defendant asking plantiff for proof of payment California

[mr.?]

What is the name of your state (only U.S. law)? California
I and an neighbor have fighting over money he spent fixing some damage to his property. I've been asking for receipts for a year. I finally got them but one is hand written with printed letter head, like one you would get form a contractor. It only saids work done and the price. Its not itemized. I asked for the canceled check or bank statement, but he has refused and is treating to take me to court.

Does he have prove proof of payment for that receipt or will the court except that receipt as proof?
Also can he ask for more damages than originally asked for? legal fees, travel miles, personal time, etc.

 

[Just Blue]

What is the name of your state (only U.S. law)? California
I and an neighbor have fighting over money he spent fixing some damage to his property. I've been asking for receipts for a year. I finally got them but one is hand written with printed letter head, like one you would get form a contractor. It only saids work done and the price. Its not itemized. I asked for the canceled check or bank statement, but he has refused and is treating to take me to court.

Does he have prove proof of payment for that receipt or will the court except that receipt as proof?
Also can he ask for more damages than originally asked for? legal fees, travel miles, personal time, etc.

How much money are you talking about here?

 

[Taxing Matters]

What is the name of your state (only U.S. law)? California
I and an neighbor have fighting over money he spent fixing some damage to his property. I've been asking for receipts for a year. I finally got them but one is hand written with printed letter head, like one you would get form a contractor. It only saids work done and the price. Its not itemized. I asked for the canceled check or bank statement, but he has refused and is treating to take me to court.

Does he have prove proof of payment for that receipt or will the court except that receipt as proof?
Also can he ask for more damages than originally asked for? legal fees, travel miles, personal time, etc.

I’m going to assume that you damaged the neighbor’s property either intentionally or due to negligence and thus are liable to your neighbor for the damage caused. In that case your neighbor is entitled to compensation for that damage, regardless of whether he or she has paid the bills for fixing it. All the neighbor will have to prove in court is how much the damage costs to repair. What difference does it make if the neighbor has already paid the bill or is waiting to get the money from you first in order to pay it? Either way his property has been damaged and he’s entitled to compensation for that damage.

If the neighbor sues, he will be entitled to certain court costs he incurs, like the filing fee, fee to serve you, etc. But he won’t be entitled to attorney’s fees, costs to travel to and from court, or payment for his time.

 

[mr.?]

How much money are you talking about here?

Round $3500

 

[LdiJ]

Round $3500

Is that in the ballpark for the kind of damage you did?

 

[mr.?]

IÂ’m going to assume that you damaged the neighborÂ’s property either intentionally or due to negligence and thus are liable to your neighbor for the damage caused. In that case your neighbor is entitled to compensation for that damage, regardless of whether he or she has paid the bills for fixing it. All the neighbor will have to prove in court is how much the damage costs to repair. What difference does it make if the neighbor has already paid the bill or is waiting to get the money from you first in order to pay it? Either way his property has been damaged and heÂ’s entitled to compensation for that damage.

If the neighbor sues, he will be entitled to certain court costs he incurs, like the filing fee, fee to serve you, etc. But he wonÂ’t be entitled to attorneyÂ’s fees, costs to travel to and from court, or payment for his time.

So he will have to provide a canceled check or bank statement?

Sorry I gave a very vague description of what happened. It was a utility that was installed improperly that runs though are condo. It turns out it belongs to the HOA but property manager said it was his. I already payed fix the problem. He wants repayment for finding the problem which the HOA should of done after he found out that that problem was outside of his unit. Repayment is for contractor, travel miles, a scanning tools he bought and used improperly cutting a large hole in another condo and payment for fixing that also.
I am going through a lawyer but not getting all the answers that I'm looking for.

At this point I have little problem paying him, but not if it's going to be fraudulent. Anyone can make fake hand written receipt and put a random check number on it.
Thanks

 

[mr.?]

My lawyer was saying the court could side on his side making me pay for some or all of this legal fees.
Also the property is in another family members name so I would hate to have them testify.

Do you think the judge would let me stand in? I've been doing everything and know more about what is going on.

 

[HRZ]

I'm lost as to why these items are yours to be paid ....and why they are not HOA costs. Did you do some improper plumbing or electrical work ? Negligence on your part ?

Ownership of your unit could be a major point IF he is suing the owner and not you ...you might be smart to have owner present.

In general a piece of paper without the author present and on stand for examination is subject to being tossed as hearsay if you raise that objection in a timely manner ...but what happens in SC may be more relaxed. PS you want it tossed before the judge hears/reads the contents ...I agree the receipt could have been written by tooth fairy .

PLaintiff has burden to prove the actual or projected costs of damages you caused .

Very hard to,follow your points

 

[mr.?]

I'm lost as to why these items are yours to be paid ....and why they are not HOA costs. Did you do some improper plumbing or electrical work ? Negligence on your part ?

Ownership of your unit could be a major point IF he is suing the owner and not you ...you might be smart to have owner present.

In general a piece of paper without the author present and on stand for examination is subject to being tossed as hearsay if you raise that objection in a timely manner ...but what happens in SC may be more relaxed. PS you want it tossed before the judge hears/reads the contents ...I agree the receipt could have been written by tooth fairy .

PLaintiff has burden to prove the actual or projected costs of damages you caused .

Very hard to,follow your points

Sorry, if I had to write everything out it would take up many pages.

It was Negligence on my part, but I see at an accident. I put a screw through a electrical line when I was repairing floor that was installed improperly in 1960. It was 3/4" below subfloor.

I was thinking if he he sues me, I'll tell the court " I have no problem paying him, but when I asked to see the cancelled checks he said he no longer put any more effort into this matter".

 

[Taxing Matters]

So he will have to provide a canceled check or bank statement?

He has to prove the damages he suffered as a result of your negligence. It’s not clear exactly what that was. If putting the screw through the electrical line caused some kind of damage to his unit, then he just has to prove what the extent of that damage was and what that will cost to fix. He doesn’t have to prove he already paid to have it fixed though; estimates by competent contractors of what it will cost to fix it would suffice.

 

[not2cleverRed]

So he will have to provide a canceled check or bank statement?

Sorry I gave a very vague description of what happened. It was a utility that was installed improperly that runs though are condo. It turns out it belongs to the HOA but property manager said it was his. I already payed fix the problem. He wants repayment for finding the problem which the HOA should of done after he found out that that problem was outside of his unit. Repayment is for contractor, travel miles, a scanning tools he bought and used improperly cutting a large hole in another condo and payment for fixing that also.
I am going through a lawyer but not getting all the answers that I'm looking for.

At this point I have little problem paying him, but not if it's going to be fraudulent. Anyone can make fake hand written receipt and put a random check number on it.
Thanks

No.

TaxingMatters explicitly said, in more than one post, that although your neighbor has to enumerate the cost of fixing the damage you caused, the neighbor does not have to provide proof that he has paid out that amount already.

You can ask that he show the source of his estimated cost - that's reasonable. He does have to show that the cost he's claiming is based on some facts, not some random number.

 

[HRZ]

Putting a screw thru a floor may be unwise in hindsight ...but I'm not sure its negligent--and neighbor needs to prove you were negligent.

BTW many an electrical wiring installation is not to code IF it is that close to a wall or floor but been a while since I dug thru residential codes so double check me --thought it was 1 1/4 " min setback from edge of wood member --just to abate such problems with screws and nails.