Thank you, L.
Understand that just because they have demanded
repayment does not necessarily mean that they have a case. They may be attempting to scare
you into paying.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence
," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
To sue for an "intentional" (as they claim) damage to the vehicle, one would sue under the cause of action of negligence
However, due to the mitigating factors, it is unlikely that they would be successful in a lawsuit. They likely know this as well. Someone in your situation may wish to write back a letter stating that (1) you are not responsible, and (2) if they do sue, then you would have the matter dismissed/won and may later sue for malicious prosecution
. The elements of malicious prosecution are (1) that defendant initiated, continued, or procured the proceeding of which complaint is made; (2) that defendant in doing so acted without probable cause; (3) that defendant must have acted with malice; (4) that the proceedings terminated in favor of plaintiff; and (5) that plaintiff sustained damages. See Thompson v. General Finance Co., Inc., 205 Kan. 76, 91, 468 P.2d 269 (1970).
Let me know if you need such a letter example.
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