Oh great....we're being sued

[ktlm]

This is small claims court - lawyers aren't allowed, right?

I can't give you any advice for where you are, but around here lawyers are definitely allowed in small claims court and are there all the time. There are always a lot of people that sue in small claims court without a lawyer, but lawyers are definitely allowed. The bulk of small claims cases that get filed are just someone not paying their bills- those are the types where you often won't see attorneys. You also will see some cases of the type filed by your neighbor individually-- at least around here, you will often see attorneys defending those cases mostly which have been hired by the defendant's insurance company. With the small claim limits rising (here it used to be $2,000 and now it is $6,500), you see a lot of plaintiffs, both with and without attorneys, filing cases in small claims court that are the size and type of cases that used to be in regular court- car accidents, property damage, etc. You will also see lots of defense lawyers in the courtroom because once you notify your insurance company, of this type of claim, assuming it is covered under the policy, they will hire an attorney to represent you and to go to small claims court with you. Also, you should be aware that if something crazy were to happen and she got a judgment against you, that if you don't tell your insurance company before the small claims action where they have a chance to defend the litigation on your behalf, depending on he law in your jurisdiction, they could deny coverage and you would be left stuck with the judgment yourself. Hopefully, you will win the case, but there are ever any guarantees.

 

[disneychic2]

Good luck to you. Sorry you have to go through this.

 

[tlbwriter]

We know of some not-so-legal activities she's been pulling off. Like homesteading her house when she didn't live there (she rented it out), her apartment isn't legal (she doesn't have the proper permit and wouldn't be able to get one due to lot size restrictions) , and it doesn't have a proper egress per state building code. I would even wager that she doesn't pay income tax on her rental income. I was thinking of bringing that up in court - that we shouldn't be liable for the full amount of rent because she would have had to pay taxes on that, so, if we are found liable, we should only have to pay the after-tax amount (I have no idea if this is true, but at least it might make her feel uncomfortable if indeed she isn't paying taxes).

For years she has written us nasty letters, threatened us, and just in-general been unbearable (yelling out the windows at us, calling the cops, ...). We have all of this documented. As hard as it has been, we have ignored her. I am ready to open up this whole can of stink I have on her. I just don't know how I should go about doing it. Should I let her know I have all of this information on her and will go to the authorities (assessor's office, city code enforcement, possibly IRS whistle blower) with it if she doesn't drop her suit, should I just go to the authorities now and let the chips fall, should I wait until after our court date to go to the authorities?

If your goal is to avoid court, I might mention some this to her. "Hey, I'm surprised to see you're suing us for lost rent, since there's no way you could legally be renting this apartment. Aren't you concerned about being caught with your illegal rental?"

 

[Debbie7452]

We had some horrible neighbors once and encountered a situation where we needed a lawyer. My Dh and I were upset every time we saw those neighbors. We liked our house, but we decided to move. It was the best decision we ever made. Now we have peace...

I feel for you, since I've been there!

 

[LisaNJ25]

Not necessarily. We have a home in our neighborhood that is being used as a boarding house. The owner couldn't sell if for the price he wanted, so he moved out and decided to rent out rooms to individuals/families. They have common use areas; kitchen, bathrooms, living spaces. This is not permitted according to zoning laws.

This has been going on for at least 5 years. The township is well aware of the situation, but has done absolutely nothing to rectify the situation.

Thankfully, the people living in the house maintain the property and aren't a nuisance.

Thats the case with a huge % of houses in my town.

OP Good luck. Its pretty stupid for her to sue you if it isnt a legal apartment. This could and should backfire in her face.

 

[starwood]

By us the cases that have lawyers get to go first. If the apartment is illegal she will not be able to collect lost rent from you. The concept of clean hands comes in to play. She will not be rewarded for illegal activity.

Also around here small claims court works like this: you are scheduled for a date. When you arrive you are assigned an arbitrator who tries to make a deal between the 2 parties. If no agreement can be reached you are then scheduled for another court date to be heard by the judge.

 

[mtblujeans]

If your goal is to avoid court, I might mention some this to her. "Hey, I'm surprised to see you're suing us for lost rent, since there's no way you could legally be renting this apartment. Aren't you concerned about being caught with your illegal rental?"

