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  1. #1
    laurye Guest

    What legal rights do we have against a neighbor making false accusations?

    What is the name of your state? AL

    Our neighbor has called the police on my children on several occasions for frivilous things like the ball going in her yard. 3 years ago she issued a warrant for my then 9 year old son and he was taken to the juvenile facility. We were not allowed to ride with him and when they talked to him they basically rolled their eyes at the ridiculous nature of her claim and told us to take him home.

    2 months ago she came to our door at 11:30 p.m. saying that my boys have been in her yard and that she was going to call the police again. We assured her that they haven't gone anywhere near her yard, but yesterday a detective knocked on my door with a formal complaint from her. He examined the fence and found no damage (BECAUSE NO ONE IS GOING IN HER YARD). I am waiting to hear back from him.

    Do we have any legal recourse? 2 sources have told me that we can't do anything unless she issues warrants for our boys (now 12 & 13). Then we could file malicious prosecution suits and harrasment suits.

    My question is, do we have to wait for her to traumatize our boys before we can do anything, or can we take preventive measures. We are not the only people in the neighborhood who are having or have had trouble with her.
  2. #2
    CMA1 Guest
    I would get a small surveilence camera and mount it to your house where it can see her yard and fence and your yard. They are not expensive and installtion is easy. There are some that run about $50.00 and they start recording only when they see motion, so you won't waste tape on watching an empty yard. Then, when she makes the claim, point out your camera. You are not surveiling her yard, simply watching your own interests. you happen to be taping your property and that corner over laps the camera's view. Tell her that you have video evidence proving that she is wrong (if there is someone else going into her yard, show it to her and make sure to point out who it is). With evidence against her, she will more than likely shut her mouth. Other than that, write a formal letter of intent advising her that any more claims she makes against your family that are not factual you will construe as harrassment and you will have no choice but to take the necessary actions to stop the harrassment. You could ask a police officer or sherriff to hand deliver it to her (some will do it for free) or you can get a process server to hand it to her. As long as you type it out like a legal document and have copies of it placed on public record, she will have been served with your request, which will hold in a court of law in case you have to file harrassment charges (or restraining orders) against her.
  3. #3
    CMA1 Guest
    If you live in a homeowner's association I would gather together all of the people who have had problems with her and make a formal complaint to the board. If there is no association, just gather all of the people together and make a formal complaint against her as a group. With a bunch of people against her and telling her that they will press charges if she doesn't knock her crap off, I wouldn't be surprised if she moved. On the other hand, has anyone tried to spend some time with her? I have found that a lot of the grumpy old men and women are just ornery because they are loney and don't want to admit it. Not that I'm saying invite her for a sleepover.....
  4. #4
    stephenk is offline Senior Member
    Join Date
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    "As long as you type it out like a legal document and have copies of it placed on public record, she will have been served with your request, which will hold in a court of law in case you have to file harrassment charges (or restraining orders) against her."

    What are you talking about? Placed on public record? What public record?
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  5. #5
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
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    38,165
    Quote Originally Posted by stephenk
    "As long as you type it out like a legal document and have copies of it placed on public record, she will have been served with your request, which will hold in a court of law in case you have to file harrassment charges (or restraining orders) against her."

    What are you talking about? Placed on public record? What public record?

    My response:

    To CMA1 - -

    Which "type" of legal document would you have the writer emulate?

    You know what? You're just goofy.

    IAAL
  6. #6
    Shay-Pari'e is offline Senior Member
    Join Date
    Apr 2004
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    Bay Area, CA
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    10,184
    Quote Originally Posted by CMA1
    I would get a small surveilence camera and mount it to your house where it can see her yard and fence and your yard. They are not expensive and installtion is easy. There are some that run about $50.00 and they start recording only when they see motion, so you won't waste tape on watching an empty yard. Then, when she makes the claim, point out your camera. You are not surveiling her yard, simply watching your own interests. you happen to be taping your property and that corner over laps the camera's view. Tell her that you have video evidence proving that she is wrong (if there is someone else going into her yard, show it to her and make sure to point out who it is). With evidence against her, she will more than likely shut her mouth. Other than that, write a formal letter of intent advising her that any more claims she makes against your family that are not factual you will construe as harrassment and you will have no choice but to take the necessary actions to stop the harrassment. You could ask a police officer or sherriff to hand deliver it to her (some will do it for free) or you can get a process server to hand it to her. As long as you type it out like a legal document and have copies of it placed on public record, she will have been served with your request, which will hold in a court of law in case you have to file harrassment charges (or restraining orders) against her.


    What planet are you from?

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