Bob_Ag said:
CS78 said:
Small claims can be a MFer. Elected JP judges with no required legal experience. Ive seen them ignore the evidence and legal standing and rule in favor of whomever they sympathize with. Often times the person filing the suite and voting in their precinct. And sometimes those rulings can be pretty substantial from the money side. I'm not saying to bow down but don't ever assume how things will turn out in court. Especially JP court.
Those are some fairly broad strokes you are painting. My experience in small claims was nothing like you described. None the less, if they took him to court over the fence, they still have to prove damages beyond the cost of repairing the fence issue, and what would those be? Possibly a fine from the HOA, that's pretty much it.
But sure, anything can happen. That's why they can appeal within 10 days of the ruling and have it heard in front of a new judge.
That's all assuming this person has any evidence beyond his word of mouth.
CS78, that's exactly what I experienced in small claims court. The JP, who has since died, told me he ruled against me because he knew the lady couldn't afford to rectify the problem, but he knew that I had the money. He also said he'd deny he ever said that to me.