Judge ruled in my favor...

[IGBT]

I am in Nevada. Hi..the Judge ruled in my favor in Civil Court. Neighbor tried to get a PO via TPO against me. I Hired a lawyer. Neighbor engaged in a emotional rant with the Judge. My lawyer presented evidence proving I was not harassing or stalking my neighbor as per her TPO statements and Legal definitions i.e. NRS200.591 State of Nevada.. and neighbors emotional rant at court. Judge ruled in my favor. No PO issued. Can I / should I file a Small Claims Action against my neighbor for my legal expenses ($2500.00) It was very financially painful for me. Neighbor harassed me with TPO and PO attempt. I didn't understand the process so I hired a lawyer. Please advise...

 

[quincy]

I am in Nevada. Hi..the Judge ruled in my favor in Civil Court. Neighbor tried to get a PO via TPO against me. I Hired a lawyer. Neighbor engaged in a emotional rant with the Judge. My lawyer presented evidence proving I was not harassing or stalking my neighbor as per her TPO statements and Legal definitions i.e. NRS200.591 State of Nevada.. and neighbors emotional rant at court. Judge ruled in my favor. No PO issued. Can I / should I file a Small Claims Action against my neighbor for my legal expenses ($2500.00) It was very financially painful for me. Neighbor harassed me with TPO and PO attempt. I didn't understand the process so I hired a lawyer. Please advise...

The proper thing for you to have done is to countersue at the time and ask for attorney fees and court costs.

I am surprised your attorney did not suggest this.

The good news is that your attorney appears to have earned his fees as no protection order was issued. Protection orders are routinely issued by judges in a better-safe-than-sorry attempt to prevent harm.

 

[adjusterjack]

Can I / should I file a Small Claims Action against my neighbor for my legal expenses ($2500.00)

Agree with Quincy. The time to ask for attorney fees was in court when the judge gave you the decision. That ship has sailed.

 

[quincy]

Because you know you have a rather unstable neighbor, my recommendation is for you to avoid any and all contact and communication with this neighbor.

And if at any time you feel threatened by this neighbor's acts or actions, call the police.

Good luck.

 

[IGBT]

I feel compelled to file small claims. Based on the victory and the court transcripts is there a possibility of yet another victory??

 

[quincy]

I feel compelled to file small claims. Based on the victory and the court transcripts is there a possibility of yet another victory??

Not a good possibility, no. Attorney fees and court costs are the responsibility of each party unless asked for and awarded as part of the legal action.

I suggest you restrict all contact of any kind with this neighbor, including court contact.

 

[not2cleverRed]

I feel compelled to file small claims. Based on the victory and the court transcripts is there a possibility of yet another victory??

Don't. Just don't.

Just do your best to avoid this person.

Of course, the next time you respond when she files another TPO against you, you might want to address this.

But in the meantime, go out of your way avoiding contact with this person, and if she trespasses or threatens you, contact the police.

 

[quincy]

The last thing you want to do is provide any support for your neighbor's original contention that you are stalking and harassing her by pursuing her with a court action.

With luck, you and your neighbor will eventually learn to peacefully coexist.

 

[IGBT]

The last thing you want to do is provide any support for your neighbor's original contention that you are stalking and harassing her by pursuing her with a court action.

With luck, you and your neighbor will eventually learn to peacefully coexist.

My position is she is harassing me with superfluous TPO action...and Judge agreed.

 

[cbg]

The judge may not agree with you any longer if you file a small claims action that you have no chance of winning. And since small claims is not the proper venue for the action in question, you have no chance of winning it. You had your chance to request attorney fees and you missed it. Filing a losing action against your neighbor now may cause the judge to wonder if he made the right decision.

 

[Litigator22]

I am in Nevada. Hi..the Judge ruled in my favor in Civil Court. Neighbor tried to get a PO via TPO against me. I Hired a lawyer. Neighbor engaged in a emotional rant with the Judge. My lawyer presented evidence proving I was not harassing or stalking my neighbor as per her TPO statements and Legal definitions i.e. NRS200.591 State of Nevada.. and neighbors emotional rant at court. Judge ruled in my favor. No PO issued. Can I / should I file a Small Claims Action against my neighbor for my legal expenses ($2500.00) It was very financially painful for me. Neighbor harassed me with TPO and PO attempt. I didn't understand the process so I hired a lawyer. Please advise...

WOW! "You are listening to these people?''

PLEASE don't believe anyone telling you that you are totally without legal recourses against your neighbor. Or that it is too late to recover the expenses incurred in defending the neighbor's failed legal efforts.

What you may have is not a claim for defamation, but depending on the neighbor's grounds/motive or lack of it in seeking the protective order, etc. etc., just maybe a doable tort action against your neighbor for "abuse of process".

Moreover, and most importantly neither your metaphorical "ship" nor your legal means of seeking redress for the neighbor's allegedly wrongful conduct have left the dock! IT IS NOT TOO LATE!

