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alnilam
Nov 10, 2009

alternatively have you considered mail fraud

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naem
May 29, 2011


haljordan
Oct 22, 2004

the corpse of god is love.






alnilam posted:

alternatively have you considered mail fraud

Go pro-tier and commit wire fraud

jemand
Sep 19, 2018

The Dregs posted:

I was hoping that Statutory Ape was the kind of rear end in a top hat who you put up with awhile hoping maybe they'll leak out some bit of poo poo-covered wisdom. Turns out he's actually really really dumb.

But I am at an impasse here, since poo poo lawyer never got back to me. Goons, I need some advice. Should I:

1. Try to find a new lawyer? (any help here would be appreciated. Google and the bar have not been helpful to me)
2. Send a letter to the tree company demanding 5k (or some other amount?)
3. Go ahead and sue the tree company in small claims?

4. Go ahead with steps 2 and 3 for the original old dude, since my poo poo lawyer seemed to think we had a case?
5. Go strait to large claims representing myself and create some comedy?
6. wait?

7. Cubone, or some other goon related thing.

Note, I don't want to gently caress the HOA unless I get real proof that they're dicks. The guy is actually really nice.

6. wait.

Because the impatient goon reaction anytime your story gets slow is pure hilarity. Although.....


SniperWoreConverse posted:


Also sap is tree blood, use it to curse the old man and the hoa and the company. This is potent tree magic trust me

This is a fantastic suggestion. Definitely tree curse magic will definitely solve all your problems, heal your tree, and get revenge. Though I suppose that involves some waiting too if the best time is Halloween. Maybe read up and do some practice magic till then?

Jombo
Feb 20, 2009
boy, are you all lucky I found this thread.

I am a lawyer who specialises in HOA law. What you need to do is find the house of the HOA president then ring his doorbell. When he answers poo poo on his doorstep while maintaining eye contact. He is obligated by his position to watch you, once you are done he will hand you a golden sceptre indicating you are the new HOA president. You are then allowed to have the mulberry pruner hung, drawn, and quartered.

underage at the vape shop
May 11, 2011

by Cyrano4747

Coolguye posted:

his literal topic line is 'how do i piss off an HOA'

the assumption that he's somehow not willing to do something annoying or jerkish is loving brain dead.

Stop importing your grudges

alternatively, read the thread

underage at the vape shop posted:

Being a dick to the dudes on the phone doesnt get you anywhere. Just an annoyed dude on the other end of the line. The tree deserves justice, justice that wont be got flaming one guy

underage at the vape shop posted:

Do you think the contractor would have spilled the beans if ops wife had yelled at him instead? Do you think the hoa would have tracked down the government contractor for the op if he had berated them?

Keep doing you op get some sweet tree law justice

you catch more flies with honey. op is not being a doormat

E: We also learned through being nice that it was in fact the government and not the hoa. imagine chewing out a dude who personally had nothing to do with it and whose organistion had nothing to do with it. Not to mention, yelling at some poor dude on the phone does absolutely to piss off the hoa. it just makes that 1 dude think you're an rear end in a top hat. complete waste of energy and effort. Maybe don't call kettles back, and maybe don't be an aggressive rear end in a top hat to people just doing their job.

underage at the vape shop fucked around with this message at 04:52 on Oct 5, 2018

Ultraklystron
May 19, 2010

Unsafe At Every Speed
Aside, if you get any push back from the county or whoever is responsible, if one or more of local TV news stations has a reporter whose whole schtick is getting in some jerks face, they might be good to contact if you get to the lawsuit stage and it stalls or you can't get to the lawsuit stage. Just saying.

Dixville
Nov 4, 2008

I don't think!
Ham Wrangler

dads friend steve posted:

OP: I have the guy who actually cut the tree on tape, saying he was hired by the county and admitting he hosed up. Based on my layman's understanding, I can probably use this in court, or at least use it as leverage for a settlement. I'm shopping around for lawyers right now.
A loving moron: Check it out, how about *pretending* to be a lawyer yourself

:lol:

Coolguye
Jul 6, 2011

Required by his programming!

underage at the vape shop posted:

Stop importing your grudges
uh

what the gently caress are you talking about

ilmucche
Mar 16, 2016

What did you say the strategy was?
This is clearly a home grown grudge, not one of the fancy import grudges which are now subject to tarifs

Khorne
May 1, 2002

The Dregs posted:

