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X Took Hammer to Car! (CRIMINAL LAW & PROCEDURE)

Sat, 29 Jan 2005 19:42:00 GMT

What is the name of your state? CO
What is the name of your state? CO
My divorce was finalized in Dec. for over a month my ex-husband was to give my attorney a date and time to pick up my Classic and Rare car from his residence. Finally we just picked a date suggested by his attorney and sent a tow truck to pick up the car. On that date my X did not answer the door. We set a date for a week later. My tow driver called me after picking up the car to inform me that the windshield was broken with what look like a hammer and that he saw glass on the floor of the garage where the car has been.
When the driver arrived at my residence and before he lowered the car I took pictures of ALL the damage. Which consisted of the following:
Broken Wind shield
Hammer marks to the Roof, Left Front and rear fenders and door (the side of the car exposed and not facing the wall)
Broken Passenger side tail light
Stabber and ripped down headliner
Stabbed and ripped seats (ALL)
Stabbed and ripped panel doors
Broken out speakers
Glove Box ripped out
Chrome around seats beaten with hammer
Glass in front of Gages broken
Sugar in the Gas take (discovered by tow truck driver)
All four tires flattened
When I last saw the car in July (when I hired an attorney) The interior was in PERFECT condition. There was some bondo on the fenders but no other body damage. The only other problem was a small carburetor leak.
My attorney has filed contempt charges but it troubled me that the police in his city would not do anything about it. It seems to me that this is damage to personal property with malicious intent case. He did threaten to make my life a living hell if I hired an attorney. This car has been locked in his garage for the last three year (while we were still married and while we were in the divorce process and I lived at another residence) There is NO OTHER way other then HIM causing the damage. Is He liable for the damages? Given that it was in his possession, on his residence in his garage and enable to run. My lawyer seems to think so but I would like to get some advice from anyone that might have had a similar experience. I did get a statement from the driver and have pics from when he dropped the car off and from before the car was parked at his home. As well as statements from friends that have seen the car before the damage.

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  • Comments
  • Sat, 29 Jan 2005 20:05:00 GMT(1)
  • It's a civil matter. The police won't touch it because it may well have happened while it was still community property and in his care and custody. Plus, unless he amdits to whacking it, he can allege that YOU broke in one night and cracked it up.
    A criminal conviction requires guilt beyond a reasonable doubt - a civil judgment requires a preponderance of the evidence. And chances are a DA won't look at this as a criminal matter anyway ... unless you were IN the car at the time of the damage, or, the car was in YOUR possession when it happened (your yard, your garage, etc.)
    - Carl
  • Sat, 29 Jan 2005 19:46:00 GMT(2)
  • and where are the photos of your ex, hammer in hand, banging on the windshield?
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