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last year, I was invited to 'live' down in Lancaster, PA with a few furs, ammeture artists.

Sweet deal.

Things started going sour when 'Misako' (Rose Garza), the girlfriend of the kid i housed with, went off her medication because in her own quote 'It makes me feel less crazy creative'

Her boyfriend, a complete stereotype of a stoner, went along with her 'paranoia and delusions' untill I got unexpectantly forced out one night, not allowed to take my belongings, aka art and etc. I also was forced to quit my job that night because of this 'illegal eviction' of NO notice.

When I returned for my 'baggage', it was 'gone through', and items were removed. ALL my art was stolen and my scrapbooks. This was stuff I made and collected since I was 4. Worst of all, the last photograph of my dog, how fucking sad...

When I tried pleading with her she said that she un-litterally 'threw it away, meaning 'tossed it somewhere in her room'. Then she tells me that she will 'sell' it back to me, peice by peice.

Time goes on, and many contradictory and insane sheezyart posts later, and she has 'burned' ALL my stuff. Rubbing it in my face, and telling folks of sheezy that i am the 'art theif' (though I have nothing) because I once printed out references of anthro art from DA. (aka references meaning, signed, cruddy black and white copy, and with the url at the bottom of the page.)

Her BF, 'Yotey Smotey' (Chris Nieto) starts harrassing me, then it results in untriggered DEATH THREATS. (He's on a restraining order.) Soon, Misako tried to get all of my old friends to 'see it her way and never hear my story'. This results in her trying to get me banned from conventions on contradictory allegations in which she asseses proof that she stole from me, none of which makes sense.

Though, a seemingly docile spirit, Eileen Nieto, Chris Nieto's mother, took responsibility for both their actions and agreed to reimburse me $32,000 for damaged property and art. A talented pastel copier, she is constantly taking orders from her retarded husband, which takes orders from his son, who takes orders from Misako... a long rope of ties, huh?

Well, Eileen recently stated in an email:

Hey!!! How ya doin!!!
Really I do care!!!
But I was kind of mad you keep pushin me to send you money!!
Ill tell you somethin!!!! I really never had to give you a dime!!! That
probably makes you mad a lot
cus of all the stuff you lost that had sentimental value but thats how
it
goes when you move from
place to place and Im really sorry about it but I cant be responsible
for it
anymore... It was a long
time ago and I have a lot more issues to deal with anyway...Not to say
your
not important to me
but I dont think Im much value to you as a friend... I do love you as a
human being and I worry
about your wellbeing but my life is a mess same as yours...
At thanksgiving I was intendin to call you back but I got home really
late
with another bad headache
and for real I forgot...sorry...
Anyway, I dont think theres much I can do for you now so if you still
want
to talk Im here byt thats
all I can do for you!!!
Be safe and know I think about you ... EILEEN


Ok, lawsuit? how do I go about this?

How do you price VERY SENTIMENTAL VALUED art in court? I never sold art before, and there are few who have actually seen these pictures. I would call her acts 'arson' in torching everything I ever made and worked for, but wtf?

I want my life back... I want my memories... her doing this intentionally, hurts me so much...
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Comments

( 20 comments — Leave a comment )
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thegentilcat
Dec. 21st, 2005 08:39 pm (UTC)
Here's an idea...
...how about we stick to the topic at hand instead of bringing up past issues, hmm?

In regards to your plight, unless you have some form of evidence to back up your claims that these individuals had indeed destroyed your personal property while you had been living with them, you have no grounds to place a lawsuit on them.

As far as I know (and I'm not a legal expert, so I could be wrong), the courts will not issue one on hersay alone - so I think your out of luck.
mix_hyenataur
Dec. 21st, 2005 11:54 pm (UTC)
Re: Here's an idea...
My proof: Emails and etc.

Basically, Spencer from Sheezyart, (owner), froze Yotey's accounts after the death threats. Therefore, the proof of him and her saying that they did it on purpose to 'get back at me' (for whatever reason still heavily unknown) is still there. This includes IP addresses and more solid information that it was them behind the computer typing that info at the time.

