Legal Question in Civil Litigation in Massachusetts

Re: Defense in Small Claims Court

In looking at the truck there

was no evidence of the spray

*** THAT'S WHAT YOU SHOULD TESTIFY

but in good faith we offered to pay 1/2 of

$200 est.

***** WHO MADE THAT EST.?

He was outraged

***** WHY, BECAUSE YOU OFFERED ONLY HALF?

& filed a sm. claim for his truck & 3 new

items =$450. The 1st court hearing awarded him 450

*** WHY, WERE YOU THERE? HE MUST HAVE SOUNDED CREDIBLE (BELIEVABLE).

& we appealed. I

never knew about the 3 new items,can I get those waived since he never

demanded payment for them?

***** NO. IF HE NEEDED THEM BECAUSE OF YOUR SPRAYING, YOU OWE, WHETHER OR

NOT HE TOLD YOU BEFORE THAT DAY IN COURT OR BEFORE HE WROTE IT UP ON THE SMALL

CLAIMS FORM YOU WERE SENT. BBBBBUUUUUTTTTT!!!

The fact that he never mentioned

it to you prior makes it less believable; why wouldn't he have mentioned it that

time you looked at his vehicle? Because he's lying, right? Get that point across

in court; get him to admit that he hadn't mentioned it prior; obviously, if you were

offering to split 50/50, he would have pumped up the estimate by the cost of those three

items to get your offer up instead of steaming off like he did without even showing/telling

you about all the damage involved. Right?

We don't believe he has valid proof that

whatever is on his 5 yr old truck if from us.

*** Right. His word is probably his only proof. That's why

attacking his credibility, e.g., with the story about the 3 things

that he neglected to mention until it got time to file suit or to

tell the clerk magistrate how much damage there was ...

Does his have to prove this if

from us for us to be liable?

Yes. But his word IS valid evidence, if believed, so don't think he suddenly

needs to show pictures from the day before you supposedly sprayed his truck

and videos of you spraying it.

Are there any other recommendations or

legal rules we should consider in defending our case?

Not over the Internet.

If you're near Newton at all, give me a call, please.

Stuart Williams

(617) 527-0050

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Newton, MA

02459-2509

[email protected]