QUESTION
Claim filed in "16 alleged damage by cat in '13
Asked on Jan 19th, 2016 on Personal Injury - Virginia
More details to this question:
Received a claim after 3 years that my cat allegedly scratched an in 2013 ten year old sofa. In 2016, this sofa is still referenced as a "en year old sofa". The person claimed to have purchased the sofa for $1,000.--. and wants that exact amount. The person has several pets and is known to be a hoarder leaving feces and urine around the house, letting her own pets on her sofa. Furthermore she is harassing my minor child with questions re: my status as an immigrant, my legal name, date of birth etc. I heard that her claim amount is absurd, and that the sofa cannot be valued at that price. Plus how can she proof something that happened 3 years ago?
1 ANSWER
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This is a property damage claim. for which an action may be brought within 5 years. It would be a matter for small cliams court and you would not necessarily need an attorney. The plaintiff has the burden of proof and you have correctly stated the problems with proving value, which is an element of the claim. If damage could be proven (which sounds problematic also), the plaintiff is not entitled to the purchase price; only the cost of repairs (which requires some evidence).
Answered on Jan 25th, 2016 at 7:28 AM