This is what my DH recommended when I read the post to him.

You should know that, in our experience, you may not be able to get your expenses re-imbursed for appearing in court that day (lost wages, childcare, etc.).

If it was me, I would take all of the info you have referred to and meet her in court. She doesn't really have a case, IMHO. She just looks like someone who can't afford to maintain her property and she's trying to force her neighbors to pay for what she wants. For her, this is the cheapest way to try to force the issue since she doesn't have to hire an attorney.

 

[maddiesmom0116]

I would not post details of an active lawsuit on a public forum- it really doesn't look good for you.

PP is correct, one of the first things your attorney should tell you is to be careful what you post online. Your comments can be tracked back. I don't see anything important that could be used against you from the original post, but be cautious. Evidence from online blogging or social media is getting to be very common in many jurisdictions.

I personally would wait to turn her in on the code violations until after your case is won.

 

[moongirl]

Make sure you also take with you all of the paperwork that you filed to allow the building of the garage - permits, etc. issued by your township as well as any final inspections, etc. Also, take copies of any ordinance you may refer to. The judge won't take your word for it. You need that evidence just in case. If you know the tenants of the apartment, you may want to get statements from them about the flooding incident. They may be good witnesses for you as well.

 

[NYCDiane]

I just wanted to add one thing.... if the apartment she's renting out is illegal, she can't sue you for "lost income". Also, I would absolutely report her to the town for the illegal apartment --- and you have proof in her legal papers against you since she says she lost income for the rental!

 

[bettymae1121]

If you plan on showing video during your court case, you may have to have a petition (motion? something?) stating that you'll be having an exhibit when you present your evidence, so be sure to look into that when getting info on how small claims cases work in your county. If you have time off on a day when court is in session, maybe go and sit in for a little while and get a feel for how your local courts work, that way you'll have a feel for how things will go for you when it's your turn.

 

[akcire]

OP-First in most jurisdictions you are able to have a lawyer to defend yourself in small claims court. Some places allow lawyers on both sides, but nearly everyone allows the defense to have a lawyer. I would contact a lawyer, and consider counter suing for legal fees.

Second, I would call the city and talk to the zoning officials who originally approved your new garage. I would ask them to issue an opinion letter on the structure you had built, and that it meets or exceeds all building code requirements. This is the only thing that is important. You can not control what happens on other properties, you can only follow the zoning laws and be responsible for your land. (An exception being if you had a large municipal drain on your property and you intentionally covered it to prevent proper drainage on her property--then you could be liable for water issues).

Honestly, it sounds like all she needed to do to prevent this rain water issue is attach some large black plastic pipe to the bottom of her downspouts to divert the water to somewhere else on her property, but we all know people are stupid.

Third--Because I am mean, I would 'silently' and anonymously drop a dime on all the other issues mentioned to the proper authorities. If she has an illegal apartment that is a matter for either a housing office or the fire department, depending on how your jurisdiction splits building code responsibilities. The homestead exemption is a matter for the county taxing authority, you can see her tax bill it is a matter of public record. If she is taking a homestead exemption, and not living there, it may be a felony (depending on the amount of the fraud--which would make it a matter for the state's attorney). As for the undeclared rental income, too hard to prove--don't bother with the IRS.

 

[cheshireqt]

Stick to the facts of the case at hand. Opening up all of those other issues will just complicate the record for the judge. Your defense is strong, so you want the judge paying attention to just the facts of the case.

Generally speaking (this varies some by state), each homeowner is responsible for their own runoff, and has to deal with any normal runoff from adjacent properties. The video you have should be helpful evidence. I think I'd approach it like this:

1. Her runoff problem is a result of the manner in which she maintained her property. Your garage has nothing to do with it.
2. Even if the runoff is partially your responsibility (and you're not conceding that it is) she's not entitled to compensation for lost rents, as Athe rental use of her property is illegal (be prepared to cite specific State/Municipal Code provisions, and not just what you "know" to be true).
3. As for her window, the level of privacy she desires is her business. That window is like any other window in her house. You're not responsible for buying her curtains because you can see through her front window.

