How do I sue someone?

amdhunter

Lifer
May 19, 2003
23,332
249
106
Long story short, the woman who parks next to me hit my car 3x over the weekend by slamming her door into the side of my car. We have assigned parking so I cannot move.

She placed small dings in the front of the car, and left this nice surprise for me yesterday morning. I confronted her about it, and she said sorry. I said sorry doesn't fix my doors, and that I am going to have to repaint it. She responded with "I am not giving you money, go fuck off. "That's nothing to worry about" -- and then she walked away.

Called the cops, and they literally laughed at me and told me if I really wanted a report for a ding. They said the report WON'T mention the other person because she isn't there, and they have no proof that she hit it. I told them where she lives, and the officer told me he isn't going to bother her. I left it at that.

Needless to say, the damage came out to $418, which is coming out of my own pocket. Now, $418 isn't too much to me, but it would be a devastating amount to this woman, who is extremely poor.

I want to take her to court, and fucking ram this bill, +additional money for loss of value to the car -- right down her fucking throat. I have no idea what to do though. I have all the time in the world to follow up on this.

How can I file a small claims against her? FWIW - her insurance carrier is being questioned by mines, so I don't know how it will turn out getting money from them.

Any ideas?
 

isekii

Lifer
Mar 16, 2001
28,578
3
81
set her car on fire.
tell her to buff it out afterwards it's nothing to worry about
 

Aharami

Lifer
Aug 31, 2001
21,205
165
106
NYPD is fucking useless when it comes to small things like these. I had an mp3 player stolen from my car in a valet parking garage. When I called up to report it, the woman on the phone straight up just told me not even bother. I know it wont amount to anything lady...I just want to have something on record that my mp3 player was stolen in this garage
 

amdhunter

Lifer
May 19, 2003
23,332
249
106
Originally posted by: isekii
set her car on fire.
tell her to buff it out afterwards it's nothing to worry about

lol, if this weren't a public forum that could be used as proof against me in a court of law.......
 

amdhunter

Lifer
May 19, 2003
23,332
249
106
Originally posted by: MotF Bane
How do you plan to prove it was her?

She admitted it, and I have a few witnesses that have seen her leaning her door against mines. All of them are willing to write a note in my favor. Also, the super of the building that owns the lot has told her constantly to stop leaning her door against my car.
 

amdhunter

Lifer
May 19, 2003
23,332
249
106
Originally posted by: Aharami
NYPD is fucking useless when it comes to small things like these. I had an mp3 player stolen from my car in a valet parking garage. When I called up to report it, the woman on the phone straight up just told me not even bother. I know it wont amount to anything lady...I just want to have something on record that my mp3 player was stolen in this garage

Yeah, they don't want to go back to the office to do paperwork (I know, I have much NYPD in my family lol.)
 

xSauronx

Lifer
Jul 14, 2000
19,582
4
81
Originally posted by: amdhunter
Originally posted by: Aharami
NYPD is fucking useless when it comes to small things like these. I had an mp3 player stolen from my car in a valet parking garage. When I called up to report it, the woman on the phone straight up just told me not even bother. I know it wont amount to anything lady...I just want to have something on record that my mp3 player was stolen in this garage

Yeah, they don't want to go back to the office to do paperwork (I know, I have much NYPD in my family lol.)

yeah, probably not for something theyre never going to find....or even look for.

the old lady sounds like a real bitch, but re: witnesses...dont they have to show up in court to testify for their testimony to matter, or at the very least meet with an attorney or something? if you cant get them to show up for court (and who really would, for some other guys car door?) wont this be a waste of time?

sounds like itd be better to get everyone to bitch to the landlord about the old hag
 

amdhunter

Lifer
May 19, 2003
23,332
249
106
Originally posted by: xSauronx
Originally posted by: amdhunter
Originally posted by: Aharami
NYPD is fucking useless when it comes to small things like these. I had an mp3 player stolen from my car in a valet parking garage. When I called up to report it, the woman on the phone straight up just told me not even bother. I know it wont amount to anything lady...I just want to have something on record that my mp3 player was stolen in this garage

Yeah, they don't want to go back to the office to do paperwork (I know, I have much NYPD in my family lol.)

yeah, probably not for something theyre never going to find....or even look for.

the old lady sounds like a real bitch, but re: witnesses...dont they have to show up in court to testify for their testimony to matter, or at the very least meet with an attorney or something? if you cant get them to show up for court (and who really would, for some other guys car door?) wont this be a waste of time?

sounds like itd be better to get everyone to bitch to the landlord about the old hag

Damn, that would suck if that is the case. I can get her on video or audio I guess and record it the next time I confront her.

