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November 5, 2010
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Star Features |
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Do I need a witness to sue? |
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Last month a motorist had to spend $40,000 to repair his motorcar which was damaged by one of two men who were involved in a fight at a dance. According to the motorist, he had parked a few yards from the dance when the two men began throwing stones at each other. One of the stones damaged his windscreen and dented sections of the car. "I spoke to the man who threw the stone which hit my motorcar and he promised me that he would pay for the repairs," the motorist said. "I took the car to my garage, got an estimate for the damage, which amounted to $40,000. The man told me I should go ahead with the repairs and he would pay the mechanic. The mechanic worked on my car and completed the job within a week. I went to the man and asked him for the money to pay for the job and he said I should check him back the next day. Well, the next day, I went to his home, hoping to collect the money, but I was told he was not at home. I called him at his workplace and he told me to meet him at a certain bar later that day and he would give me the money." failed to answer my calls "I went to the bar and waited all night but the man did not turn up. He also failed to answer his calls. the next day when I telephoned him he did not answer. I borrowed my friend's telephone and called him and he answered. When he heard my voice, he said I should go to my insurance company with the matter and then turned off his phone. I did not report the matter to my insurance company because the man promised to pay for the damage. When I went for my motorcar the mechanic said I had to pay him before he would hand over the motorcar. I had to find the $40,000 to pay the mechanic and since then, I have not heard from the man who damaged my car, although he knows my telephone number and knows where I live. Now this man is working and can afford to pay the $40,000 so I am thinking of suing him for the money. I do not have any witnesses. Do you think the fact that I do not have any witnesses will prevent me from getting my money?" the man asked. The fact that you do not have any witnesses should not prevent you from filing a suit in the civil division of the Resident Magistrate's Court to recover your money. If the man does not admit owing the money when he goes to court, the Resident Magistrate will hear the case and then make a ruling in the matter. |
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