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Do I have grounds to sue?

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biz_e_mom

Guest
What is the name of your state? MO.
5 months ago someone moved in the house next to us. We own they rent. (Well the guy's dad ownes the house). The problem is that he has a live band that practices everyday between 6pm and 10pm. The music is so loud it rattles our windows. I have called the police so many times I cant count. I have signed two summons against him (still waiting for them to go to court). I have written his dad(landlord) a letter telling him of the problem. I even had the president of the neighborhood watch call the owner and explain the responcibilites of a landlord. NOTHING HAS WORKED!!! My children cannot go to sleep at night at their bedtime for school the next day. I have NEVER confronted this guy but he always comes over to my house after the police leave and curse me and threatens me. I suffer from panic attacks and migraines and his temper tantrums cause me physical problems each time he comes to my house. He has been warned to not come to my house so now he stands in his yard and yells. Our noise ordinance is between 7 am and 11 pm. but also states that amplifiers, musical instruments, radios should NOT be loud enough to be heard beyond the property lines. The last time he was yelling at me he treatened to call dfs to me with lies. The next night at 8:30 he had all his windows open and playing as loud as he could. I called the police. 1 hour later the DFS showed up at my house with (luckly) the same policeman that was here earlier. The neighbor told them we had a drug house and that I had 5 men living here with 6 kids running in & out of the house all hours of the day. The DFS worker saw that none of this was true and the police man told her he believed it to be a retalitory thing from the neighbor. I stay so physically sick that I am going to have to put my house on the market and move. I have never lived with a neighbor like this. Can I sue him for the noise disturbance? For my physical problems that he brings on, the fact that my girls cannot go to sleep at a proper bedtime, for having to move since he refuses to obey the law? If so what grounds do I sue on? PLEASE HELP!
 


BL

Senior Member
I can-not stand neighbors like that.

My suggestion is to go personally to the Police dept. and ask to speak with a lieutenant ,Sargent, or the Officer in charge of the force.( not degrading the office on patrol of course).

Ask them to extra patrol in your area until the Police can stop this issue.

Find out the Noise Ordinance Laws from the Police Dept. I know it's hard to deal with.

Here In NY the law is in one night . 1st offense - warning 2nd call offense Ticket. 3rd call offense - person responsible for noise taken to jail.

I would seriously consider a consultation with a Lawyer.

Even though they yell from there property at you, I think it would be considered harassment.
HAVE THE POLICE EVER SUGGESTED FILING HARASSMENT AGAINST THEM ? ( ask a commanding Police Officer If you can .).

Start recording the Loud music,write down the dates and time,etc.

Here the Police say "they" have to hear it to take action . Yet w/ an animal you can file out a deposition. They need to change the Law re: loud noise.

A police dept. Family in crises even called me because I complained about loud music. and said maybe you should move.

What a crock. You have a right to peace,quit,and enjoyment under the Laws.

Get tough and demand they Law be enforced.

And consult with an attorney .
 

JETX

Senior Member
One other suggestion... DOCUMENT the problem by setting up a video camera inside your house aimed at theirs. Document the noise and the times. Also, if possible, document his rantings and ravings.
At least that way you will have something to show the courts if it gets that far.
 

dequeendistress

Senior Member
Have you called to see if you have a court date ? (you claim you signed two "summons" and are awaiting a court date)

Bring other witnesses with you to court in addition to the other documentation suggested.

If you tape them, I would make sure you do so legally. Only tape the misconduct don't monitor behavior constantly, unless it is a security/survelliance camera and meets that definition.

If the police are providing you with poor information and/or not responding within the law, you may want to write a complaint to the department so that the commanding officers are made aware.

His yelling if audible within your home would also be a violation of the noise ordinance and harrassment should also apply.

I would think you should have an upcoming court date due to his criminal acts. Therefore a suit may not be needed.

Consult with an attorney as advised.
 
B

biz_e_mom

Guest
Thanks, I will try going to the police department. I have had a mixed reaction with the partol officers. Some are very helpful but others refuse to allow me to sign a summons saying it is a waste of THEIR time. I have started documenting the days and times. The 911 dispatch has also heard it a couple of times and acknowledged it was extremely loud. That should be in their records. I tried to get the officer last time to let me file harrassment charges but he refused and said we need to learn to leave each other alone! I have NEVER confronted this neighbor in any way. I don't have a video camera but I look into renting or purchasing one. I do have at least 6 other neighbors/witness willing to go to court with me. I have called a few attorney's but they all tell me the same thing. Just keep calling the police. This has to end somewhere. I don't want to sell my house, we have worked hard to restore it ourselves but the stress is getting to be too much.
 

dequeendistress

Senior Member
Just a note:

Don't call 911 unless there is an emergency situation. If you had called 911 and officers were dispatched to what they thought was an emergency this may be the cause of their bad attitude.
 

BL

Senior Member
I tend to disagree with not calling 911 .

