If a guest of mine damaged my home by starting a fight with his boyfriend, what should I do if he does not pay for the damages?

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If a guest of mine damaged my home by starting a fight with his boyfriend, what should I do if he does not pay for the damages?

I invited 2 friends over for dinner. We all had too much to drink and one of the guys got violent and slammed the door and broke it, as well as breaking a lamp and knocking over furniture. He apologized the next day. The damage was $1600 and he agreed to put the check in the mail the following day. I did not receive a check so what should I do? What can I do?

Asked on May 8, 2012 under Bankruptcy Law, Alabama

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue your guest for trespass to chattels.  Chattels are personal property.  Trespass to chattels is the intentional taking or damaging of the personal property of another without consent or privilege.

If your guest does not pay for the damages, you can file a lawsuit against him for trespass to chattels in Small Claims Court.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the $1600 cost of repairs or replacement of the damaged items plus court costs.  Court costs would include the court filing fee and process server fee.


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