My truck got keyed a month ago the kids mom said she would pay me in payments and even signed a letter I wrote out that she would pay me in 4 months , but I have not seen one penny and now she says that she is not going to give me adime and I have no proof just her word against mine. I told her she signed the letter takeing responsibility and she tells me the Judge will not go by a signature he needs proof is that true? I dont know what to believe , her sons name is Brian and there is a big B on the drivers side if my truck is that not enough?Please help I have 3 days to take her to court should I ?
2007-10-05 11:11:25 · 5 answers · asked by BulletGirl 2 in Politics & Government ➔ Law Enforcement & Police
I would need more information to tell you. Unfortunately, the level of service you get out of a JP court varies from county to county.
The letter should have been notarized. That way there would have been an affirmative legal link showing that the person who signed the paper was in fact said person.
If you have proof that the person did key your car, I would recommend filling criminal mischief charges, and ask the county attorney that as a condition of a plea or guilt finding in the case, you be reimbursed for the damages.
If not, I would also recommend reviewing the elements of your case with the constable serving your area. Constables deal primarily in "civil law" such as suits, evictions, civil process and the like.
Police Officers, State Troopers, and Sheriffs Deputies deal in Criminal Law.
I am not aware of a time requirement to file a lawsuit for the money in small claims court. Also keep in mind that the requirement for a conviction in a criminal case its proof "beyond a reasonable doubt", and in a civil case its "a preponderance of the evidence". You dont have to prove that its 100% true, only that its likely to have happened.
Good Luck
2007-10-05 11:47:19 · answer #1 · answered by J W 2 · 1⤊ 0⤋
The letter is acknowledgment of the debt that is owed to you. My guess is when she says it was not her kid - the judge is going to say "so why did you agree to pay for it if you did not think it was your kid"? She's gonna have come up with a pretty good excuse to get out of that.
It would be worth it to file in small claims court and see what happens. Be sure to take any evidence/witnesses you have that her child damaged your car. Get at least 2 estimates for repair - photos of the car and anything you have to prove her son did it. Can you call the police department now and file a report?
Call her bluff - spend the 40.00 to file in small claims and see what a judge will think of her signature.
2007-10-05 18:39:24 · answer #2 · answered by Boots 7 · 0⤊ 0⤋
You shouldn't have only 3 days to take her to court. I believe the statue for something of this manner in Texas would be 2 years. And yes, it sounds like you have a case. Did you file a police report? If not that could hinder your case but based upon the information that you provided I think the judge in a small claims court would take your side.
GOOD LUCK.
2007-10-05 18:15:43 · answer #3 · answered by labken1817 6 · 0⤊ 0⤋
The letter is evidence. Take her to small claims court. Bring the letter and tell your story. If you have told the entire story here, you have a good case.
2007-10-05 18:15:05 · answer #4 · answered by davidmi711 7 · 0⤊ 0⤋
I don't get why this is a court matter instead of an insurance matter.
It won't raise your rates as you are not responsible.
O h wait you don't have comprehensive on your vehicle.
Then yeah, go to small claims court. why would you listen to what she says a judge will say, her interests are not the same as yours. Don't be so gullible!
2007-10-05 18:46:18 · answer #5 · answered by Barry C 7 · 0⤊ 0⤋