A Farmers milieu truck fell over into our yard at the farm and damaged our fence and the trees that was planted next to the fence. Now when we phone him to ask when he will come and fix he says that we should take him to court. I have photos of the incident as well as the police nearby was also at the scene. What can we do? I am from South Africa and do not see it at your state.
Go to the local county court house and file a complaint in the small claims court. It's easy and just like on television. Take your photos in, get a landscaper to get you a high bid to do the repair and take that to court with you.
Did the person that caused the damage report the damage to you at the time and leave his personal contact information and insurance? If not you should talk with a detective and get the person charged with Hit and Run unattended. Also you can file a claim in small claims court because I assume the damages are not that much and small claims court is a good way to get it done without an attorney.
Why is he saying take me to court? Why is he refusing to fix the fence? A lawyer needs to hear both sides of the story before he can decide on the advice that is appropriate. You indicate you are from South Africa, meaning you live there or are a South African living in Iowa? That's an important fact for me to know.
If the cost of repair to the fence is less than $10,000, you can take him to small claims court. In small claims court, an attorney is not required, though you can seek the advice of an attorney prior to going into court.
Do what he said! Take him to court. He is responsible, but if he is not man enough to own up to it, then have a judgment against him and take steps to collect on that judgment.
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