Note, I don't want to gently caress the HOA unless I get real proof that they're dicks. The guy is actually really nice.
(1) Get some drat quotes from local companies on doing whatever you want to do with your tree, things like removal+replacement or whatever plan you have for the the tree and its patch of yard. Statutory Ape was right here. It simplifies the process and provides clear, fair, local values to you and other parties. You don't necessarily have to follow through on these things later, but getting real quotes is very good.
(2) Try to find a lawyer to write a demand letter. Say this clearly to the receptionist "I'm looking to have a demand letter written for $xx of property damage." I'm not a lawyer, but 'tree law' is not what I'd aim for when someone wandered onto my property and damaged my poo poo. Pretty much any lawyer should be able to help you here except that guy you were texting.
(3) Pay this lawyer for the letter and a bit of advice. It shouldn't cost that much and should leave you with a concrete plan on how to resolve this. Also, being a real verifiable law firm helps resolve things before having to go to court.
(4) The letter will employ knowledge you've obtained about pricing, which should be reasonable pricing to fix the mistake and not including tree fruit you'd never have done a drat thing with.
(5) They either pay up or get taken to, hopefully small claims, court by you. The judge will likely side with you if you aren't making wild claims about value and tried to resolve it amicably without court.

As long as this is a good solution for you emotionally and financially it will probably work. Maybe you're leaving money on the table with this course of action, but this is how I'd approach it.

If everything fails you then have a story to tell about how your tree got wrecked, you had all the evidence in the world, and are now out a few hundred dollars more.

For #1, your goal is to get a price that you're fine with and that they'll reasonably pay without going to court. Generally, about 1/3 of people will just pay up if it seems legitimate, 1/3 will never pay without court, and 1/3 will take what they see as the best action for them. If the town is responsible, whatever offered compensation even close to fair is what I'd go with. Even if it's a bit of a lowball. The goal is to have both parties walking away feeling like they got a good deal compared to what could have gone down so that things are resolved and don't lead to future conflict.

The other goal is to get an actual fair evaluation of what must be done or what value was lost. One thing that might get you is that perhaps the tree doesn't need to be removed or replaced. It's still alive and might heal. I don't know a drat thing about trees to tell you whether this is reasonable, but I do know a lot of things in small claims court are up to the judge's discretion. A quote from an arborist might be more appropriate than the examples I gave, because they will know what to do. I know you tried that already and it didn't pan out, but if you take the approach of "I have a butchered tree and need to figure out whether I should salvage or replace it, can I get some quotes" maybe you'll get some quotes.

For #2/#3, I'd try to contact lawyers you might also want to use in the future for stuff that comes up. Lawyers are running a business. They know if you seek them out once and pay them for a small thing they don't even have to do themselves that you're likely to be a repeat customer. If they think you're some lunatic trying to get a cool million for a mullberry tree that was hardly pruned they won't call you back. Or, if they think they have to do a lot of work for something that probably won't pay out or much they won't call you back. By requesting a demand letter you've already worked out most of the details for they already know the amount of work they're doing and its cost. Hopefully the lawyer/law firm will tell you who the letter should be written to and how to follow up with court if they don't want to work something out, but you shouldn't bring either of those things up until you have to.

By the way, this technique works for any consultant: the clearer the work they have to do is and the easier it is for them to 'complete' the more likely they are to reach out to you. No one likes ambiguous, open-ended requests that could be hundreds of hours of poorly compensated work or over in 5 minutes.

For #4, look at it this way. You get a letter about some tree. It has some claims for big prices. The first thing I'd do is call some companies for quotes of my own or to confirm the quotes provided. I'd also look it up online. If the amount of money seemed too high and wasn't covered by an insurance I have, I'd be left with one option: to talk to my lawyer which I would have done anyway but I'm making a point here. "Hey, are these guys for real or just playing around?" And the lawyer is going to say for real and just pay it if the request is very reasonable. He might say show up to court because some clown with a mullberry tree obscuring a stop sign and swatting school busses might no show, but at the end of the day you're probably paying at least the cost of removal and an affordable form of replacement. Also, I'd probably try to negotiate the price and grind you down if it seemed like you weren't hellbent on vengeance/the principle of it and my lawyer said I could. Contrast that with an insanely high request. "Just get some quotes of your own, try to talk them down, and show up to court offering to pay what your quotes were for."

I'd definitely shoot for small claims court if they don't pay and it's possible. The benefit here is it's cheap to file, you don't need legal representation, and you only have to convince one judge someone wronged you and you couldn't reach an agreement outside of court. Alternatively, you can view it as only needing to convince one judge you're less of a scumbag than the other guy but that's not too applicable here. Here, the idea is you had property with value that was damaged.

