Page 1 of 2 1 2 LastLast
Results 1 to 10 of 20

Hybrid View

  1. #1
    Join Date
    Oct 2013
    Posts
    91

    Default What Needs to Be Proven in Small Claims Court

    My question involves court procedures for the state of: Virginia.

    Long story short I was arrested and spent some time in jail. Im currently in a hospital after being found NGRI.

    My belongings were split between my mother, aunt and cousin who is extremely irresponsible.

    My mom got all my clothing and electronics, my aunt took my car and my cousin got my tools. A few months ago my aunt moved and couldn't take the car with her due to not having room for it so she dropped it off at my cousins house.

    When I got a chance to check on my stuff at my cousins house I found that someone had keyed a triangle into the hood, and my cousin who lays in bed in all of his free time allowed the battery to die. My aunt says the triangle was not carved into the hood when it was at her place, and I believe her because she would actually start the car and drive it around her property to charge the battery and keep the fuel from gelling up and collecting moisture.

    My tools were scattered all over the place in the toolbox, things out of place and tools even missing. I haven't had a chance to check my tools over so I don't know how much has gone missing but I use my tools to make a living so I'm not happy.

    I have decided that if I need to replace more than $100 in tools I'm going to ask for reimbursement. The car Im not worried about because I was planning on eventually replacing the hood after dropping it during and engine replacement which dented it.

    I spoke with my cousins mother this morning and explained how dissatisfied I was about my cars and tools and when I brought up reimbursement she got upset and said you dont do that to people who take care of your things and claimed if he wouldnt have took them they would of sold my tools or given them away. When I said he should've put the tools back and also asked my permission to use them she stated the family gave him permission to use my tools without consulting me.

    I have reason to believe that he won't pay me in the event I ask for reimbursement, as he wouldnt even buy a car for his daughters when they got their licenses. He left it up to his mother to do so despite having the money to do so; so I believe I may need to take him to court.

    Before anyone says anything, there is really no love between me and my cousin. He's am arrogant ass, does absolutely nothing for his kids as he sees caring for children to be a woman's job and he even brandished a firearm at me back in 2007 when I pulled into his driveway. He was high as gas and mistook me for an intruder, thinking he could shoot someone who stepped out of their car into his driveway.

    I'm just curious as to what I would need to prove in small claims court.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Needs to Be Proven in Small Claims Court

    I'm just curious as to what I would need to prove in small claims court.
    What difference does it make. You'll see a nickel from any of the low lifes even if you win.

    I suggest you gather up your car and your tools and your clothing, take them all home, and get on with your life.

  3. #3
    Join Date
    Sep 2020
    Posts
    178

    Default Re: What Needs to Be Proven in Small Claims Court

    I agree with adjusterjack, but I will also answer your question. You need to prove (1) that the person (or people) that you are suing actually caused your loss and (2) the value of the stuff that you lost. I think you will have great problems proving either.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Needs to Be Proven in Small Claims Court

    And I obviously meant "You'll never see..."

  5. #5
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: What Needs to Be Proven in Small Claims Court

    I'm curious how each person got the property they had. Did you specifically split it as you describe? Did you say "Mom, take care of my stuff" and she split it up?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Needs to Be Proven in Small Claims Court

    Isn't there also a requirement to show that Mom etc. had a DUTY to take care of the stuff?

  7. #7
    Join Date
    Oct 2013
    Posts
    91

    Default Re: What Needs to Be Proven in Small Claims Court

    Quote Quoting free9man
    View Post
    I'm curious how each person got the property they had. Did you specifically split it as you describe? Did you say "Mom, take care of my stuff" and she split it up?
    No I was living with my Grandfather whom passed away a couple of months before I got arrested. My aunt's sold his house per his will and packed up all my stuff for safe keeping.

    And no I don't expect my cousin to drive my car around. He's dumb as a rock and would most likely damage it. It would have been nice of him to go out and start it once a week and let it run for 10 or so minutes to let the battery charge.

  8. #8
    Join Date
    Sep 2020
    Posts
    178

    Default Re: What Needs to Be Proven in Small Claims Court

    Quote Quoting Hemispheres
    View Post
    No I was living with my Grandfather whom passed away a couple of months before I got arrested. My aunt's sold his house per his will and packed up all my stuff for safe keeping.
    Any beef you have is with your aunt.

    And no I don't expect my cousin to drive my car around. He's dumb as a rock and would most likely damage it. It would have been nice of him to go out and start it once a week and let it run for 10 or so minutes to let the battery charge.
    But he had absolutely not duty to do so.

    And, strangely, your dumb cousin wasn't in jail, was he?

  9. #9
    Join Date
    Oct 2013
    Posts
    91

    Default Re: What Needs to Be Proven in Small Claims Court

    Quote Quoting Zigner
    View Post
    Any beef you have is with your aunt.

    But he had absolutely not duty to do so.

    And, strangely, your dumb cousin wasn't in jail, was he?
    He's fried his brain with drugs and booze, and he's never been found not guilty of anything he's been arrested for. So yes he's a dumbass.

  10. #10
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: What Needs to Be Proven in Small Claims Court

    Says the guy who was NGRI....pot meet kettle

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Civil Procedure Issues: Small Business Filing Countersuit in Small Claims Court
    By gonzodude in forum Civil Procedure
    Replies: 11
    Last Post: 07-16-2019, 02:23 PM
  2. Jurisdiction and Venue: Case Moved from Small Claims Court to Civil Court by the Defendant
    By Sunny_AZ in forum Civil Procedure
    Replies: 5
    Last Post: 06-21-2018, 06:08 PM
  3. Replies: 3
    Last Post: 08-16-2016, 11:52 AM
  4. Service of Process: How to Serve a Small Business when Suing in Small Claims Court
    By mike1127 in forum Civil Procedure
    Replies: 1
    Last Post: 12-07-2015, 05:14 AM
  5. Security Deposits: Small Court Claims Court in San Francisco, California
    By LA20 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-03-2009, 07:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources