Filing a civil suit myself

[katie33kate]

What is the name of your state (only U.S. law)? CO

I cannot afford a lawyer. But, I think with the right information I could do this myself.

Is there a website that can offer step by step process to assist a pro se filing?

I fully expect to win the case my neighbor filed against me to gain a restraining order. (See recent post under landlord/tenant). I cannot think that this neighbor is ever going to stop until I make it too painful for her to continue. So...I think if I pursue a civil case for harassment and slander I could eventually bring her to the point of really wanting to make a settlement with me.....I would seek an agreement that all of it stop ..period..no more.

One other quick question....to what extent is the lies in the complaint she filed going to rebound on her when I provide evidence that she wrote lies to get the protective order? How unfavorable will the judge react to her attempt to use the court to assist in harassing me? Might he order she to cease and desist thereby saving me the trouble of filing a civil suit? Can I ask for that in the hearing on her complaint seeking a permanent protective order?

Thanks for your time....

 

[Proserpina]

What is the name of your state (only U.S. law)? CO

I cannot afford a lawyer. But, I think with the right information I could do this myself.

Is there a website that can offer step by step process to assist a pro se filing?

I fully expect to win the case my neighbor filed against me to gain a restraining order. (See recent post under landlord/tenant). I cannot think that this neighbor is ever going to stop until I make it too painful for her to continue. So...I think if I pursue a civil case for harassment and slander I could eventually bring her to the point of really wanting to make a settlement with me.....I would seek an agreement that all of it stop ..period..no more.

One other quick question....to what extent is the lies in the complaint she filed going to rebound on her when I provide evidence that she wrote lies to get the protective order? How unfavorable will the judge react to her attempt to use the court to assist in harassing me? Might he order she to cease and desist thereby saving me the trouble of filing a civil suit? Can I ask for that in the hearing on her complaint seeking a permanent protective order?

Thanks for your time....

Filing a defamation suit is going to cost you more than you could ever hope to receive back. You're thinking in terms of thousands of dollars (and that's being extremely, almost ridiculously, conservative) before it even gets started, from a realistic point of view. You would gain nothing in return, and any slander is almost guaranteed to continue regardless. A "cease and desist" has no legal teeth, and the court will not order one to begin with - these are generally letters sent by attorneys to persuade the other party to ... cease and desist whatever offensive action they're doing.

In other words, there is really not a whole lot you can actually do.

 

[quincy]

First, here is a link to your other recent thread in the Libel section of the forum, so forum members have some background information:
https://forum.freeadvice.com/libel-slander-defamation-88/neighbor-landlord-working-slander-me-use-court-do-615842.html

You can still take advantage of the links I provided you in that thread to find legal assistance in your area. If money is a problem, you should know that you can ask an attorney for "limited" representation. You would pay the attorney to help you only through those areas that you are finding difficult managing on your own (for instance in filing the proper forms). You do not, in other words, have to hire an attorney to represent you for an entire case.

If you are considering filing a civil action against the neighbor/landlord, here is a link to the US District Court of Colorado's "Filing Civil Suits - Pro Se." On the home page, first read (c), as that is what appears to apply to you and the forms you will need. Then go to the left hand side of the page and click through the links provided - the Rules of Civil Procedure, Local Rules, etc.

This is what you will need to know if you want to handle a case on your own:
http://www.cod.uscourts.gov/RepresentingYourself/FilingCivilSuits-ProSe.aspx

From your thread posted on the second, you said that your neighbor has filed for a restraining order against you and you need to appear in court (at that time it was in 10 days - you have less time to prepare for court now). You will be able to address any "lies" told by your neighbor at that time. You will want your witness to appear with you and you should take any additional evidence you might have that can help you refute the lies. The judge can, based on your evidence, tell the neighbor to stop harassing you, if he finds the neighbor's petition for a restraining order has no merit.

I do not see the advantage in you filing a civil action for slander at this time - but you should discuss this with the attorney I am once again going to recommend you see. You can ask about an attorney assisting you on a limited basis if, after the hearing on the restraining order, you still feel the need to file a legal action of your own. You can also discuss with the attorney you see the possibility of him drafting and sending a cease and desist letter to the neighbor - but this does not relieve you of the obligation you have to appear in court for the hearing on the restraining order. With the evidence you have, it is possible that the judge finds a restraining order is not necessary.

Finally, I agree with all that Proserpina said in her post. Defamation suits are costly and there is no guarantee you would be successful with a suit. These tend to be difficult suits that are not easily handled as a pro se.

Good luck.

 

[FlyingRon]

You are missing a few things you'd need to prevail in a civil suit.

First off, anything that goes on with the court over the restraining order isn't likely to be actionable defamation. The person would need to have made knowingly false statements to someone else (not to you and not to the court) for it to even be actionable.

Second, what are your damages? Just getting your feelings hurt is not going to be worth much. You're going to need to show some tangible valuation on your repuation or business.

The great attorney Louis Nizer also described libel actions like this:

Mr. Nizer told him to think of the insult as if he had mud splashed on his suit. If you try to clean it away while it is fresh, you will just streak your clothes and the stain will be with you forever. But if you do nothing and wait until the mud dries, you could flick it off and it would leave no mark.

 

[katie33kate]

Not seeking money

Ah, well. It would be a good thing to get her to leave my parents and myself alone. My only thought was to tie her up in legal proceedings until she seeks to promise to knock it off in exchange for having it all dropped.

I have an attorney who has helped me prepare and organize my reply to the restraining order. I have actual evidence and witnesses who have already given me Sworn ( and notarized) affidavits. I have pictures of the damage, I have documentation from various sources including the local volunteer organization that the plaintiff tried to bully them into stopping work on the ramp and get them to tear it down. Etc, etc, etc.

I will succeed in getting the complaint dismissed. But, I would like to find a way to make this the last of the harassment and slander from her.

CLS does classes for specific issues...they do not give legal advice or provide lawyers except for domestic abuse.

The bar assoc. has a possible list of Pro bono...but, it making phone calls the answer I keep getting is ." .NO, we do not do that any more".

Thank you for the reply. I guess I am on my own.

 

[quincy]

Ah, well. It would be a good thing to get her to leave my parents and myself alone. My only thought was to tie her up in legal proceedings until she seeks to promise to knock it off in exchange for having it all dropped.

I have an attorney who has helped me prepare and organize my reply to the restraining order. I have actual evidence and witnesses who have already given me Sworn ( and notarized) affidavits. I have pictures of the damage, I have documentation from various sources including the local volunteer organization that the plaintiff tried to bully them into stopping work on the ramp and get them to tear it down. Etc, etc, etc.

I will succeed in getting the complaint dismissed. But, I would like to find a way to make this the last of the harassment and slander from her.

CLS does classes for specific issues...they do not give legal advice or provide lawyers except for domestic abuse.

The bar assoc. has a possible list of Pro bono...but, it making phone calls the answer I keep getting is ." .NO, we do not do that any more".

Thank you for the reply. I guess I am on my own.

Courts are not supposed to be used just to tie someone else up in legal proceedings. In fact, that would be an abuse of the court system. If you have a legitimate complaint, you can file a lawsuit. If you don't, you shouldn't.

I suggest you concentrate on the upcoming hearing on the restraining order. That is what is most important to you now.

If your evidence showing a restraining order is not necessary is not compelling enough to convince the judge, and a restraining order winds up being issued, the restraining order works both ways. Just as you will be prohibited from having contact with the landlord/neighbor, the landlord/neighbor cannot go out of her way to put herself in contact with you. In fact, a restraining order might be just what is needed to stop all of the nonsense.

Whatever happens in court, I wish you good luck with it, katie33kate. I am sorry we are unable to help you in the way you were hoping we could.

 

[Proserpina]

Ah, well. It would be a good thing to get her to leave my parents and myself alone. My only thought was to tie her up in legal proceedings until she seeks to promise to knock it off in exchange for having it all dropped.

I have an attorney who has helped me prepare and organize my reply to the restraining order. I have actual evidence and witnesses who have already given me Sworn ( and notarized) affidavits. I have pictures of the damage, I have documentation from various sources including the local volunteer organization that the plaintiff tried to bully them into stopping work on the ramp and get them to tear it down. Etc, etc, etc.

I will succeed in getting the complaint dismissed. But, I would like to find a way to make this the last of the harassment and slander from her.

CLS does classes for specific issues...they do not give legal advice or provide lawyers except for domestic abuse.

The bar assoc. has a possible list of Pro bono...but, it making phone calls the answer I keep getting is ." .NO, we do not do that any more".

Thank you for the reply. I guess I am on my own.

You should be aware that for the most part statements from others are considered hearsay and are inadmissible even if they're notarized; you'd need to get your witnesses to actually testify.

 

[latigo]

First, here is a link to your other recent thread in the Libel section of the forum, so forum members have some background information:
https://forum.freeadvice.com/libel-slander-defamation-88/neighbor-landlord-working-slander-me-use-court-do-615842.html

You can still take advantage of the links I provided you in that thread to find legal assistance in your area. If money is a problem, you should know that you can ask an attorney for "limited" representation. You would pay the attorney to help you only through those areas that you are finding difficult managing on your own (for instance in filing the proper forms). You do not, in other words, have to hire an attorney to represent you for an entire case.

If you are considering filing a civil action against the neighbor/landlord, here is a link to the US District Court of Colorado's "Filing Civil Suits - Pro Se." On the home page, first read (c), as that is what appears to apply to you and the forms you will need. Then go to the left hand side of the page and click through the links provided - the Rules of Civil Procedure, Local Rules, etc.

This is what you will need to know if you want to handle a case on your own:
http://www.cod.uscourts.gov/RepresentingYourself/FilingCivilSuits-ProSe.aspx

From your thread posted on the second, you said that your neighbor has filed for a restraining order against you and you need to appear in court (at that time it was in 10 days - you have less time to prepare for court now). You will be able to address any "lies" told by your neighbor at that time. You will want your witness to appear with you (or have a sworn statement from the witness) and you should take any additional evidence you might have that can help you refute the lies. The judge can, based on your evidence, tell the neighbor to stop harassing you, if he finds the neighbor's petition for a restraining order has no merit.

I do not see the advantage in you filing a civil action for slander at this time - but you should discuss this with the attorney I am once again going to recommend you see. You can ask about an attorney assisting you on a limited basis if, after the hearing on the restraining order, you still feel the need to file a legal action of your own. You can also discuss with the attorney you see the possibility of him drafting and sending a cease and desist letter to the neighbor - but this does not relieve you of the obligation you have to appear in court for the hearing on the restraining order. With the evidence you have, it is possible that the judge finds a restraining order is not necessary.

Finally, I agree with all that Proserpina said in her post. Defamation suits are costly and there is no guarantee you would be successful with a suit. These tend to be difficult suits that are not easily handled as a pro se.

Good luck.

1. " . . . . . . or have sworn statement from the witness."???? Have the Colorado state courts forsaken the hearsay evidence rule?

Perhaps the petitioner and the respondent could each gather up a bundle of "helpful sworn statements" and the presiding judge could put them on the scales of justice and decided the issues in that fashion.

2. Since you agree with ALL that what's her face posted, (which is indeed disappointing) then you must be in accord with her, "there is really not a whole lot you can actually do". And if so, then why the trouble of attempting to assist the OP by directing his intention to:

www.cod.uscourts.gov/RepresentingYourself/FilingCivilSuits-ProSe.aspx

And why that particular web site which has nothing to do with Colorado's rules of civil procedure. But is there to assist the pro se incarcerated in filing motions and pleadings before the United States District Court for the State of Colorado.

Not to mention suggesting that the OP incur the considerable cost of hiring an lawyer when again, "there is really not a whole lot (he) can actually do"!

AND why hasn't there emerged from this collaboration the mention of the OP filing a counterclaim for malicious prosecution? a/k/a abuse of process?

 

[quincy]

1.
... Perhaps the petitioner and the respondent could each gather up a bundle of "helpful sworn statements" and the presiding judge could put them on the scales of justice and decided the issues in that fashion.

Yeah, yeah, yeah. I made a mistake. I do that sometimes. Although I always appreciate your contributions to this forum, latigo, I must say I liked Proserpina's more subtle correction better.

2. ... And why that particular web site which has nothing to do with Colorado's rules of civil procedure. But is there to assist the pro se incarcerated in filing motions and pleadings before the United States District Court for the State of Colorado.

The website is a good one. I suggest you take a better look at what is there, perhaps by following the instructions I gave to katie33kate.

AND why hasn't there emerged from this collaboration the mention of the OP filing a counterclaim for malicious prosecution? a/k/a abuse of process?

Please expand on this for us, latigo. Thanks.

 

[katie33kate]

Please, my only goal is to end this

latigo,

Yes..maybe this is something I should follow up on.

I do not intend to use the courts for anything other than to achieve the single goal of stopping this.
If that means carrying on until a judge rules...so be it. I am only stating I am also willing to settle provide I achieve the same goal. The goal is not money, but ending this harassment and constant slander.

To say no actual harm has been done is to ignore the damage done to my parents....the cost of replacing the ramp, the property damage done by the neighbor and the simply horrible living conditions her constant slander creates for my parents. They spent their lives dedicated to service and volunteer work. Received many awards. But this neighbors continuous lies have cause people to avoid contact and deprived them of the only social contact they might have had otherwise. There is no dollar amount to place on that.

Until I arrived here to stay, the neighbor browbeat my parents into living under her constant bullying. My father could no longer get in and out of the house without someone nearly carrying his weight .. I made sure that ramp was rebuilt first thing!! (Sooner or later my back was going to give out too).

Was there damage? Oh yes.

 

[katie33kate]

Update since. My last post

Fool that I am.....I didn't follow through. My abusive neighbor filed against me seeking a TPO.

I gathered all the years of evidence I have. I gathered my neighbors to testify for me about the abuse. It is very clear the TPO was yet another tool the neighbor was attempting to use to harass me and my parents.

She lied on the stand. She had no evidence. She had no witnesses. I presented everything in the belief that the court would give me justice.