Wiser heads would have told you that your right to pursue such a tort claim did not fully mature or accrue until the neighbor's legal proceedings were concluded and terminated in your favor. *

Clearly no one here can accurately forecast the odds of your success in pursing such a claim. All I can tell you is that the elements needed to prove it are:

• improper use of the court’s process;
• ulterior or improper motive of the defendant in exercising such illegal use of process;
• damage to the plaintiff resulted from such abuse of process

Historically these are very difficult claims to prove. And not particularly favored by the courts as they have the tendency of discouraging people from accessing the courts in addressing legitimate grievances . You would do well to consult with a local attorney and then ponder your future course of action.

But do not walk away thinking that you needed to take some positive action prior to the termination of the neighbors proceedings seeking the PO. You could have asserted the abuse of process as a counter claim, but it would not one of a compulsory nature. Meaning it survived and time wise is governed by Nevada's applicable statutes of limitation.
___

[*] Liere v. The State of New York # 2012-041-002, Claim No. 116203, Motion Nos. M-79839, CM-80187, CM-80456 "With respect to accrual of an abuse of process claim:

There is no conclusive determination as to when such a cause of action accrues (see, e.g., Beninati v Nicotra, 239 AD2d 242). While the Court of Appeals has held that in an action under Court of Claims Act § 10, 'accrual of a cause of action for abuse of process need not await the termination of an action in claimant's favor' (Cunningham v State of New York, 53 NY2d 851, 853), here the abuse of process would not have been actionable until the proceeding was concluded since plaintiff would not have been able to allege that he suffered an injury without justification until the proceeding was terminated"(Dobies v Brefka, 263 AD2d 721, 723 [3d Dept 1999]."

 

[quincy]

WOW! "You are listening to these people?''

PLEASE don't believe anyone telling you that you are totally without legal recourses against your neighbor. Or that it is too late to recover the expenses incurred in defending the neighbor's failed legal efforts.

What you may have is not a claim for defamation, but depending on the neighbor's grounds/motive or lack of it in seeking the protective order, etc. etc., just maybe a doable tort action against your neighbor for "abuse of process".

Moreover, and most importantly neither your metaphorical "ship" nor your legal means of seeking redress for the neighbor's allegedly wrongful conduct have left the dock! IT IS NOT TOO LATE!

Wiser heads would have told you that your right to pursue such a tort claim did not fully mature or accrue until the neighbor's legal proceedings were concluded and terminated in your favor. *

Clearly no one here can accurately forecast the odds of your success in pursing such a claim. All I can tell you is that the elements needed to prove it are:

• improper use of the court’s process;
• ulterior or improper motive of the defendant in exercising such illegal use of process;
• damage to the plaintiff resulted from such abuse of process

Historically these are very difficult claims to prove. And not particularly favored by the courts as they have the tendency of discouraging people from accessing the courts in addressing legitimate grievances . You would do well to consult with a local attorney and then ponder your future course of action.

But do not walk away thinking that you needed to take some positive action prior to the termination of the neighbors proceedings seeking the PO. You could have asserted the abuse of process as a counter claim, but it would not one of a compulsory nature. Meaning it survived and time wise is governed by Nevada's applicable statutes of limitation.
___

[*] Liere v. The State of New York # 2012-041-002, Claim No. 116203, Motion Nos. M-79839, CM-80187, CM-80456 "With respect to accrual of an abuse of process claim:

There is no conclusive determination as to when such a cause of action accrues (see, e.g., Beninati v Nicotra, 239 AD2d 242). While the Court of Appeals has held that in an action under Court of Claims Act § 10, 'accrual of a cause of action for abuse of process need not await the termination of an action in claimant's favor' (Cunningham v State of New York, 53 NY2d 851, 853), here the abuse of process would not have been actionable until the proceeding was concluded since plaintiff would not have been able to allege that he suffered an injury without justification until the proceeding was terminated"(Dobies v Brefka, 263 AD2d 721, 723 [3d Dept 1999]."

IGBT can contact her attorney again to discuss abuse of process.

I have no problem with someone exploring all options but I do not think pursuing this is the smartest course of action nor is an abuse of process action likely to be successful. Instead an additional legal action will increase attorney costs and will work to inflame an already sore relationship.

But I can appreciate you wanting to leave no stone unturned, Litigator.

 

[IGBT]

IGBT can contact her attorney again to discuss an abuse of process action.

I do not think pursuing this is the smartest course of action, nor likely to be successful. Instead it is likely to increase attorney costs. In addition, a legal action works to inflame an already sore relationship.

But I can appreciate you wanting to leave no stone unturned, Litigator.

...she showed up with no attorney. I showed up with a attorney and a room full of character witnesses from the community.

 

[quincy]

...she showed up with no attorney. I showed up with a attorney and a room full of character witnesses from the community.

You were smart. It is often hard to convince a judge that a protection order is not necessary to preserve the peace and prevent harm. Your preparation, your attorney and your character witnesses were no doubt factors in your success.

I again think you should savor your one victory in court - even though you should never have had to fight the battle - and move on.

But, as Litigator suggested, you can ask your attorney what he thinks is best. Your attorney knows the facts.

Good luck with whatever it is you decide to do.