The Orig. poster is correct that many patrol officers will brush it off. To them it is a LOW priority call , but a 911 call will be recorded.( that's why If you visit the commanding officers in person they get the message,It's time to start acting ).

As I said , you have to start getting downright steamed,and let the police force know as a home owner,tax payer,you expect the Laws to be enforced .

It may seem trivial to the Police as they deal w/ it all the time, but to the Citizen that it effects it is not trivial.

Then they wonder why people flip, and commit even worse crimes.
 

dequeendistress

Senior Member
acknowledged only posting from personal knowledge and experience Blonde

I think the poster needs to call and find out the court date / if there is one.

File a written complaint on the specific inappropriate behavior of officers on scene with the police dept.


etc
 

JETX

Senior Member
I agree completely with dequeen on this one. Do NOT call 911 for what is clearly NOT an emergency call!!

That is not only an abuse of the emergency system (and tax money) but can put the officer at risk if he is responding at a high code to a simple dispute. And trying to justify using the 911 EMERGENCY system because they record it is absolutely inane. If you want the noise, etc. recorded, buy a flippin' recorder and do it yourself!!

And as pointed out, it may very well have a large amount to do with the officers attitude when he does arrive.

Call your local NON-EMERGENCY dispatch number or the main line at the police dept and ask for the dispatcher or the watch commander.
 

BL

Senior Member
That is not only an abuse of the emergency system (and tax money) but can put the officer at risk if he is responding at a high code to a simple dispute. [ quote ]

I will disagree with this also. When a 911 dispatcher receives a call, they prioritize it . They also, with todays technology type to the patrol car what the incident is about. That's why you may not see them respond sometimes up to 6 hrs later.

When a citizen is fed up with the system not taking action and enforcing the Laws ( to put it lightly "they could Give a ****),then if you keep calling them,visiting them,being persistent,sooner or later they will want it to end,just like the victim does.

Have you ever called the non Emergency number too be treated rood like the guy can't hear a thing ?? I have ,so 911 is the answer .

I will simply say this, Do what ever it takes to get this to stop.

How is the Poster to sue the landlord if the police won't allow them to File a report , or the police won't issue tickets ?

I've even been told by them " We can use our discretion". There duty is to uphold and enforce the Laws,not be the Judge.
 

dequeendistress

Senior Member
look at it from the officer, dispatcher end.

File complaints on officers, dispatchers etc..if needed

But respect 911 and use for emergency only.

It would be too bad if there is a loss of life because the dispatcher is tied up on a disturbance or noise complaint. or if the responding officerS are injured due to going in code when not necessary.
Now would it not?

Every call that comes in emergency or not is logged, every officer is charged with answering the call he or she is dispatched...etc.


Plus You do not know the way officers are dispatched at the posters locality do you? saying with todays high tech capabilities the dispatcher types the info out...well that would be nice. In reality when the dispatcher receives the call don't you imagine they begin the dispatch with the location and then get all the info during the call...well that IS how it happens....sorry I do NOT agree with Blonde AT ALL.

Plus calling 911 repeatedly may result in a call from the police department head to the caller and the caller being advised of what myself and JETX have affirmed.

Let's leave the tax payer garbage out of this one, please.
 
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BL

Senior Member
Can you tell , I'm still living here ? :D :D

No more landlord renting to whoever he pleases just for the $$$s.

No more Loud,noisy , inconsiderate neighbors.

If they do come around,they don't last long ... :eek:
 

JETX

Senior Member
Blonde, your advice to use the 911 service for a non-emergency call is simply incorrect. The 911 system is used for EMERGENCY calls ONLY. An emergency call is defined as: "An event or occurrence demanding immediate action; or any condition endangering or thought to be endangering life or property" (From Police Communications Guide for Dispatchers" by Alan Burton, published by Dispatch Specialists, Medford, OR, 1984.)

The situation you describe is clearly NOT an emergency.

And most states (including Missouri) have laws that prohibit abuse of the 911 system.
 
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biz_e_mom

Guest
HOLD ON! First I am not abusing the 911 system. In our town that is how it is done. There is not other number to call for police dispatch. You call 911 and they ask if it is an emergency situtation or not. It so it is handled as such. If not it is put on a list for officers to handle as they can. There is NO OTHER WAY to get a policeman to your house.
 
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biz_e_mom

Guest
OK you guys, yes I have a court date set on the first one. It was signed Aug. 18, 03 and does NOT go to court until Dec. 19, 03. I have not recieved a court date as yet for the summons I signed this month. I talked to the prosecutors office today and they are going to tie them both together on one court date. The municipal prosecutor also filed a complaint for me regarding the last officers attitude. I was told I have a right to sign a summons NO Matter what the officer thinks of the situation. He is also recommending to the county DFS that they at least invesitgate this neighbor for the false report done out of mischeif. Tommorrow my visit will be to the police department. Thanks for the advise. At least someone in the city government listened to me today.

P.S. I also asked and yes, all dispatch call for my city ARE handled through 911 no matter what they are catagorized as.
 

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