Vexatious Litigation

Hello,

I am having a problem with a neighbor with whom verbally threatened my cats in June 2008. We exchanged ugly words but the next day the neighbors wife apoligized. I accepted and apoligized as well indicating to her that I was upset about her husbands threat to harm my cats. I subsequently turned my cats into indoor cats to keep peace after I spoke with JC Animal who informed me of the containment law.

Several weeks later, this neighbor's son approached me and asked if I was aware of anyone's dog urinating on his car tires. I indicated to the son that I wasn't aware of anyone and that I didn't allow my dog to urinate on anyone's personal property. I continued telling him that I walked my dog the route I did to avoid people's personal property.

Recently, on September 9, 2008 at 4:37 while walking my dog past the neigbors son's car, the son call yelling and screaming out of the garage obscenties and threats that if he saw me or the dog near his car something bad would happen to me. I walked away and hurried home. An hour and 10 minutes later just prior to leaving for work, I walked my dog again. This time the son was leaning against his car (which is parked on roadway across from his residence) and once again he began to call me names and threaten. I informed him that if he didn't immediately cease with the behavior that I would contact the police. This appeared to infuriate him and he continued to yell obscenities.

Again I walked back to house and contacted sheriffs department. I informed sheriff department that I was on my way to work as I had a Safety Training Class I was giving and wanted to have a Sheriff come to my home that evening to take a report. The dispatcher advised that I call back when I was at home. At 5:50pm I arrived home and contacted Sheriff Department. Approximately 10 minutes later an officer called me. I explained to the officer the incident that occurred that morning and he told me I needed to go to the Magistrate's office.

The following morning the son was leaning up against his car as though he was waiting for me and again make lewd comments. That afternoon I went to the Magistrate office who in return issued a summons for the son to appear in court.

The son then filed a summons on me indicating that my dog runs around free in the neighborhood. This was not true and I spoke with numerous neighbors who were willing to prepare a notarized letter indicating that my dog was a house dog who only left the house when I walked him on a lease.

Court was scheduled for 9/23/08 and I had only been served on 9/19/08. I contacted the court on Monday 9/22/08 informing them that I had the State of NC coming to my site to perform an Title V Air Inspection and as the EH&S Engineer I needed to be present. They rescheduled the date to 9/30/08 which was when my case against him for communicating a threat was scheduled for.

Apparently the son and his parents when to the court on 9/23/08 and were informed that it had been moved to 9/30/08. Apparently on the same day, the father filed a complaint against me for communicating a threat dating back to 6/23/08.

It appears that the parents who I had an exchange of words with on 6/23/08 were retalliating against me for filing a complaint against their son.

Does this appear to be Vexatious since it was filed 3 months after the arguement in which both the father and mother verbally attacked me and also subsequent to my filing a complaint against their son?

frustrated citizen:?:

 

Why are you posting this on a public forum instead of asking a true to life lawyer?

 

I posted the question here to get a feel for what others think about this situation and perhaps some advise as to how to stop this neighbor from harassing me.

 

This is not a good area of the forum to post such a question. I would suggest "Discussion Group"

Be that as it may, though. What sort of response do you think you'd get? Do you think anyone would side with your neighbour based solely on your post? Hardly.

As far as advice, once again, the advice is to get a lawyer. Your post indicates you have tried talking, so aside from that, other potential advisories would include ignoring them, or walking over with a shotgun and a dozen rounds of double ought. Neither of these will solve your problem, however.

 

Cats can be quite sneaky and not always that truthful, did your cat tell you in detail what the threats were?
What was the outcome of the courtdate on the 30th?
Did your cat take the stand?
Please, I want details.
Spunky

 

So its not vexatious

Spunky, first off you are quite the funny one..

No my neighbor threatened to cause harm to my cats if they weren't contained. He had traps and indicated he would get rid of them and when I asked him if he would hurt them, he shrugged his shoulders and said "I will most definetly get rid of them".

The court date on the 30th was not related to him but his son who threatened me at 4:37 am convinced my dog was urinating on his car. I went to the magistrate who issued a summons to my neighbors son. The son in return had a summons issued to me claiming my dog runs around free.

I had a witness who was willing to testify that my dog is an indoor dog and only goes out with me when on a leash. The son, his father and mother were at the court and bowed out when they realized I had a witness and 15 letters almost all of which were notarized indicating that my dog does not run free in the neighborhood.

In return the father (neighbor) has issued a summons on me claiming "communication of threat" dating back to June 23, 2008. He filed this on 9/23/08, three months after the original arguement we had over my cats.

First off I never threatened him other than tell him that if he touched one of my cats I would get the law invovled. Now if that is a threat then I am guilty.

