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ACS

Member
Texas,

Client said we broke an item in her house while we were working. Workers said no they didn't. I asked her how much so I could try and take responsibility.

She told me that it is a collectable and she wants $300.00 ( the box said $28.00 )
It is a collector's Item. I have searched to find the value, can't
I have asked her to prove the price and she had the Pres. of the collectors club send me an email stating that it was $300.00 was a bargin. Expert witness? The president said that 2 sold on ebay for $300.00 six months ago but the information is no longer available to print / or provide to me for proof

Now what do I do? please advise.
Thanks again
 


divgradcurl

Senior Member
Either pay them the $300 they are asking for, or let them drag you into small claims court and see if they can prove the value (and that you broke it) to a judge.
 

ACS

Member
The expert witness is in another state. Will a judge consider a letter from the expert witness on the value, or would the witness have to be in person?

Thank you
 

divgradcurl

Senior Member
Will a judge consider a letter from the expert witness on the value, or would the witness have to be in person?
Generally, the witness has to appear in person -- the judge can't cross-examine, or otherwise asks questions, of a letter. However, with the relaxed rules in small-claims court, a judge MAY allow such evidence of value. You should try and contact your small claims court that you intend to file in, and ask the clerk whether such evidence is admissible, or if the expert needs to be there to testify in person.

Wait -- reread the initial post, I guess YOU are the one getting sued. The letter may or may not be admissible -- for the defense, you should assume that it IS admissible, and plan your defense strategy based on that, then HOPE that the judge does not let it in, or, if it is let in, doesn't lend it much weight.
 

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