I now have a permanent restraining order against ME. She told nothing but lies. I had no idea what her lies would be in advance. Only a large amount of it was hearsay...yet the judge accepted all of it. When I objected to it..the judge ruled "objection overruled" !! Each and every time. She told a long string of lies about my parents, about me, about the manager, etc.

Nothing I said mattered. Nothing my witnesses said mattered. Nothing in my large pile of evidence mattered. Only her lies.

I am told I cannot win an appeal. The appellate court is required to begin from the position that the judge was right. In other words you cannot appeal a bad decision because it is predetermined to be a good decision. I am told that perjury is not prosecuted. Police won't take the report. DA won't take it unless it comes from the police. AG isn't willing to either. No one will even listen to the proof of perjury.

How do I protect my parents? I am going to be forced to move out ... My parents will be forced into one of those horrible Medicaid nursing homes. Because of her lies.

too bad someone didn't tell me to go get a TPO even lie to get it. There is no penalty for telling any lie...and every lie will be believed. The defendant cannot win against it...the defendant is automatically guilty.
Wish I had known...the tables would be reversed now if I had

So..is there any help for me? Is my life and my parents remaining years upended?

 

[Proserpina]

Fool that I am.....I didn't follow through. My abusive neighbor filed against me seeking a TPO.

I gathered all the years of evidence I have. I gathered my neighbors to testify for me about the abuse. It is very clear the TPO was yet another tool the neighbor was attempting to use to harass me and my parents.

She lied on the stand. She had no evidence. She had no witnesses. I presented everything in the belief that the court would give me justice.

I now have a permanent restraining order against ME. She told nothing but lies. I had no idea what her lies would be in advance. Only a large amount of it was hearsay...yet the judge accepted all of it. When I objected to it..the judge ruled "objection overruled" !! Each and every time. She told a long string of lies about my parents, about me, about the manager, etc.

Nothing I said mattered. Nothing my witnesses said mattered. Nothing in my large pile of evidence mattered. Only her lies.

I am told I cannot win an appeal. The appellate court is required to begin from the position that the judge was right. In other words you cannot appeal a bad decision because it is predetermined to be a good decision. I am told that perjury is not prosecuted. Police won't take the report. DA won't take it unless it comes from the police. AG isn't willing to either. No one will even listen to the proof of perjury.

How do I protect my parents? I am going to be forced to move out ... My parents will be forced into one of those horrible Medicaid nursing homes. Because of her lies.

too bad someone didn't tell me to go get a TPO even lie to get it. There is no penalty for telling any lie...and every lie will be believed. The defendant cannot win against it...the defendant is automatically guilty.
Wish I had known...the tables would be reversed now if I had

So..is there any help for me? Is my life and my parents remaining years upended?

Kate, I'm genuinely sorry it turned out this way for you. The problem - as you've just found out - is that in many (if not most) restraining order hearings boil down to your word against the other party's word and the court will typically err on the side of caution.

 

[katie33kate]

Not really

Kate, I'm genuinely sorry it turned out this way for you. The problem - as you've just found out - is that in many (if not most) restraining order hearings boil down to your word against the other party's word and the court will typically err on the side of caution.

It was her word against my evidence. Her lies prevailed. It wasn't he said - she said. I presented years worth of evidence. She presented nothing except her lies. I can prove the lies.

Is there anything I can do? This is not justice. Must my parents lives be destroyed by the psychopath?

 

[katie33kate]

Not really

Kate, I'm genuinely sorry it turned out this way for you. The problem - as you've just found out - is that in many (if not most) restraining order hearings boil down to your word against the other party's word and the court will typically err on the side of caution.

It was her word against my evidence. Her lies prevailed. It wasn't he said - she said. I presented years worth of evidence. She presented nothing except her lies. I can prove the lies.

Is there anything I can do? This is not justice. Must my parents lives be destroyed by this psychopath?

 

[quincy]

It was her word against my evidence. Her lies prevailed. It wasn't he said - she said. I presented years worth of evidence. She presented nothing except her lies. I can prove the lies.

Is there anything I can do? This is not justice. Must my parents lives be destroyed by this psychopath?

First, please do not publicly call the landlord a psychopath. You said she has slandered you. You do not want to be guilty of slandering her, so it is best not to toss words like psychopath around.

Second, make sure you do not violate any of the terms of the restraining order. This is vital.

It is possible to have a restraining order modified or dissolved but the court is unlikely to look at any changes to the order so soon after its issuance. The court wants to give the order time to work, to see if it resolves the problems between you and the landlord. And it might. As I said earlier, the landlord is essentially as restrained as you are.

That said, I am sorry that the judge did not find your evidence compelling enough to find in your favor. I agree with Proserpina, though. The person who files for a restraining order will often get the order issued. A court does not want one of the parties in the dispute harmed. If the court believes a restraining order can prevent harm and preserve the peace, a restraining order will be issued.

You can see if you can find help through one of the resources provided earlier. Good luck.