Neighbor problem

[jusme]

Yes, I did read IAAL post and realize this is a civil matter and would go under private nuisance, but after talking to the clerk of court today she is saying there is no court that will handle private nuisance unless I'm asking for money damages.

If the neighbors don't respond to the certified letter-return receipt then I think it's time to find out exactly what this lawyer is talking about and tell him what I was told.

Maybe this is Virginia as there is no code or statue pertaining to this problem other than common law rights.I believe some legislation needs to be put in law for neighbors that they are responsible for anything on their property that causes damage or threatens damage outside their property.

Thanks, HomeGuru

 

[HomeGuru]

You still do not understand. Check with an attorney and let us know.

 

[jusme]

After talking to the clerk of court today you are exactly right about me not understanding and my intentions are to talk to this lawyer and get more understanding. Will let you know. Thanks

Maybe I missed my calling to be a lawyer. Always thought about becoming one or a private investigator. Oh well.

 

[HomeGuru]

After talking to the clerk of court today you are exactly right about me not understanding and my intentions are to talk to this lawyer and get more understanding. Will let you know. Thanks

Maybe I missed my calling to be a lawyer. Always thought about becoming one or a private investigator. Oh well.

**A: keep in mind that the court clerk cannot give you legal advice.

 

[jusme]

You are right, HomeGuru. The clerk did tell me that they could not give out legal info.,which was fine as that is not what I was asking about. I just wanted to know what court would handle this matter, costs,etc.

What threw me was when she told me there were no forms in small claims or regular claims for me to use for my purpose since I wasn't asking for money damages.To me common sense says there has got to be a court to go to and it certainly is not going to be criminal court.

I started to call back today and see if I could get a different clerk, but I said to heck with it for now.

 

[HomeGuru]

Ok fine.

 

[jusme]

What reflection does it have, if any, on the neighbors in court when they don't answer the letter from the lawyer( the first one being sent 1st.class) and then refuse the same letter sent certified return receipt from the lawyer? I know that no one can say how a judge will look at it, but I would guess it can't help the neighbors situation and maybe the judge would look at it as not being too good.

 

[HomeGuru]

It really makes no difference since there is no law that requires them to respond or acknowledge receipt of the letter. It would look bad on their part though in refusing to communicate and help resolve the problem.

 

[jusme]

You expressed my thoughts also about them refusing to communicate,etc. Thanks

I bet they won't refuse what the sheriff will bring to them.

 

[HomeGuru]

Especially if the sherriff is wearing a gun.

 

[HomeGuru]

Especially if the sherriff is wearing a gun.

 

[jusme]

You are right about the sheriff and gun and he would probably bring some more equipment.

Still trying to learn and maybe it will help others also.

In court if the judge recommends a mediator is it in my best interest to go along with his suggestion or ask for a ruling right then? (I have offered money to these neighbors to help them and they refused),so I don't know what is left to mediate.

Would I have the entire burden to pay the mediator if it goes that way or would the neighbors and I split the costs? I don't think many mediators come free. Thanks

 

[HomeGuru]

Time to hire an attorney.

 

[jusme]

Already got the attorney. The dilemma is do I confront the judge by myself or let the attorney file the papers and go to court with me (depending on what his fee is to do the above.) I am aware that neighbor disputes are low priority with a lawyer, but important to the people that are going through the hassle.

When I last spoke to the lawyer he said (I like to save my clients money when I can) and he said I(meaning me) could go to small claims court and save money, but the judge might request a mediator.If I do go and file myself I'm going to need help as the questions in my last post, so I don't have to look at the judge and say "huh".

Within the next 15 days I have got to make some decision. If the lawyer is reasonable with his fee for filing and appearing in court I would certainly have him do it.

 

[HomeGuru]

Already got the attorney. The dilemma is do I confront the judge by myself or let the attorney file the papers and go to court with me (depending on what his fee is to do the above.) I am aware that neighbor disputes are low priority with a lawyer, but important to the people that are going through the hassle.

When I last spoke to the lawyer he said (I like to save my clients money when I can) and he said I(meaning me) could go to small claims court and save money, but the judge might request a mediator.If I do go and file myself I'm going to need help as the questions in my last post, so I don't have to look at the judge and say "huh".

Within the next 15 days I have got to make some decision. If the lawyer is reasonable with his fee for filing and appearing in court I would certainly have him do it.

**A: yes, you need the attorney to represent you.