As soon as i started to talk with a lawyer, my email account was hacked, slashed, and burned. (aka, everything ws deleted except for one email to my lawyer, regaurding them. So I know they are still taking stabs at me.)

"...how about we stick to the topic at hand instead of bringing up past issues, hmm?"

Thanks...

Just to clarify for those, this was before I ever knew that LiveJournal existed. So please don't post that you're not going to give your full 2 cents because you dislike my LJ posts, it's really retarded. If you don't have anything helpful to post, don't post anything at all please.

As for "I never sold any art before", I meant that as from that point in time and before, in that set of style. I don't reclaim 'found art' peices that I post on Furbid to count for what i did in the past beause it's 2 totally different styles. I'm talking about selling the same style before that date.
synchra
Dec. 21st, 2005 01:06 pm (UTC)
D: holy crap.
tbpnemo
Dec. 21st, 2005 02:42 pm (UTC)
That's fucked up. Did you ever actually get the money from her mother?
mix_hyenataur
Dec. 21st, 2005 11:38 pm (UTC)
Though she promised, no.
tbpnemo
Dec. 22nd, 2005 12:42 am (UTC)
Start calling lawyers, esse.
foxstar
Dec. 21st, 2005 05:24 pm (UTC)
HOLY FUCKING SHIT.
Fuck the lawsuit, you need to get some friends, guns and go back for a visit.

Jesus christ, how did they "force" you out without your stuff though? It sounds like RIGHT THEN, you should have called the cops.
lupusetgruis
Dec. 21st, 2005 07:06 pm (UTC)
If you have good solid proof, you should go on one of those TV courts. Then we can lol at the furries and you can get some monetary compensation (provided you have aforementioned proof). I would suggest small claims court ... you can claim this as property damage ... but if you're actually looking for $32k, that's too much for SCC, and it's probably gonna cost you that or more to get a lawyer, etc., etc.
awillowweeping
Dec. 21st, 2005 07:20 pm (UTC)
the only thing i can think of doing is to call a lawyer and get advice, it sounds like theft, wrongful eviction, and theft.
kjorteo
Dec. 21st, 2005 08:21 pm (UTC)
I'm sorry, but it's impossible for me to not consider the source here. It's like, this is a terrible story, and assuming it's true, I do feel sorry for anyone who would have to go through that. That would suck. Seriously. However, I don't like you, and that makes it a lot harder for me to get behind this than if an identical post were written by someone I'm warmer toward, or even I've never heard of.

Does that make me a bad person?

(Probably yes.)
mix_hyenataur
Dec. 22nd, 2005 12:06 am (UTC)
Only past sadness can bring out a future evil in someone.

Are you a bad person? I can't attest that. But your morals are wrong.

In my time, I've seen shamans come to aid known killers and other marked men, having the townsfolk wonder why he does so.

Because he needs help...
----------

I've had a real shitty past of abuse and wrong morals (ec: I grew up with KKK influence). I take to the internet to vent, so I'm a coplete asshole online. Talk to those that know me in real life, and some if not most will say that I'm the sweetest, funnest, and nicest, and most caring person that they ever met.
kjorteo
Dec. 22nd, 2005 12:50 am (UTC)
When he and I were both about twelve years of age, one of the worst bullies in my entire city hung himself. To this day, my only reaction is wishing he had done that sooner, before he inflicted as much damage on me as he ultimately did.

I did feel kind of bad when the tree they planted in his memory got bulldozed to make room for a new wing for the local elementary school, but only because I felt bad for the actual tree. I'm kind of an environmentalist hippie like that. Otherwise, it would have been hilarious.

Don't get me wrong, taking crap from my classmates for as long as I did made me sympathetic toward horror stories and injustice. Assuming you're not lying, I'm very sorry to hear what you go through. That sucks and I wouldn't wish it on anyone. It's just that while I'm a pretty approachable guy when just meeting people initially, forgiveness is not one of my stronger traits once you're on my bad side.
mix_hyenataur
Dec. 22nd, 2005 01:16 am (UTC)
Yeah, it does suck. I still don't know what they are rumouring about to other people/artists, but it is pretty nasty and seemingly very false.

