How to defend against small claims stating I damaged a wooden retaining wall.
The wooden retaining wall is 4 feet tall and a section is failing. Neighbor claims I damaged it by throwing cinder blocks against it. He took picture of cinder blocks next to wall but they were only sitting next to it.
The burden of proof is on the complaining party. They have an obligation to show that you caused the damage they allege, and the amount of harm it involved. You have the right to demand that they provide to you copies of any evidence they have, including testimony, by means of a deposition. They have the same rights against you.
You must file a response or the other side will win automatically. You must file this no later than 14 days after having been served with the complaint. If the amount of the claim is high enough, you can request that the case be moved to circuit court ("big-boy court", we call it, as opposed to the toddler's environment of small claims). You can then hire an attorney to handle the case for you. If you win, the plaintiff could be ordered to pay your attorney fees and costs. (Of course, if they have no assets to take, then this award won't mean much.) If you're stuck in small claims court, then you can't have an attorney representing you directly, but you can still consult with one in private for advice. This is a much better idea than asking for specific advice on the internet. This forum is not private. Your adversary could well be reading all this. So don't get into specifics. Talk to someone in private.
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Jay Bodzin is licensed to practice law in the State of Oregon and... more
Please read the following notice:
Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
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You don't have a legal matter unless neighbor trades some kind if action. You have a neighborhood issue that is better resolved over a cup of coffee than a court.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and... more
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
Residential property is real estate that has been developed or zoned to be used for living, such as single family houses, apartments or mobile home parks.