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inusa

Guest
What is the name of your state?

Kansas

An aquaintance of mine gave me a ride home while he was intoxicated. We got into an argument (over a woman, imagine that), but nothing happened. Now he claims I kicked and damaged his door. Since I didn't do it, he has no proof. Despite this, he has filed a report with the police department. Do I have anything to worry about? Also, he called me trying to get money out of me. I lost my temper and threw a couple four-lettered words at him. If he recorded the conversation, can he use it in court?
 


djohnson

Senior Member
Is there a dent in his car? Does he have estimates? If you answer yes to all these then you might have a problem. If there is no witnesses its your word against his and his documentation will back him up.
 

JETX

Senior Member
Q1) "Now he claims I kicked and damaged his door. Since I didn't do it, he has no proof. Despite this, he has filed a report with the police department. Do I have anything to worry about?"
A1) 'ANYTHING' is pretty all-incompassing, so I would have to answer, "Yes, you COULD have something to worry about". If the police believe that you damaged his car, they could take criminal charges against you. If the 'damaged party' takes civil action and is able to convince the court that you did the damage, you could be looking at a judgment against you. Only the two of you know what evidence might be available and how credible it is.

Q2) "Also, he called me trying to get money out of me. I lost my temper and threw a couple four-lettered words at him. If he recorded the conversation, can he use it in court?"
A2) Use it in court for what charges?? Cussing?? No. However, if in your anger, you confessed to causing the damage, maybe. Kansas is a 'one-party' state, meaning that your permission is not needed to tape.
 
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inusa

Guest
If it's my word against his, how can he prove I did the damage to his car? Doesn't the burden of proof fall on him? There were no witnesses. He was so drunk, he drove off with his door open. I assume this was when he damaged it.
 

JETX

Senior Member
inusa said:
If it's my word against his, how can he prove I did the damage to his car? Doesn't the burden of proof fall on him? There were no witnesses. He was so drunk, he drove off with his door open. I assume this was when he damaged it.
Yes, the burden of proof is on him.... but we don't know what evidence (or proof) he might have. Only the two of you know what evidence or proof might be available. If you feel comfortable that he has no proof, then you have nothing to worry about.
 

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