What to do if I plan to bring an autorepair shop to small claims but not sure if it will be a good idea if I don’t have much evidence?

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What to do if I plan to bring an autorepair shop to small claims but not sure if it will be a good idea if I don’t have much evidence?

The autorepair shop damaged my door and is in denial of the damages. My evidence is I have a photo of my car in his shop the second time I went when he agreed to help me fix the damages, but in the end didn’t fix it. However, the picture was taken with a camera phone and no date was printed on photo, only other cars in that shop was shown in the picture of that day. I have a credit card receipt that shows that I paid for a service the first day I went there. A neighbor of mine saw the car door before I brought it to the shop the 1st day. Is this all good enough proof?

Asked on October 31, 2012 under Accident Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country everyone has the rih to bring an action against the other. The issue is whether or not the person bringing the lawsuit called the plaintiff can prove liability and damages. In your matter, if you believe that you can prove the claims beased upon what you have written and what your neighbor viewed, then bring the small claims matter.

If you do not believe you can prove your claim then you should not file suit. It is not my job to be the judge of your matter. I only answer your questions from a legal perspective.


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