L. Joel Baxter
Junior Member
undefinedWhat is the name of your state?
New York
Follow up to my long-winded summary of events "Small Claims Frustration" posted 4/16/05........Son & friends absolutely 100% guilty of throwing 3 eggs at parked vehicle ...no issue...Original Criminal Court judge OBLIGED to punish wrong-doers (with my blessing) but REDUCED damages 10 fold since claimant simply COULD NOT demonstrate/convince judge or anyone else that ONE egg could in any way,shape, manner or form POSSIBLY fly over a parked SUV, strike side view mirror on opposite side with such impact/force as to separate BOLTED-ON METAL from vehicle and smash mirror. "It just did."
Question #1 - Am I wrong in expecting claimant (who has sued my son and WON damages in criminal court) to present credible evidence in small claims proceedings AND am I wrong in expecting small claims judges to demand proof of any allegations? In both small claims proceedings neither judge has demanded to see ANY evidence other than the original police report (which corroborates the 3 eggs and position of my son's car passing by slowly), 3 written repair estimates, five out-of-focus, amateur polaroid pix of the alleged damage on BOTH sides of claimant's SUV... Claimant says something happened, 2 small claims judges accept it as fact... ????
Claimant has never proved he owns vehicle, has never submitted proof of insurance, only the judge in the criminal court has ever even asked to to "eyeball" the vehicle in question (he couldn't since claimant conveniently "took it off it off the road " in November) ....we knocked ourselves out and submitted to the trial de novo judge CLAIMANT'S original, sworn statement submitted within the hour of the original vandalism, CLAIMANT'S sworn testimony from criminal court /restitution hearing ...we suspected details would change...and they did...my son speaking on behalf of his friends admitted their presence and their guilt in throwing 3 eggs but were understandably reluctant and upset in having to pay for damages they never caused ( same conclusion of criminal court judge) by their foolish, callous and, yes, criminal, act. Whew!!
Question #2 - Is legal principle to "restore" one who is /or whose property is damaged OR to "enrich" and "make better than before?"
Question #3 - Are people ever tempted to exaggerate actual damage in vandalism cases?
Question #4 - Might small claims judges be aware or suspect inflated claims and ask for evidence and believable explanations from claimants? Ex: eyewitness, photos, vehicle history... I understand that small claims courts require lesser degree/ level of evidence, but is it right merely accepting claimant's version without SOME proof to substantiate claim?
Question #5 - Why won't either judge challenge claimant and suggest possibility of pre-existing damage? We know claimant is not telling the "whole truth"....obvious his reluctance to describe in any detail how damage occurred besides shrugging shoulders and uttering "I don't know. " is borne of childish insistence that his version is just the way it happened.
Question #6 - Should my son and 2 friends appeal/ continue? Invest more resources and time because what claimant is doing (In my opinion, it is just as wrong as the egg throwing/vandalism which started the whole mess.) or just throw in the towel, pay the damages and chalk it up to experience?
New York
Follow up to my long-winded summary of events "Small Claims Frustration" posted 4/16/05........Son & friends absolutely 100% guilty of throwing 3 eggs at parked vehicle ...no issue...Original Criminal Court judge OBLIGED to punish wrong-doers (with my blessing) but REDUCED damages 10 fold since claimant simply COULD NOT demonstrate/convince judge or anyone else that ONE egg could in any way,shape, manner or form POSSIBLY fly over a parked SUV, strike side view mirror on opposite side with such impact/force as to separate BOLTED-ON METAL from vehicle and smash mirror. "It just did."
Question #1 - Am I wrong in expecting claimant (who has sued my son and WON damages in criminal court) to present credible evidence in small claims proceedings AND am I wrong in expecting small claims judges to demand proof of any allegations? In both small claims proceedings neither judge has demanded to see ANY evidence other than the original police report (which corroborates the 3 eggs and position of my son's car passing by slowly), 3 written repair estimates, five out-of-focus, amateur polaroid pix of the alleged damage on BOTH sides of claimant's SUV... Claimant says something happened, 2 small claims judges accept it as fact... ????
Claimant has never proved he owns vehicle, has never submitted proof of insurance, only the judge in the criminal court has ever even asked to to "eyeball" the vehicle in question (he couldn't since claimant conveniently "took it off it off the road " in November) ....we knocked ourselves out and submitted to the trial de novo judge CLAIMANT'S original, sworn statement submitted within the hour of the original vandalism, CLAIMANT'S sworn testimony from criminal court /restitution hearing ...we suspected details would change...and they did...my son speaking on behalf of his friends admitted their presence and their guilt in throwing 3 eggs but were understandably reluctant and upset in having to pay for damages they never caused ( same conclusion of criminal court judge) by their foolish, callous and, yes, criminal, act. Whew!!
Question #2 - Is legal principle to "restore" one who is /or whose property is damaged OR to "enrich" and "make better than before?"
Question #3 - Are people ever tempted to exaggerate actual damage in vandalism cases?
Question #4 - Might small claims judges be aware or suspect inflated claims and ask for evidence and believable explanations from claimants? Ex: eyewitness, photos, vehicle history... I understand that small claims courts require lesser degree/ level of evidence, but is it right merely accepting claimant's version without SOME proof to substantiate claim?
Question #5 - Why won't either judge challenge claimant and suggest possibility of pre-existing damage? We know claimant is not telling the "whole truth"....obvious his reluctance to describe in any detail how damage occurred besides shrugging shoulders and uttering "I don't know. " is borne of childish insistence that his version is just the way it happened.
Question #6 - Should my son and 2 friends appeal/ continue? Invest more resources and time because what claimant is doing (In my opinion, it is just as wrong as the egg throwing/vandalism which started the whole mess.) or just throw in the towel, pay the damages and chalk it up to experience?