• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What do I need to prove in small claims court?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? Virginia.

I have been gone since early 2019. My mother stored all of my belongings in her shed and my aunt took my car. She took the utmost care of my vehicle.

A few months after getting my car, my aunt had to move out of the country and into the suburbs after selling her home. My car was moved over to my cousins house. Hes not the most upstanding person and tends to be frowned upon by most family members.

Last year I visited and upon seeing my car noticed the hood had a very large, deep scratch in it in the shape of a triangle. I discussed it with my family and we all agreed that it likely came from my cousins 10 year old son who has severe behavioral issues. I was upset but said nothing about it.

A couple months ago I visited again and this time the car is completely caked in mud which can ruin the paint and the trunk had a scratch on it where it looked like someone had scratched the mud off with a sharp object and scatched the paint underneath which I believe was my cousins son again.

The paint on this car was immaculate, I would wash and wax the car every 6 weeks and had washed it two weeks before leaving.

I had spoken with my cousin about him paying to have the damages fixed and he just responded by saying he wasn't present when the damage happened so he isn't responsible. In regards to the mud his wife said when I come get the car in Oct I can use their pressure washer to clean it all off, as if they aren't capable of doing so themselves. I will also add their two personal vehicles had no so much as a spec of dirt on them.

I was wondering what all I need to prove in small claims court as Im worried the whole car needs to be repainted since the mud has likely been on it for half a year or more.
 
Last edited:


Just Blue

Senior Member
What is the name of your state? Virginia.

I have been gone since early 2019. My mother stored all of my belongings in her shed and my aunt took my car. She took the utmost care of my vehicle.

A few months after getting my car, my aunt had to move out of the country and into the suburbs after selling her home. My car was moved over to my cousins house. Hes not the most upstanding person and tends to be frowned upon by most family members.

Last year I visited and upon seeing my car noticed the hood had a very large, deep scratch in it in the shape of a triangle. I discussed it with my family and we all agreed that it likely came from my cousins 10 year old son who has severe behavioral issues. I was upset but said nothing about it.

A couple months ago I visited again and this time the car is completely caked in mud which can ruin the paint and the trunk had a scratch on it where it looked like someone had scratched the mud off with a sharp object and scatched the paint underneath which I believe was my cousins son again.

The paint on this car was immaculate, I would wash and wax the car every 6 weeks and had washed it two weeks before leaving.

I had spoken with my cousin about him paying to have the damages fixed and he just responded by saying he wasn't present when the damage happened so he isn't responsible.

I was wondering what all I need to prove in small claims court as Im worried the whole car needs to be repainted since the mud has likely been on it for half a year or more.
In who's care did you leave the car, your mothers or your aunts? Did you know that aunt moved it to your cousins home? Did you discuss with your cousin storing your car at his home and did he agree to look after it?
Last year during your visit you noticed that your car was damaged....why didn't you move your car to a storage facility to prevent more damage?
 

quincy

Senior Member
What is the name of your state? Virginia.

I have been gone since early 2019. My mother stored all of my belongings in her shed and my aunt took my car. She took the utmost care of my vehicle.

A few months after getting my car, my aunt had to move out of the country and into the suburbs after selling her home. My car was moved over to my cousins house. Hes not the most upstanding person and tends to be frowned upon by most family members.

Last year I visited and upon seeing my car noticed the hood had a very large, deep scratch in it in the shape of a triangle. I discussed it with my family and we all agreed that it likely came from my cousins 10 year old son who has severe behavioral issues. I was upset but said nothing about it.

A couple months ago I visited again and this time the car is completely caked in mud which can ruin the paint and the trunk had a scratch on it where it looked like someone had scratched the mud off with a sharp object and scatched the paint underneath which I believe was my cousins son again.

The paint on this car was immaculate, I would wash and wax the car every 6 weeks and had washed it two weeks before leaving.

I had spoken with my cousin about him paying to have the damages fixed and he just responded by saying he wasn't present when the damage happened so he isn't responsible. In regards to the mud his wife said when I come get the car in Oct I can use their pressure washer to clean it all off, as if they aren't capable of doing so themselves. I will also add their two personal vehicles had no so much as a spec of dirt on them.

I was wondering what all I need to prove in small claims court as Im worried the whole car needs to be repainted since the mud has likely been on it for half a year or more.
I am not sure you CAN prove the cousin damaged your car.

Is your car insured? Who insures it?

Are you paying to have others take care of your car for you?
 
In who's care did you leave the car, your mothers or your aunts? Did you know that aunt moved it to your cousins home? Did you discuss with your cousin storing your car at his home and did he agree to look after it?
Last year during your visit you noticed that your car was damaged....why didn't you move your car to a storage facility to prevent more damage?
Well for one I'm in a state mental hospital. And two my family surrendered my license plates and the car battery is dead so I couldn't move it even if I wanted to.