How could the magistrate even issue a summons for something that happened three months earlier. In order to give a summons for communication of threat doesnt there have to be fear and how can you have fear three months later.

 

We've had our share of neighbor problems. Our attorney advised us to get a audio recording device and keep it with us whenever some "neighbors" were outside at the same time we were. It paid off because we caught the threat on tape along with many other horrifying things being yelled at/about us.

In my opinion, the judge will likely see that your neighbor is simply mad because you took his son to court and that he will understand that's why the man suddenly, after three months, decided to have you served. But, since this has been filed against you, you have to decide if you want to defend yourself in the people's court or if you want to hire an attorney (unless your income will qualify you for a court appointed attorney.)

I think a recorder would be very wise for you as this will probly continue. Just tuck it in your pocket (or other clothing) when you walk your dog or come in contact with these neighbors.

I hope things work out for you. We've been dealing with several neighbors harassing us and our children for almost 2 years now. It stinks!! Gone is the peace and sense of community we once had in our neighborhood.
:evil:

(p.s. Since your new here, don't let Clif scare ya, he's a good guy, just likes to debate almost anything [you know you do Clif] :mrgreen: )

 

Okay, they "bowed out"? What does that mean? I mean, if the magistrate had issued a summons for the son to appear in court for "communicating a threat" then did the judge find him guilty of it or not?

 

Hey, we talk about anything and everything on this board so don't let anybody make you think otherwise. And like usual, just beacuase you don't have a bizilion posts and have reincarnated yourself on numerous occasions doesn't mean you're not as entitled to post whatever the heck you want. Don't be fooled... you don't have to just post about the anti-Christ to get any responses around here. :jester:

 

What...WHAT anti-Christ! Haven't you been listening. That's it...I'm tellin' on you Cmama.....

Oh Cliiiffffff......
:jester:

(just ignore this frust cit.)

 

Girl I never was listening. I have my fingers in my ears and I'm humming loudly. :lol:

 

:mrgreen:
LaLaLaLaLaLaLaLa!! (with fingers in ears)

 

Thanks

When I arrived at the court on the 30th I had my witness as well as a large number of notarized letters from neighbors stating that my dog does not infact run at large as they charged.

When they say my witness they immediately started searching for their attorney. Recess was called and when I came back from recess the DA informed me that my charge against his son for communicating a threat would not likely go since his threat (Something bad will happen to you) would be challenged by his attorney that he was simply wishing bad karma on me and not a threat.

What I meant by bowed out is that they did not want to proceed is my assumption because when I got back to the court after recess the DA told me I was free to go.

 

So was the charge against you about letting the dog run loose dropped alreay too?

 

Yes, the charge that I allowed my dog to run free was never heard as apparently the neighbors must have had their attorney not persue since I had a witness and numerous notarized letters. When I returned from the recess the DA called me over and told me I was free to go.

Since then the neighbors parents have now filed a charge that I communicated a threat to them on June 23, 2008. This was filed on September 23, 2008 when we were to be in court but I had it moved to September 30, 2008 due to a NC State Title V Air Inspection at my Plant.

 

Are you telling us that if a dog is running loose, it's now a court related matter?
I thought the Humane Society is the one's that pursue these type of claims, charges, allegations?
Can someone clarify that for me?

Also, would you share the name of the attorney that actually represented your neighbor?
Any attorney that would take a case of a dog running loose to court makes me wonder about the ethics of that attorney... do ya'll agree?

 

Well it is the LAW that animals be contained in this county, and not run free. If one had enough money or time, I suppose they could and would retain an attorney to handle the matter.

And for the record, I would trap your cats too. I would call animal control, and it would cost you 25 bucks to get each one back. The next time it happened, it would cost you 50 bucks, and so on. See, I don't have cat. So I shouldn't have to deal with them pooping in my kid's sandbox or scratching up my car.

I also have a hard time believing that you didn't let your dog **** on the man's tire either. That would be tempting.

 

I wouldn't continue to have any more verval barbs with these people and I would contact Allan Tew 553-6142. Let him advise you.

 

Well ya just might need to define who "these" people are because we're kind of a diverse group around here. You've got your so annoying you want to pull your hair our people, the folks with always a smart remark, the bible thumpers, the morons, the really cool smart people (as far as I am concerned next to myself of course, Cleo is the head of this group...I just love her) and don't get me wrong, at some time or another over one's life on this board we will all fall into most of these categories so generalizations are just not a good thing.

Oh come to think of it there are also the just down right rude folks and today that's you!! Congrats and happy saturday to ya.

 

You are quick to jump to conclusions, did it ever occur to you that "these" people are her neighbors? Talk about rude.