Do I have a malicious prosecution case?

[BeckiR]

What is the name of your state? California

My neighbor's house got egged a few weeks ago. She called the cops and said I did it. Of course I didn't do it, she's a nut. She now has filed a small claims case against me and my husband (who wasn't even home at the time anyway). Basically, now I have to take a day off of work and so does my husband to attend to this matter. She attached a copy of the police report and there are MANY inconsistent statements made by her and her husband. Also in the police report it says they can not ID any subject(s) and that no evidence or witnesses were found. Furthermore, She had the papers filled out and signed two days before she received an estimate of "damages". She gave my husband an estimate, that doesn't even describe any damages to her home (no pictures, description, nothing), two days before she actually filed the lawsuit. Because I can prove (with her own evidence) that she's lying under oath when she signed those papers and that she chose to drag myself and my husband into court with no evidence, is there anything I can do to remedy the situation on my end? Also should I consider filing a restraining order against her? This isn't the first time she's tried to "get me in trouble" it's been an ongoing battle for four years. The funny thing is I keep to myself and I've only talked to her once and that was to say to her I wouldn't talk to her because she was irate. She has a habit of running up to me or my house and yelling at the top of her lungs.

 

[quincy]

The actual filing of a complaint against you and your husband is not considered "malicious prosecution" or a "malicious use of process". The filing alone does not constitute abuse of process. People can sue someone for any reason whatsoever at any time. The court, however, will consider whether there was probable cause for the action against you.

In order to file a suit against your neighbor for abuse of process, after the hearing on your neighbor's complaint, you must show you have suffered injury other than the natural and normal inconvenience and expense involved in being sued. You must demonstrate that the original complaint was filed with malice and with no probable cause - and then the "remedy" would, in some states, be limited to the actual damages caused by the suit (a loss of income from taking the day off of work, for instance). Generally the damages awarded in a malicious prosecution or malicious use of process suit do not sufficiently cover the costs of bringing suit and do not, therefore, warrant the expense of new litigation.

You could certainly petition the court for an injunction, prohibiting this neighbor from harassing you, or even from merely contacting or approaching you, which should help to prevent future issues with this neighbor, or at least give you legal recourse should she violate the order.

 

[BeckiR]

Thank you for your response. I talked to some lawyers today and they all say the same thing. "There's nothing you can do". So I prepare to do battle then. I've also been told I don't even have enough to get a restraining order anyway because she "never physically or verbally threatened" me. What kind of a world do we live in where anyone can file a lawsuit against you with no proof and they go unpunished for soing so? There should be some recourse that we can take to send the message if you lie in court you will be punished. But to be honest it makes me feel warm and fuzzy inside knowing she had to pay $165 to file this case that's going no where. She should have just let it go and spent that money on Christmas for her kids. Whatever makes her happy right? =>

 

[quincy]

Yes, we live in a pretty litigious society, which is too bad. It does seem way too easy to sue, and things that used to be mere annoyances (like barking dogs and teenagers' loud music) now wind up being a court suit handled by attorneys and settled by a judge.

But I guess attorneys need to eat, too, huh?

Good luck with your neighbor!

 

[BeckiR]

Thanks I'll need it. =>

 

[AnyLegalQuestio]

This may be one of those situations where you just ride out the lawsuit and then ask for a costs award after.

For you to turn around and sue would be a magnificent waste of time.

Let the judge clearly understand if there are any underlying issues between you and the neighbour that caused this. This way, he or she can see the frivolousness of the situation.

KD

 

[quincy]

It would have been more helpful if you had actually read the questions and answers given already, ALQ.