/13, 07:18 AM

Quote:

Originally Posted by Common Tator

Here is a copy & paste of what the doc would face if the Sheriff were to act.
Under section 602.8 of the California Penal Code, a trespass on a farm or ranch is an infraction punishable by a $75 fine for a first offense, and by $250 for a second offense. A third or later offense is a misdemeanor that carries a penalty of imprisonment in the county jail for up to six months or a fine of up to $1,000, or both.

And that money would go to the state. It doesn't compensate me for my losses.

At this point, I see these options.

1. Accept the check and be done with it.

No. I don't like this option. The check is for less than my actual damages. She has been doing this for years. She has brought others to our ranch, taught them how to get there. In her letter, she twisted the truth to the breaking point to justify her actions, if she were to repeat the things she said to others, they may come looking to steal apples too, thinking that this ranch and orchard in neat rows just sprung up in the Forest.

2. Take her to small claims court and ask for the full amount.

I'll probably get it.

3. Take her to small claims court, and press the sheriff to do his job. If he were to do so under the law posted above, he would treat it as a first offense, there would be a record of it with the state. She would pay a $75 fine.

I may press the sheriff to act after I win the small claims case. I have no idea if he will do anything, but I can ask again. If I call the Sheriff's Department, they will refer it back to the same guy for two reasons. He is in charge of the rural crimes task force, and he is the guy assigned to our local area. He isn't an unreasonable guy. I think he blew it off because it's just "small apples" to him.

I don't want to give the impression that there is any threat of criminal action to the doc if she doesn't pony up. If I were to press for the sheriff to act, it wouldn't benefit me in any way, other than to create a premanant record. And I do want a permanant record. She probably won't come back, but if she did, I want that to be a second offense. And the Sheriff already knows all about this. I sent him the pictures and called him before I wrote to the doc.

CT, she has admitted to serial tresspassing. Tell her to pay the full amount and to stay off your property OR you will procede with the full weight of the law. Find out who theose kids were and ask their parents if they desire their offspring to have criminal records at a young age.

But hey, I'm not a nice person if you tick me off......

Common Tator · #**389** 11/28/13, 07:34 PM

I would really like to find a source for cheap, broken trail cameras. Set them up in fairly obvious places. And put the good cameras more concealed, but in places where they will get good shots. So if the trespassers want to steal or destroy the obvious camera, I'll get good pictures of them doing it.

Sawmill Jim · #**390** 11/29/13, 10:26 AM

Well here you can walk in the local PD and sign a warrant for them

Make em do their job . Also a thing called the State Police

wottahuzzee · #**391** 11/29/13, 02:18 PM

Quote:

Originally Posted by Common Tator

I would really like to find a source for cheap, broken trail cameras. Set them up in fairly obvious places. And put the good cameras more concealed, but in places where they will get good shots. So if the trespassers want to steal or destroy the obvious camera, I'll get good pictures of them doing it.

You might post down here about the broken trail cams. They might have some ideas. Heck, you never know -- somebody might have one or two they would send just for the cost of postage.

http://www.homesteadingtoday.com/great-outdoors/

Pearl B · #**392** 11/29/13, 02:29 PM

Quote:

Originally Posted by Common Tator

I would really like to find a source for cheap, broken trail cameras. Set them up in fairly obvious places. And put the good cameras more concealed, but in places where they will get good shots. So if the trespassers want to steal or destroy the obvious camera, I'll get good pictures of them doing it.

Amazon has some fake cams, a few cheapies on up. Good Luck
http://www.amazon.com/s/ref=nb_sb_ss...ty%2Caps%2C511

Echoesechos · #**393** 11/29/13, 11:38 PM

I went back and looked wand you started this thread on 10/11/13. Have you called the sheriff's back? You definitely are giving them more latitude than most. I think at this point you will have to call the sheriff's office again or forget about it. They won't call at this point, probably think it's not important to you, cause you haven't called them again. The longer it goes the less validity it has in their eyes, maybe even the good doctors. I hope it works out for you but the longer it drags out I'm losing hope for a good resolution for you.

wottahuzzee · #**394** 11/30/13, 12:35 PM

Common Tator is very methodical. She finds the proper procedures and follows them, and she also gives people a chance to make things right. She will handle this in her own way and own time and most likely come out on top, a la the Captain Dreadlocks thread.

Yeah, I, too, would like to see headless torsos flying through the air, fire and brimstone raining down on the evildoers, great wailing and gnashing of teeth, but Common Tator has this under control. Let's just wait and see.

Common Tator · #**395** 11/30/13, 04:40 PM

Quote:

Originally Posted by wottahuzzee

You might post down here about the broken trail cams. They might have some ideas. Heck, you never know -- somebody might have one or two they would send just for the cost of postage.

http://www.homesteadingtoday.com/great-outdoors/

Thank you! I posted there!

a'ightthen · #**396** 11/30/13, 04:42 PM

Quote:

Originally Posted by wottahuzzee

Common Tator is very methodical. She finds the proper procedures and follows them, and she also gives people a chance to make things right. She will handle this in her own way and own time and most likely come out on top, a la the Captain Dreadlocks thread.

Yeah, I, too, would like to see headless torsos flying through the air, fire and brimstone raining down on the evildoers, great wailing and gnashing of teeth, but Common Tator has this under control. Let's just wait and see.

I'll agree ... just bores the the 'ell out of me.

Tater has surpassed my patience.

I'm more like " I did not ask for it .. ye did " And it ends now.

Weird that I now get errors galore in a separate window ... perhaps just a sign of the times?

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Almost burnt out by this.

unregistered5595 · #**397** 11/30/13, 05:00 PM

Quote:

Originally Posted by wottahuzzee

Yeah, I, too, would like to see headless torsos flying through the air, fire and brimstone raining down on the evildoers, great wailing and gnashing of teeth, but Common Tator has this under control. Let's just wait and see.

Headless torsos flying through the air, fire and brimstone raining down on evildoers, great wailing and gnashing of teeth--sounds like we need a different thread for all of that!

I like that Tator is calm and methodical. What gets me is that the sheriff dropped the ball. And they will continue unless they are served up more evidence on a platter, perhaps with a bow on top. They aren't doing their jobs.

Common Tator · #**398** 11/30/13, 06:11 PM

I don't mean to bore the heck out of anyone. Sorry bout that! I emailed the Sheriff about some more Trespassers that I got pictures of, and asked him about the doc.

unregistered41671 · #**399** 11/30/13, 06:17 PM

Tator, I am sure no one here is bored reading about 'The Adventures Of Tator'. We are usually waiting a looking for a new entry or post with baited breath.

empofuniv · #**400** 11/30/13, 08:16 PM

Quote:

Originally Posted by Possum Belly

Tator, I am sure no one here is bored reading about 'The Adventures Of Tator'. We are usually waiting a looking for a new entry or post with baited breath.

Here Here!

We are ready to boo hiss boo! the doc and Hooray! Tator.

I'm still on the fence about the Sheriff.