Don't get into that other stuff. It won't help defend you, and the judge isn't going to award you damages for being annoyed - at least not the first time. Keep all of your records from this suit, and if she files again after she loses, then countersue for malicious prosecution/abuse of process/whatever the appropriate responses are in your jurisdiction.

This If you do counter sue, include all fees you incur defending yourself.
For what it is worth it sounds like this is just going to be a big headache. If and when she does get a tenant, and you are sure it is illegal, report her.

 

[bumbershoot]

As I was reading, I was thinking "I hope that apartment is legal!"...then I read it isn't. Very odd neighbor...

Stick to the facts of the case at hand. Opening up all of those other issues will just complicate the record for the judge. Your defense is strong, so you want the judge paying attention to just the facts of the case.

I agree.

Second, I would call the city and talk to the zoning officials who originally approved your new garage. I would ask them to issue an opinion letter on the structure you had built, and that it meets or exceeds all building code requirements. This is the only thing that is important.

I agree with that, too. Not sure if they will do it...my good friend is a city planner who is very involved in permits like that, but I'm not sure that her office would create such a document. But you can ask!



Since you've been just living with the illegal stuff going on, I'm not sure I would want to get vindictive now, but you could always find out who you *could* report such things to, if the situations ever became unbearable to you.



And yes, I agree...get rid of this thread.

 

[corndog]

1. Absolutely notify your homeowners insurance.
2. If your insurance does not provide one, get a lawyer, small claims or not.
3. What state are you in? Laws concerning liability for water runoff vary by state, but you can rest assured they are well established.
4. If your neighbor has a competent attorney none of the other illegal acts would be admissible. But you definitely want to judge to hear all those things so it is clear that she is a bad person.

 

[cheshireqt]

On second thought. If she currently has a tenant in her basement, and that is illegal, and it is part of her claim that she needs to repair the place for new tenants...I think you should report ASAP. Saying her place is illegal is not the same as having it a matter of public record. Also those poor people may be living with mold and who knows what They may need this very thing to help them in a future case against her See how noble you are

 

[ScottOKW2K]

See is suing us for loss of income $1200 (she has an apartment in her basement)

Have some fun - report this to the IRS. I'm sure they would love to know about that !

 

[cm8]

Document, document, document. If she is renting illegally, report her, and get the paperwork showing that she was illegally renting. Make 5 copies of the video you have. Give one to the insurance company, put one in a safe deposit box and make sure you give one to the attorney if you get one. I would also post it on you tube or some other site as evidence.

I would make sure to get every report that she has ever filed on you (police, HOA complaints) and have them copied. Keep one in your SD box as well, it will add to your proof of being harassed.

Mean neighbors make you wanna, but you have to be careful not to resort to physical attacks and attempts. Hit her where it hurts ( her pockets) and make her life a living nightmare. I guarantee she will back off when she knows you mean business. Good luck!

PS, don't resort to name calling either even if she is acting like any of the words you know

 

[andycat]

If you don't have or know an attorney, check with your state's Bar Association - in many states they will provide a referral to an attorney who will meet with your briefly for a very modest sum - for example, 20 minutes for $50. Do this even if attorney's aren't allowed at the Small Claims trial, as they can advise you how best to represent yourself.

If attorneys are allowed, this is a very cheap way to see if you at least like the attorney's personality and style - you can always get a 2nd or even 3rd referral if you don't like the first one or two.

Some states even allow you to make the referral request through their web site.

Make certain to keep track of all these direct expenses - you probably won't be compensated for your time, but you may be able to recover your expenses if you win, even if you don't counter-sue. But you won't be awarded anything if you don't ask and/or can't back it up!

 

[ColoradoDisneyFreaks]

I would make sure to get every report that she has ever filed on you (police, HOA complaints) and have them copied. Keep one in your SD box as well, it will add to your proof of being harassed.

I think this is very important. You need to document the continuing pattern of harrassment, and then, get a lawyer, and have them draft a letter to her stating that if she continues to pursue the matter you will fight her in court as well as sue for legal fees and time reimbursement. Once that's done, see about filing a restraining order for harrassment.