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Old 19.04.2017, 13:54
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Re: Help me? Person damaged my property and is now refusing to cooperate

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Sorry to drag this up again but nobody answered and I couldn't stop thinking about it:

If the lady and her kids vehemently denied breaking them and admitted no fault then wouldn't it be his word against theirs?
Indeed. That's why it's imortant to get her "it was alrady broken" in writing as it quite clearly confirms the child's stepping on them. That's not proof of damage caused but it makes the whole thing plausible. If police have some kind of report or log entry on the phone call, actual damage would probably be considered proven.
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And *if* she denied her kids breaking them and there was no proof, could he really start a Betreibung against her and have any chance of getting the money back?
You can start a Betreibung against anyone, anytime, for any potentially justified or no justified reason at all - you could raise one against your neighbor right now, even if just to test my claim. But if the other side raises Rechtsvorschlag (must happen within, I think, 10 days of receipt of the Betreibung) you have to provide evidence. And raising one for no justified reason at all (ie out of bad will) may open up the option of a counter-sue based on Rechtsmissbrauch (abuse of the law, the judicial system) or similar.
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  #82  
Old 19.04.2017, 20:12
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Re: Help me? Person damaged my property and is now refusing to cooperate

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Think outside the box! (always seems to be the woman who do!)
  • Contact the husband directly and deal with it man-to-man,
  • let him know what happened, that the police were contacted (and therefore have a record of your call as proof of the incident)
  • that his wife instructed by them to hand over her contact details so as to allow you to later get her insurance details
  • That you are contacting him as his wife now refuses to comply with police instructions
It's the injustice which smarts, but as a student it's the money too.

Would you accept an apology above the cash? Perhaps ask for one but don't mention the money. Frame a message with tact and you may get an admission of guilt / responsibility. From this, perhaps even a donation towards the costs.

Your adversary sounds like a bitch but could be a potential creditor. A message highlighting the monetary loss and inconvenience to you as a student sent to the family would be worth ten minutes. Forget about your money for now and work on negotiation; a good exercise for an aspiring lawyer.

Good luck.
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