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John, Attorney
Category: Legal
Satisfied Customers: 5564
Experience:  Licensed and practicing attorney.
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a person is claiming that I damage his home with an errand

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a person is claiming that I damage his home with an errand golf ball shot. I don't believe I was a person responsible for the damage on his home. I am planning on sending him a letter disputing his claim and request evidence, written estimates, and a written report. The damage claim is at $281. Two questions: Should I send the letter disputing his claim and reserve the right to dispute and does he have the burden of proof if he decides to take me to small claims court. This happen in Nevada.
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

Answering your questions: 1) You do not have to send a letter disputing the claim to reserve a right to dispute the matter. You always have the right to dispute an accusation such as this regardless of whether you send a letter disputing it. You can send a dispute letter if you want to; but it's not necessary. Personally, I would just tell him verbally that I did not believe I was responsible for the damage and am not paying him. 2) Yes, he would have the burden of proof in small claims court to prove to the judge that it is more likely than not that you were responsible for the damage to his home. I have no idea how he prove that unless he either directly saw you do that or has it on some kind of video surveillance or perhaps he is relying on a witness to the matter. But then you could then dispute whatever evidence he had. Then it would be up to the judge to determine if he proved you were the cause of the damage.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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