Legal Question in Real Estate Law in New Jersey

Few months back my neighbor told me that he suspects that the dents on his car are caused by me (we park side by side in an apartment block).

He told me he would be careful and parking his car at the far end. What he said wasn't impossible - so I started doing the same. I started to park on the far end away from his car.

Few weeks later he came to me with an estimate of $750 for the repairs of his dents and asked em to pay for it. When asked why does he think I should pay for it then told me that one of the dents has black mark on it and my car is 'black'. He has done measurements and they are on the same height.

I politely told him that I dont remember me or any of my children doing it. And I dont think it is fair of him to ask me for money just based on his suspicion. This is when he told me that he has a person who saw it and told it to him. He only knows him by face. He'll try and get him to tell the same to me. I said OK, if you can find that person and he tells me that he has seen me or my family doing it I will pay for it.

After that I showed him that there are other dents on his door that are higher and lower and could not have been caused by my car. So, even if that person tells me that he has seen it doing it I will not pay the full cost for it. That is when he acknowledged that some of the dents were already there and offered me to pay half of his co-pay i.e $250.

But my neighbor never came back to me with the witness. So, I never paid him.

Now he sued me for $436 for the repairs and 'costs'. He has based his case on following evidences.

1. Black mark in one of the dents at same height as mark on my door.

2. He claims that dents on his car stopped after he and I started parking on the far ends

3. He says I asked him what is the lowest he accepted and he sees that as admittance of guilt. He doesn't mention in his case that he brought up an eye witness during our conversation.

given all the facts above - what do you suggest I should do?

1. Out of court settle

2. Get a lawyer and contest

3. Appear in person (without lawyer)


Asked on 9/15/09, 2:50 pm

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

This kind of situation is a pain in the neck.

If I were you I would go fight him in court (but I have been in court hundreds of times, and would not lose work by fighting).

It is not enough money to make it worth hiring an attorney.

I would fight. He needs to prove that you did it. I have no way to predict who will win, or how much.

If you like, give me a call. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 9/21/09, 10:09 am


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