what's needed to file 'inten. inflic. of emotional distress' suit

[Paganini]

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

Over many weeks now my wife and I have received 3 mailings, 2 fining us for speeding, and one warning for violating a 'non-harassment' resolution (which is NOT in the condo bylaws). They threatened to fine us for 'harassment' because we were calling the office too much.
Now the attorney I consulted said ALL of these fines and warnings were in violation of the basic civil rights of due process, presumption of innocence and free speech.(I'd go into detail on the latter but am trying to keep this short...). The attorney said that by fining and warning us BEFORE we had a chance to face our accuser or hear the evidence they violated the presumption of innocence clause in the US Constitution and due process.

On top of that, the speeding fines were attached to our condo bill WITHOUT benefit of radar, or without using radar or any other objective evidence. They were just 'guesstimates' by some unnamed, untrained observer(this the condo president admitted...)

This has caused untold emotional stress on my wife who has had to start seeing a psychiatrist and make an emergency visit to the hospital Both our family doctor and the psychiatrist were outraged by this and have said they are willing to testify in our behalf.

But I'm not sure what legal theory I can use to file suit (as a pro se attorney) since we can't afford one; my wife and I are both elderly and living on disability, though I myself, at least, am in good health. Is 'Intentional Infliction of Emotional Distress' a possibility? Would 'neligent infliction...etc.' be better? Or is there some other theory I could use?

Would the doctors' testimony be sufficient evidence?

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

 

[Hot Topic]

I don't know that anyone can tell you with any certainty that you aren't guilty of harassing the management by calling the office too much unless they know what you called about and how many times you called. Our management makes it quite clear what they consider an emergency and what they don't.

You don't necessarily have to face your accuser. In some cases, it's discouraged. For example, if my neighbor keeps me awake, the last thing management wants me to do is stick an offensive note on their door or seek a confrontation.

Your wife has overreacted. The lawyer overreacted. The doctor can only report your wife's distress. The same goes for the psychiatrist. Neither can testify to the legal "rightness" of your position. They only know what she told them.

 

[Willlyjo]

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

Over many weeks now my wife and I have received 3 mailings, 2 fining us for speeding, and one warning for violating a 'non-harassment' resolution (which is NOT in the condo bylaws). They threatened to fine us for 'harassment' because we were calling the office too much.
Now the attorney I consulted said ALL of these fines and warnings were in violation of the basic civil rights of due process, presumption of innocence and free speech.(I'd go into detail on the latter but am trying to keep this short...). The attorney said that by fining and warning us BEFORE we had a chance to face our accuser or hear the evidence they violated the presumption of innocence clause in the US Constitution and due process.

On top of that, the speeding fines were attached to our condo bill WITHOUT benefit of radar, or without using radar or any other objective evidence. They were just 'guesstimates' by some unnamed, untrained observer(this the condo president admitted...)

This has caused untold emotional stress on my wife who has had to start seeing a psychiatrist and make an emergency visit to the hospital Both our family doctor and the psychiatrist were outraged by this and have said they are willing to testify in our behalf.

But I'm not sure what legal theory I can use to file suit (as a pro se attorney) since we can't afford one; my wife and I are both elderly and living on disability, though I myself, at least, am in good health. Is 'Intentional Infliction of Emotional Distress' a possibility? Would 'neligent infliction...etc.' be better? Or is there some other theory I could use?

Would the doctors' testimony be sufficient evidence?

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

Who is fining you? The Condo Agency? How can they arbitrarily just fine you for their perceived "harrassment"? Don't make sense to me. Seems that before you were to get a speeding ticket there would have to be proof. If it were me who got such letters saying I owed such fines for speeding and harrassment, I would totally disregard it until they came up with some type of Civil Litigation in which case I would respond accordingly. As far as you finding some legal theory to sue, forget it...it is a waste of time and money on your part.