Small action claim
So there's someone threatening to file a small claim action suite against me for urinating on a computer. This happened at a frat party where no one saw this happen, and I'm not completely sure myself, but he assumed it was me because I slept on his couch for the night. There were probably about 300 people there that night, all who could have done it. He himself and his girlfriend where also in the room but were both drunk themselves. So, he's basically going off propable cause. How would any of this hold up in court?
1 Answer from Attorneys
Re: Small action claim
In a civil case such as this one, your accuser bears the burden of proof, which is defined as being more likely than not, or 50%+, meaning anything over 50% probability that you did it and he will have met his burden of proving his case.
For your part, you are going to want to point out the facts that you have done so above, and if possible, you will want witnesses or at least notarized affidavits from witnesses who were there and can testify to the large number of people who could have done it, not to mention the intoxicated state of your accuser, which is germane, considering his powers of observation were affected, making it difficult for a court to rely on his account of what he saw when he was drunk.
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