Legal Question in Civil Litigation in Virginia

My husband's ex employer is trying to sue him for damage to a company vehicle. Problem there is, my husband didn't damage the vehicle. My husband hasn't worked for the company since around the middle of December. Suit was filed on Jan 4th. He is trying to sue for over $3000. My husband returned the vehicle in proper condition. They are claiming the damage was from the front bumper to the back. There is no incident report regarding the claimed damage, there is no police report regarding damage either. Nothing. They stuck a "summons" in with his paycheck, which was shorted by SEVERAL hours and drove off before he could confront them. They won't answer his calls. They won't tell him when this supposedly happened and he hasn't been served by a public official, although they did file. Is this legal!? Don't they have to prove it was him that caused the damage!? Don't they have to have a paper trail regarding such. Can a judge rule in their favor based on hearsay!? What can we do!?

Asked on 1/06/17, 4:35 pm

1 Answer from Attorneys

Michael Hendrickson Michael E. Hendrickson

Yes, of course, "they have to prove it was him that caused the damage" and

by a preponderance of the evidence, no less.

Your husband may need to consult with an attorney on this matter if a valid

case has actually ben filed with the general district court and a valid

return date has been specified on the court's paperwork as to

when he will be expected to appear for further proceedings.

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Answered on 1/07/17, 8:43 am


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