I don't live in GA. Maybe no one gives a drat about trees and property laws there. I find that hard to believe, though. Especially given your neighborhood looks like suburbia. If you were living on a few acres with a forest in your backyard then maybe there's the argument that you're just trying to get money for nothing. But, you have a normal enough yard with a deliberately planted tree that you cared for.

I'd also like to go on the record saying I definitely wanted to see you get compensated extremely well for someone messing with your property. It's unfortunate that no magic has happened so far in terms of being compensated, but lots of fortunate things like 'finding out almost exactly what happened more or less fell into your lap after a few phone calls' did happen.

Khorne fucked around with this message at 14:08 on Oct 5, 2018

Kazak
Jan 10, 2012

Alternatively OP I'm pretty dece with Photoshop and Google images

pop fly to McGillicutty
Feb 2, 2004

A peckish little mouse!

I heard a news story last week about a guy cutting his lawn nude, but since he never did anything sexual the cops said that he had the right to be nude in his yard and everyone should stop looking. So maybe?

Captain Yossarian
Feb 24, 2011

All new" Rings of Fire"
Asked my dad for more info on the best tree law case he was involved in, and apparently around a lake up here, a rich homeowner next to a city park snuck onto public property and poisoned a bunch of huge, extremely old cottonwoods because he was sick of cleaning the fluff out of his central air and the value came out to something like $800k he also may have to go to prison. A victory for tree law!

Bo-Pepper
Sep 9, 2002

Want some rye?
Course ya do!

Fun Shoe
Attach a robot finger to the cut areas of your tree OP

https://www.youtube.com/watch?v=iHFVOOrcVl4

The Dregs
Dec 29, 2005

MY TREEEEEEEE!
Current plan is that on Monday I am gonna draft certified letter to the original old man, the tree company, the commissioner, and the county attorney guy. Also seeing if we can get an arborist out here for a reasonable price.

FrankeeFrankFrank
Apr 21, 2005

Say word son.
Fill the old man's mailbox with leaves every night until real tree justice can be served.

Mozi
Apr 4, 2004

Forms change so fast
Time is moving past
Memory is smoke
Gonna get wider when I die
Nap Ghost
live a virtuous life and on his deathbed that old man will realize the error of his ways and repent and ascend to heaven where he will plant new mulberry trees all over the clouds for the rest of time

DogonCrook
Apr 24, 2016

I think my 20 years as hurricane chaser might be a little relevant ive been through more hurricanws than moat shiitty newscasters
Just be aware if you try some poo poo like my tree is worth 7,999 dollars the judge is gonna punt your rear end to bigboy court. You cannot shop the jurisdiction by claiming different values. If a destroyed tree is worth 10k you cant say "well i only want 5 so lets do this in small claims."

You may have to pay for like an arborist then make that the damages.

I will not speculate on the actual value of the tree here because i dont want to be yelled at lol but the current sa tree valuation means you cant handle this yourself you need a lawyer.

slicing up eyeballs
Oct 19, 2005

I got me two olives and a couple of limes


Hey op I don't know which part of Georgia you're in but I bet the local extension office could help you out on tree prognosis - uga is really good about that stuff

The Dregs
Dec 29, 2005

MY TREEEEEEEE!

slicing up eyeballs posted:

Hey op I don't know which part of Georgia you're in but I bet the local extension office could help you out on tree prognosis - uga is really good about that stuff

I'll look into it.

Update. lovely lawyer sent me an "Engagement Agreement"

What a proposal!

The Bloop
Jul 5, 2004

by Fluffdaddy

The Dregs posted:

I'll look into it.

Update. lovely lawyer sent me an "Engagement Agreement"

What a proposal!

If you sign it you are married and he owns half of the tree

The Dregs
Dec 29, 2005

MY TREEEEEEEE!
He wants to go after the original old man, even though most of the damage he caused was later engulfed by the tree company. He says that is the only guy not protected by tort.

Fur20
Nov 14, 2007

すご▞い!
君は働か░い
フ▙▓ズなんだね!

The Bloop posted:

If you sign it you are married and he owns half of the tree

be careful op. he's trying to get the half of the tree that was destroyed, so he can get the payout and give you nothing

Sten Freak
Sep 10, 2008

Despite all of these shortcomings, the Sten still has a long track record of shooting people right in the face.
College Slice

The Dregs posted:

He wants to go after the original old man, even though most of the damage he caused was later engulfed by the tree company. He says that is the only guy not protected by tort.
Hell yes. I figure that tree would be fine had old man not started his crusade.

Bold Robot
Jan 6, 2009

Be brave.



I would talk to another lawyer before signing a retainer with that guy. Based on what you have said in the thread it doesn’t sound like he is doing a very good job.

The Dregs
Dec 29, 2005

MY TREEEEEEEE!