Funny thing is, she has a really nice daughter lol. Maybe I can work out a deal. She hit my car, so maybe I could "hit" her daughter?
 

Bignate603

Lifer
Sep 5, 2000
13,897
1
0
You'll probably get more of an effect by talking to the landlord. At the very least they may be able to switch your spots. If they take your side they could even pressure her to pay for the damage or face eviction, though that would probably only happen if she's a recurring problem.
 

xSauronx

Lifer
Jul 14, 2000
19,582
4
81
Originally posted by: amdhunter
Originally posted by: xSauronx
Originally posted by: amdhunter
Originally posted by: Aharami
NYPD is fucking useless when it comes to small things like these. I had an mp3 player stolen from my car in a valet parking garage. When I called up to report it, the woman on the phone straight up just told me not even bother. I know it wont amount to anything lady...I just want to have something on record that my mp3 player was stolen in this garage

Yeah, they don't want to go back to the office to do paperwork (I know, I have much NYPD in my family lol.)

yeah, probably not for something theyre never going to find....or even look for.

the old lady sounds like a real bitch, but re: witnesses...dont they have to show up in court to testify for their testimony to matter, or at the very least meet with an attorney or something? if you cant get them to show up for court (and who really would, for some other guys car door?) wont this be a waste of time?

sounds like itd be better to get everyone to bitch to the landlord about the old hag

Damn, that would suck if that is the case. I can get her on video or audio I guess and record it the next time I confront her.

Funny thing is, she has a really nice daughter lol. Maybe I can work out a deal. She hit my car, so maybe I could "hit" her daughter?

pretty sure youd need a witness there, even one or two...but still. you can try to record her, but depending on laws in NY state it may or may not be admissable as evidence if you dont have her recorded consent to record her, that should be easy to find out via google, i would think.

otherwise you have to show up to small claims court and file your suit (Well....maybe small claims, depending on what you want to sue for, the small claims court should have a limit on what a suit can max at) and you'll get a court date and somehow she has to be informed of this (or you have to try, i have no idea how that part works)

come the day of the case you show up and present your evidence. if she contests and yours is hearsay or your word against hers, your SOL probably. if she doesnt show up youll win...then good luck getting the money.

im no lawyer, this is just my understanding of how it usually works after talking to people who have been through a few small claims suits.
 

amdhunter

Lifer
May 19, 2003
23,332
249
106
Originally posted by: xSauronx
Originally posted by: amdhunter
Originally posted by: xSauronx
Originally posted by: amdhunter
Originally posted by: Aharami
NYPD is fucking useless when it comes to small things like these. I had an mp3 player stolen from my car in a valet parking garage. When I called up to report it, the woman on the phone straight up just told me not even bother. I know it wont amount to anything lady...I just want to have something on record that my mp3 player was stolen in this garage

Yeah, they don't want to go back to the office to do paperwork (I know, I have much NYPD in my family lol.)

yeah, probably not for something theyre never going to find....or even look for.

the old lady sounds like a real bitch, but re: witnesses...dont they have to show up in court to testify for their testimony to matter, or at the very least meet with an attorney or something? if you cant get them to show up for court (and who really would, for some other guys car door?) wont this be a waste of time?

sounds like itd be better to get everyone to bitch to the landlord about the old hag

Damn, that would suck if that is the case. I can get her on video or audio I guess and record it the next time I confront her.

Funny thing is, she has a really nice daughter lol. Maybe I can work out a deal. She hit my car, so maybe I could "hit" her daughter?

pretty sure youd need a witness there, even one or two...but still. you can try to record her, but depending on laws in NY state it may or may not be admissable as evidence if you dont have her recorded consent to record her, that should be easy to find out via google, i would think.

otherwise you have to show up to small claims court and file your suit (Well....maybe small claims, depending on what you want to sue for, the small claims court should have a limit on what a suit can max at) and you'll get a court date and somehow she has to be informed of this (or you have to try, i have no idea how that part works)

come the day of the case you show up and present your evidence. if she contests and yours is hearsay or your word against hers, your SOL probably. if she doesnt show up youll win...then good luck getting the money.

im no lawyer, this is just my understanding of how it usually works after talking to people who have been through a few small claims suits.

Damn. I guess I'll let Geico deal with her then. Hopefully she has Geico herself and this mess will just go away fast.
 

