Bexar County Small Claims Court (attorney, buying, fence)

[shenane]

Hi
In May 2007, I paid 10K to put up a concrete fence because my neighbor's Rottie kept chewing up our wood fence.

Last month (Dec 2007), I find out my neighbor has put numerous holes in my siding by leaning things against my wall. It's going to cost about 10K to replace the siding.

If I take her to small claims court, can I file two different lawsuits for each problem or do I have to combine them? I understand the maximum for Bexar County is 10K.

Thanks

[firstclassflyer]

NOW the full story is revealed. Weren't you the one that was wanting to pay your neighbor for an easement?

[The Man in SATX]

I believe that was the same person hee hee...

http://www.city-data.com/forum/san-a...asement-2.html

On the small claims court I am not sure about ... I have my own thing going and it is a pita!

[CelesteDF]

My understanding is that Bexar County Small Claims limits each case to $5000, so you would be eligible to file two cases at a limit of $5K apiece and recoup a total of $10K.

[the_dimwit]

How long ago was the concrete fence put up? I'm no attorney, but I can imagine that there would be some sort of consent given when you pursued such an option instead of taking her to court then. What sort of documentation re: conversations about the fence have you had with her? Can you prove that her dog was the culprit? Did you take pictures?

The same goes for the siding. The burden of proof, unfortunately, is completely with you since you're the accuser.

--Dim

[shenane]

Yes. That's me I tried to go over and talk to her about a week before the new years but couldn't get in contact with her. I sent her a letter on New Years eve stating that if she would let me pay her 1K for a a small strip of her land and let me put a fence on the side of my house, then I wouldn't ask her for any damages that she has done to my siding. And I sent her the 10K estimate for the siding.

As of today, I haven't heard anything from her.

I was thinking that it might be worth it to pay her for her side of the yard and put in a divider fence to discourage her from putting holes in my house. I plan to wait one week for her to contact me, then I will try to talk to her and if she doesn't agree, then I will go ahead and sue for for not only the siding, but the fence and a termite treatment (lots of wood stacked against my house), etc..

Originally Posted by firstclassflyer

NOW the full story is revealed. Weren't you the one that was wanting to pay your neighbor for an easement?

[shenane]

What do you have going on?

Originally Posted by The Man in SATX

I believe that was the same person hee hee...

http://www.city-data.com/forum/san-a...asement-2.html

On the small claims court I am not sure about ... I have my own thing going and it is a pita!

[the_dimwit]

Wow. Sounds like a predicament. Just a suggestion, but document in great detail what you've done so far, including any conversations (attempted or otherwise) and anything else you can produce in court. I'm sure you've already thought of this, though...

--Dim

[shenane]

Good point. I asked her to sign a paper agreeing to the fence on her side and I sent that to the HOA. I'm hoping my othe neighbors might help me out. they saw me buying wood several times to replace the chewed up board until I finally just put in concrete.

Originally Posted by the_dimwit

How long ago was the concrete fence put up? I'm no attorney, but I can imagine that there would be some sort of consent given when you pursued such an option instead of taking her to court then. What sort of documentation re: conversations about the fence have you had with her? Can you prove that her dog was the culprit? Did you take pictures?

The same goes for the siding. The burden of proof, unfortunately, is completely with you since you're the accuser.

--Dim

[the_dimwit]

Well, if you can get your neighbors to sign some sort of affidavit stating that they witnessed installation of replacement boards that would probably go a long way to help your cause. Problem neighbors are never easy to deal with, especially if they refuse to even talk to you. It often signifies that they know of their wrongdoing, but either don't care about your property or are scared of confrontation. Either way, it's not a fun experience.

--Dim