Basically they what it went down was: My grandfather died, I decompensated and began hallucinating, I got confined to a state mental hospital, my aunts had to sell the house as per my grandfathers will and all my belongings went whereever there was room for them. The only person who has failed to care for my belongings is my cousin.

Once my aunt moved the family told my cousin they were moving the car over to his house for safe keeping and he was fine with it. He just doesn't feel compelled to actually take care of it. About the only thing he's admitted to doing is starting it twice to make sure its still running.
 
Last edited:

quincy

Senior Member
Well for one I'm in a state mental hospital. And two my family surrendered my license plates and the car battery is dead so I couldn't move it even if I wanted to.

Basically they what it went down was: My grandfather died, I decompensated and began hallucinating, I got confined to a state mental hospital, my aunts had to sell the house as per my grandfathers will and all my belongings went whereever there was room for them. The only person who has failed to care for my belongings is my cousin.

Once my aunt moved the family told my cousin they were moving the car over to his house for safe keeping and he was fine with it. He just doesn't feel compelled to actually take care of it. About the only thing he's admitted to doing is starting it twice to make sure its still running.
I agree with STEPHAN. I don’t see that you have much of a legal action to pursue. Sorry.

I hope you are getting the mental health care you need and that you will be healthy again soon.
 
Well in that case at least I've got my settlement from the getting struck by a car while on a community pass last September. I was going to use it to get the hood and trunk repainted and pay back debt collectors after getting thrown in the mental hospital but I got about 6k more than I thought I would so I should have enough to get the car repainted if the paint is actually damaged.
 
Why don't you get the car out of there to prevent further damage?
I'm going to do that in the coming months. I'm about to get released here in October. I just got approved to have my Car at the hospital after about a year of asking but first I have to get an appointment at the DMV (VA is doing appt only due to ongoing COVID scares) and get my Plates, Replacement Title and Registration after I get it insured. After that I'm putting new brakes on it since the ones the car has sat in his driveway for over a year and the rotors have rusted to hell and then I'm replacing the battery and driving it to he nearest body shop to get estimates for damage.

My mother said I could keep it at her house but I doubt her landlord would be happy as there's already 3 vehicles and a whole cargo trailer in front of her single wide home. She already stuck my mom in the back of the property out in the woods so she wouldn't have to the deal with her because shes deaf and somewhat learning disabled. The landlord has rules like like no pets (despite the fact that my mom is taking care of my cat and her neighbor has one too) and no children to keep costs down and I hear she's not really a nice lady.

Other than that I don't really have any other place to put it and there's no car storage places around here to put the car in.
 
Last edited:

quincy

Senior Member
I'm going to do that in the coming months. I'm about to get released here in October. I just got approved to have my Car at the hospital after about a year of asking but first I have to get an appointment at the DMV (VA is doing appt only due to ongoing COVID scares) and get my Plates, Replacement Title and Registration after I get it insured. After that I'm putting new brakes on it since the ones the car has sat in his driveway for over a year and the rotors have rusted to hell and then I'm replacing the battery and driving it to he nearest body shop to get estimates for damage.

My mother said I could keep it at her house but I doubt her landlord would be happy as there's already 3 vehicles and a whole cargo trailer in front of her single wide home. She already stuck my mom in the back of the property out in the woods so she wouldn't have to the deal with her because shes deaf and somewhat learning disabled. The landlord has rules like like no pets (despite the fact that my mom is taking care of my cat and her neighbor has one too) and no children to keep costs down and I hear she's not really a nice lady.

Other than that I don't really have any other place to put it and there's no car storage places around here to put the car in.
It is nice that the hospital will let you store the car on their property, once it has plates, tags and is adequately insured.
 
Well I just had a talk with my aunt after depositing the settlement check. I told her I may as well just buy another car like mine, at which point she said she would be willing to drive as far as Ohio to pick up another Buick similar to mine if I could find a good deal on it.
 

quincy

Senior Member
Well I just had a talk with my aunt after depositing the settlement check. I told her I may as well just buy another car like mine, at which point she said she would be willing to drive as far as Ohio to pick up another Buick similar to mine if I could find a good deal on it.
That sounds like a good plan. I suggest you wait to purchase a new vehicle until you are released, so you don’t have to worry about storing it.

Good luck.
 

bob48

New member
That sounds like a good plan. I suggest you wait to purchase a new vehicle until you are released, so you don’t have to worry about storing it.
That's actually a valid point. You should keep in mind, that it's pretty important - to know as much as possible about the past cases of any lawyer, which you're going to hire. In that time, when I had to hire a lawyer, this site ( here: https://federal-lawyer.com/business-litigation/ ) helped me a lot with it. It's pretty reliable jural firm, which has a lot of great and smart lawyers.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top