neighbor of meth lab

What is the name of your state? Colorado.

I own a condo near Denver. They just recently (after a year) finished cleaning up my next door neighbor's meth lab. She's moving back in, having satisfied the Health Dept's criteria, but there is still the matter of whether or not the contents of our (adjoining) attic are clean. I've been told the only positive sample came from near the shared wall and nothing has been done regarding our belongings (which sit about 30 feet away from the wall). The testing service believes it's her responsibility to get them tested and decontaminated if necessary, but she's dragging her feet since the Health Dept doesn't require it. What's my recourse? Is this a small claims case? The testing service is pushing her as hard as they can, but they really have no way to force her to do it.

Thanks
Elaine

If it is legally not required, then I don't imagine there's a whole lot you can do. If you are that concerned, pay for the testing yourself, and send her the receipt.

That's what I'm wondering, if this is something I can reasonably expect to win in small claims court should she continue to ignore me.

That's weird. If she was running a freaking METH LAB in her condo, why didn't the police confiscate her house under the (unconstitutional) asset forfeiture laws we have on the books?

How long was this lady locked up? It doesn't sound like she was in jail or even prison for very long.

Believe me, if I had my way she'd never see the light of day again. I have no idea what the status of her case is, if she's had a trial or seen the inside of a jail or what. I just know she's moving back in and doesn't really care whether our attic is contaminated or not. Guess meth addicts aren't too interested in forging positive neighbor relations, huh? Since posting this I've spoken to our HOA Board Administrator who has promised to talk to the Health Dept and help pressure her as much as possible to take care of her responsibilities to us.

c_hayhurst said:

...under the (unconstitutional) asset forfeiture laws....

Click to expand...

Can you please point to the article(s) that say asset forfeiture laws are wrong?

You could try a novel, long-shot approach.

Call the local cops, court clerk or Prosecutor - they should be able to tell you if there's an active case agin her for the meth (she may be on probation).
If so, contact the Prosecutor and ask for restitution ( to you, for clean-up), to be added as a term of probation. In most states, restitution can be calendared while the party is still on probation.

It's a long shot, but won't cost you anything, but time.....
Unless it was her 'tenant' who was responsible for the meth lab.

The problem with small claims is your ability to prove there was a meth lab and it was either under her care, custody and control (not her tenant's or other relative's), or that she knew or should have known of lab and did not prevent/stop it from operating. Also, small claims makes more sense AFTER you have the items tested for contamination, as it's only then that you will know the extent of your damages (testing only or testing and replacing).