Aside, I'm sorry for what I did to you, if I knew what it was. I don't mean to get on your bad side. -.-...
pagedog13
Dec. 22nd, 2005 01:45 am (UTC)
I really despise you, but that is fucked up. Get a lawyer.
glennoar
Dec. 22nd, 2005 06:07 am (UTC)
Holy... That is absolutely terrible.

And to think that I've communicated with Misako on several occasions. Yeesh.
mix_hyenataur
Dec. 23rd, 2005 02:43 am (UTC)
She's cool... when she's on her medication.

Which she wasn't at the time.
mix_hyenataur
Dec. 23rd, 2005 03:04 am (UTC)
Her 'art' is mainly a RIP-OFF from Poofy-wolf and Jen-seng.

Sorry, but it really is.

Yotey's art is cool and hopefully original, but I seriously don't know what his beef is with me. I think it heavily lies on Misako bullshitting to him.

Zinku, another once-great friend of mine, hates my guts now. She won't tell me why, just "How could you do that to her?"

And I'm like "...ftw? You dare accuse me of something without hearing my side to it, and not telling me what her say is? How can I ever defend myself against un-said allegations?"

She doesn't respond. No one does. They think I'm supposed to know. Bullshit, i don't.
-----

How does 'this' fit here?

1. Physical 'Art Theft'
2. She admits to scamming others.
. a. She states that while under commishion from her, she can take your money and still deny you your picture.

taedingo
Dec. 22nd, 2005 03:17 pm (UTC)
I don't mean much offense by this, but it sounds like you have no evidence. If your e-mails got deleted, they were succesful in getting rid of said evidence, no matter how unfair it is. A court would likely ask for reciets on paid rent and the contract on the appartment, if your name wasn't on the contract, you can be kicked out without it counting as eviction. If you do take this do a legal level, I'd expect you to need the e-mails printed out with IP adresses logged automatically, not manually typed in, rent reciepts and a copy of the old apartment contract. If you don't have these things, or if you say it was all verbal contracts, they will likely tell you it's all just a valuable life lesson, no matter how much you trust sombody...have your name on the contract, keep the reciepts and put everything on record. You probably should have taken action right after all this happened.

Also, $32,000 is a recidulous amount for sentimental value, I don't think a court would ever grant more than one or two thousand for sentimental value alone. Large payments like that are almost always attributed to medical problems caused by whoever your sueing.
mix_hyenataur
Dec. 23rd, 2005 02:49 am (UTC)
It doesn't matter if it was $32 or $32,000, she agreed to pay that amount out.

The damage was intentional, not accidental. I'll be suing for job loss, death threats, arson/intentional property damage by fire, illegal eviction, broken contracts (verbal contracts still hold up in court as long as both sides agree, and I have proof in emails, therefore being a written contract.)

There stands the question, how much does art cost? Can you put a price on it?
taedingo
Dec. 23rd, 2005 03:44 pm (UTC)
If she had no lawyer of her own, and you had a great one, I'm sure that could work. Anything is possible if your representing yourself. Any lawyer can pick apart un-official contracts with a blindfold on.

Death threats and arson...do you plan on getting them charged for this by the police? Because I'm not sure you can sue for death threats and wreckless burning, those are charges. You can sue for mental anguish and the value of the property you lost, though. Despite your agreement with her for $32,000 they would simply say that it was un-lawful or doesn't make sense considering the circumstances.

As for the art, I can put the same price the on it that a court would. Somewhere around $1 each? You have no proffesional art training...and unless you can prove that your art sells for alot of money, your going to get a very small ammount for it.

I'm not trying to be mean at all...it's just really not much of a case. You'll lose or win a small ammount...wich your lawyer will cost you.
( 20 comments — Leave a comment )

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