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She keyed my car!!

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Internutboy

Guest
I live in Virginia and about a week ago I came home [I live in an apartment complex] and while getting groceries out of the trunk of my car a lady pulled in next to me and opened her door hitting the side of my car creating a pretty nice ding. I asked the lady if she could please move her car door of of my car and she stated that "she was busy'. I told her I didn't really care if she was busy that she needed to remove her car door off of my vehicle to which she again replied "I'm busy" and then asked me "what are you going to do about it." My thought was to beat the crap out of her but I responded by saying I was going to take her tag and parking permit number and report her to management. I also told her I didn't understand her logic in thinking she had the right to damage my vehicle because she felt like it or because she was busy! She said 'whatever!" So I took my grocieries, mumble under my breath 'what a f* b*", which she probably heard and set them down in the front door, grabbed a pen and paper and went right back out to write her information down. I was gone about one minute. When I went back out and approached my vehicle she was gone and there was a huge key scratch down the side of the vehicle. I called the police they took a report - destruction of property - the officer said my story mirrored hers except she denied the key scratch and that I should take her to small claims court but that he couldn't arrest her because I didn't actually witness her doing the key scratch or I could go see the magistrate and ask for her to be arrested. I have filed the papers in court, got a subpoena for the police report [they won't give it to you otherwise - what a crock] and am set for court on November 5th. My question is do I have to have seen her do the scratch to win or will the judge make a judgement based on her behavior and common sense? Thanks for any help.
 


JETX

Senior Member
"My question is do I have to have seen her do the scratch to win or will the judge make a judgement based on her behavior and common sense?"
*** Small claims court is an informal court that usually is not required to follow the strict rules of evidence. As such, the court is given great leeway in 'assuming' facts based on the evidence presented. And based solely on your post, it is likely (in my opinion) that the court would find that she did the damage claimed. Go for it.
 

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