Joemonkey

Diamond Member
Mar 3, 2001
8,859
4
0
Originally posted by: amdhunter
Originally posted by: MotF Bane
How do you plan to prove it was her?

She admitted it, and I have a few witnesses that have seen her leaning her door against mines. All of them are willing to write a note in my favor. Also, the super of the building that owns the lot has told her constantly to stop leaning her door against my car.

If the super owns the lot, and has told the lady to stop leaning her car door against yours and she hasn't, can't he reassign your parking space? or better yet, reassign HERS 3 miles down the road?
 

amdhunter

Lifer
May 19, 2003
23,332
249
106
Originally posted by: Joemonkey
Originally posted by: amdhunter
Originally posted by: MotF Bane
How do you plan to prove it was her?

She admitted it, and I have a few witnesses that have seen her leaning her door against mines. All of them are willing to write a note in my favor. Also, the super of the building that owns the lot has told her constantly to stop leaning her door against my car.

If the super owns the lot, and has told the lady to stop leaning her car door against yours and she hasn't, can't he reassign your parking space? or better yet, reassign HERS 3 miles down the road?

He just gives out the bills from the management company. I don't really want to bitch to them for fear of repurcussions and losing my spot...lol. It's nasty politics for a parking space in this area. I *might* just ask her to swap spots with me instead. She never uses her passenger side.
 

maziwanka

Lifer
Jul 4, 2000
10,415
1
0
Originally posted by: Aharami
NYPD is fucking useless when it comes to small things like these. I had an mp3 player stolen from my car in a valet parking garage. When I called up to report it, the woman on the phone straight up just told me not even bother. I know it wont amount to anything lady...I just want to have something on record that my mp3 player was stolen in this garage

same thing happened to me. some fucking crazy russian bitch couldn't wait two seconds for the street cleaners to move past my car, so she "squeezed" by and scratched my car (small though). i lost my temper and called the cops for a report, but they basically said not to bother. nothing came out of it.

it's so infuriating. i would tell the lady that dinged your car that the bill came out to 418 bucks which isn't "nothing" and that you would take her to small claims court over the amount. She admitted to the dent, so her apology is admissible (in court, but i dont know how small claims works). maybe you could bring a tape recorder when you confront her about the bill and small claims, because she might say something like "I apologized already for it and I don't have the money to pay this."

If that happens and you have it recorded, maybe you can tell her that if she does it again, you will make her pay every single cent of the damage.
 

maziwanka

Lifer
Jul 4, 2000
10,415
1
0
Originally posted by: amdhunter
Originally posted by: MotF Bane
How do you plan to prove it was her?

She admitted it, and I have a few witnesses that have seen her leaning her door against mines. All of them are willing to write a note in my favor. Also, the super of the building that owns the lot has told her constantly to stop leaning her door against my car.

This is great evidence. Get all the notes now. The closer to the date of the events, the better.
 

maziwanka

Lifer
Jul 4, 2000
10,415
1
0
Originally posted by: Joemonkey
Originally posted by: amdhunter
Originally posted by: MotF Bane
How do you plan to prove it was her?

She admitted it, and I have a few witnesses that have seen her leaning her door against mines. All of them are willing to write a note in my favor. Also, the super of the building that owns the lot has told her constantly to stop leaning her door against my car.

If the super owns the lot, and has told the lady to stop leaning her car door against yours and she hasn't, can't he reassign your parking space? or better yet, reassign HERS 3 miles down the road?

if the super owns the lot, has seen what she's been doing, the super might also be responsible for the damage.

it's like the story in nyc where the doorman of a building did nothing to throw out a tenant in the lobby who started to fight another tenant. the dude defended himself and ended up suing the one who started the fight AND the building owner
 

hanoverphist

Diamond Member
Dec 7, 2006
9,867
23
76
Originally posted by: MotionMan
Take this from a lawyer:

You have a yellow car = you lose.

MotionMan, Esq.

huh? im not sure if youre being facetious or serious. kind of curious tho, what does yellow have to do with it?
 

MotionMan

Lifer
Jan 11, 2006
17,124
12
81
Originally posted by: hanoverphist
Originally posted by: MotionMan
Take this from a lawyer:

You have a yellow car = you lose.

MotionMan, Esq.

huh? im not sure if youre being facetious or serious. kind of curious tho, what does yellow have to do with it?

Did you look at the picture? OP has a yellow car.

Yellow car = lose.

Case closed.

NEXT!!!

MotionMan
 
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