jbarnhart5
Junior Member
What is the name of your state (only U.S. law)? Colorado
I am being sued in El Paso County small claims for something that happened on Fort Carson, a US Army installation. The installation is considered to be within the county limits, but it is a federal installation. My 14 year old step-son was accused of throwing a rock and breaking a windshield in my neighborhood in June of 2008. Several teenagers were present when the lady who owns the car asked me to pay her deductible for the windshield. They all said at the time that my son, Logan, had not thrown any rocks, and that none of them had seen the windshield get broken. The military police investigators asked if Logan would give a statement the next week, and I tried to schedule a time. Finally, the investigator said that it didn't matter if he came in or not, because no blame would be assigned in the case. I then received a certified letter in September asking for $100 because the police report had concluded that Logan was responsible for the damage. I have a copy of the report and none of the statements are included from any other child. All it says is that Logan broke the windshield and that the case is closed. It also has a signature from the Fort Carson civil liaison saying "no action taken". I never received a bill from the plaintiff, and she never showed me anything stating that the windshield needed to be replaced from an automotive expert. She just asked for $100. Now I am named in a small claims suit along with my step-son, and the server gave the papers to my wife when neither of us were home.
My questions are: Does a county court have jurisdiction over a incident that happened on a federal installation? The attorneys and the Staff Judge Advocate say no, the clerks at El Paso County court say yes.
If my son's statement was never taken and the kids all said they didn't see anything before the statements were taken, and then changed their stories, isn't this investigation questionable?
The case is closed and the civil liaison took no action, can the plaintiff still sue in a county court? How many courts can she take me to before this is finally over?
There was no evidence of how much she paid, such as a bill, presented to me before she decided to sue me. There was no evidence of why the repair should cost enough that she should have to pay a $100 deductible presented. If she doesn't present any evidence of the reason she is asking for $100, why would I pay it to her?
I'll be waiting for your response. Thanks.What is the name of your state (only U.S. law)?
I am being sued in El Paso County small claims for something that happened on Fort Carson, a US Army installation. The installation is considered to be within the county limits, but it is a federal installation. My 14 year old step-son was accused of throwing a rock and breaking a windshield in my neighborhood in June of 2008. Several teenagers were present when the lady who owns the car asked me to pay her deductible for the windshield. They all said at the time that my son, Logan, had not thrown any rocks, and that none of them had seen the windshield get broken. The military police investigators asked if Logan would give a statement the next week, and I tried to schedule a time. Finally, the investigator said that it didn't matter if he came in or not, because no blame would be assigned in the case. I then received a certified letter in September asking for $100 because the police report had concluded that Logan was responsible for the damage. I have a copy of the report and none of the statements are included from any other child. All it says is that Logan broke the windshield and that the case is closed. It also has a signature from the Fort Carson civil liaison saying "no action taken". I never received a bill from the plaintiff, and she never showed me anything stating that the windshield needed to be replaced from an automotive expert. She just asked for $100. Now I am named in a small claims suit along with my step-son, and the server gave the papers to my wife when neither of us were home.
My questions are: Does a county court have jurisdiction over a incident that happened on a federal installation? The attorneys and the Staff Judge Advocate say no, the clerks at El Paso County court say yes.
If my son's statement was never taken and the kids all said they didn't see anything before the statements were taken, and then changed their stories, isn't this investigation questionable?
The case is closed and the civil liaison took no action, can the plaintiff still sue in a county court? How many courts can she take me to before this is finally over?
There was no evidence of how much she paid, such as a bill, presented to me before she decided to sue me. There was no evidence of why the repair should cost enough that she should have to pay a $100 deductible presented. If she doesn't present any evidence of the reason she is asking for $100, why would I pay it to her?
I'll be waiting for your response. Thanks.What is the name of your state (only U.S. law)?