Bold Robot posted:

I would talk to another lawyer before signing a retainer with that guy. Based on what you have said in the thread it doesn’t sound like he is doing a very good job.

Yeah I don't think he is. Ill try a bunch of calls again before I sign the engagement.

Bold Robot
Jan 6, 2009

Be brave.



The Dregs posted:

Yeah I don't think he is. Ill try a bunch of calls again before I sign the engagement.

I would emphasize the video evidence that you have of tree guy admitting he hosed up and try to keep it simple, like don’t get into any speculation about the big Tree Law windfall payday. The tree means a lot to you, a guy admitted on video that he came on your property and cut too much, you’re worried about the cost of replacing or fixing the tree, you want to know your options. Doesn’t have to be more complicates than that.

i like that
May 22, 2016

by FactsAreUseless
"Render unto Caesar what is Caesar's" thus interpreted in your situation you have to move. "live free or die"

i like that
May 22, 2016

by FactsAreUseless
Have you thought about finding out who complained about your tree and punching them in the face and choking them out and informing them if they touch your property again you will kill their family?

Khorne
May 1, 2002

DogonCrook posted:

Just be aware if you try some poo poo like my tree is worth 7,999 dollars the judge is gonna punt your rear end to bigboy court. You cannot shop the jurisdiction by claiming different values. If a destroyed tree is worth 10k you cant say "well i only want 5 so lets do this in small claims."

You may have to pay for like an arborist then make that the damages.

I will not speculate on the actual value of the tree here because i dont want to be yelled at lol but the current sa tree valuation means you cant handle this yourself you need a lawyer.
Georgia small claims goes to $15k, and my post was based on the idea it was in the <$10k range. That's well within small claims range.

The OP doesn't really have an estimate of its value other than one he managed to calculate himself. I'd definitely get professional opinions. I'm surprised there's no goon arborlord here to throw out a good estimate.

I also know the value could be estimated much higher. I did read the thread.

Khorne fucked around with this message at 22:40 on Oct 5, 2018

ultrafilter
Aug 23, 2007

It's okay if you have any questions.


i like that posted:

"live tree or die"

FTFY

SniperWoreConverse
Mar 20, 2010



Gun Saliva
Opp don't let the sap from the tree wound into the soil. It's fine for the soil in smaller amounts, and it attracts pests, but the real reason is your land will be polluted with the injury and resentment and that's a powerful self own of a curse.

What you should do is collect all the sap that comes off the tree and doesn't contribute to healing, and then slowly dry it and use it to lacquer a ball bat and beat up everyone involved.

jemand
Sep 19, 2018

SniperWoreConverse posted:

Opp don't let the sap from the tree wound into the soil. It's fine for the soil in smaller amounts, and it attracts pests, but the real reason is your land will be polluted with the injury and resentment and that's a powerful self own of a curse.

What you should do is collect all the sap that comes off the tree and doesn't contribute to healing, and then slowly dry it and use it to lacquer a ball bat and beat up everyone involved.

Yeah dude, you need to collect and use that sap. Maybe print out some pics of the house of the old dude who first messed with your tree, chop them into pieces and then soak them in the sap. Interleave them with leaves of dandelion and plaintain and stuff which functionally would be a blessing to convert the sacrificed life power of the thre to such fantastic plants in a given location.... But old man in the HOA is going to totally freak to be blessed with millions of dandelions so that works.

Vaginal Vagrant
Jan 12, 2007

by R. Guyovich
It'll be cool if you can get an amicable settlement with the tree company or the county, or failing that a win in small claims. It's after that the fun starts and that old dude gets what's coming Cubone is what's coming.

SilvergunSuperman
Aug 7, 2010

So Cubone is basically Papobawa?

McGiggins
Apr 4, 2014

by R. Guyovich
Lipstick Apathy
OP person, I wanna hear more about whatever the things are, eh what.

Did you sue the government and get imprisoned for your temerity yet?

(USER WAS PUT ON PROBATION FOR THIS POST)

Burt Sexual
Jan 26, 2006

by Jeffrey of YOSPOS
Switchblade Switcharoo

McGiggins posted:

OP person, I wanna hear more about whatever the things are, eh what.

Did you sue the government and get imprisoned for your temerity yet?

What is this garbage single post? Look forward to the follow up.

Platystemon
Feb 13, 2012

BREADS

FrankeeFrankFrank posted:

Fill the old man's mailbox with leaves every night until real tree justice can be served.

WTF don’t mess with federal property.

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dkj
Feb 18, 2009

Platystemon posted:

WTF don’t mess with federal property.

Coward

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