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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Please help. My crazy neighbor keeps calling the police and

Resolved Question:

Please help. My crazy neighbor keeps calling the police and filing reports that my kids threw rocks over the fence and damaged his RV. My children are 3, 5 and 9, first they blamed the 9 year old (no way he did it), then the Autistic 5 year old, and at least they are sensible enough not to blame the 3 year old. The last incident took place today, I now have proof in the form of us not being home for the whole day the dirt or stuff hit the RV. Yes I have pictures too (pictures before we left and after we returned). Last time he filed a claim with his insurance and got $ from them and has threatened to do it again. The police always come when the rest of the neighbors are out and it is embarrassing. What can I do about Defamation or Slander here and how do I inform his insurance that he may be filing fradulent claims?
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
I am truly sorry to hear that you are going through such an ordeal.

What state are you located in?

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
California
Expert:  Dimitry K., Esq. replied 4 years ago.
You have 3 separate actions that you can take.

1. Restraining order. It appears that this neighbor is harassing you by calling the police, accusing your children, and threatening you. It may be a good idea for you to file for a restraining order against him so that he leaves your family in peace. If he continues to contact you, you may then call the police yourself and have the courts fine him and possibly jail him for contempt of court.

2. Defamation. You may try to file a civil suit for defamation, but those are relatively hard to win. To have a "prima facie" (valid/good on it's face) case for defamation you must show 4 things:
a) That a defamatory comment or comments
b) Were made that were about or concerning the plaintiff (your kids, who you will represent as guardian)
c) These comments were made to third parties AND
d) the plaintiff experiences damages or injury through those words.

If the person believed that what they were telling is truth, or it was an opinion, it is very hard to win.

3. Insurance fraud. If, however, you have proof that no damage was committed to your neighbor's property and he claimed it anyway, then you very well can contact his insurance company and have them do an investigation for insurance fraud. If guilty, your neighbor may be guilty of a felony and can be federally charged under "mail fraud statutes". This is the link to the CA Dept of Insurance if you decide to contact them:
http://www.insurance.ca.gov/0300-fraud/0100-fraud-division-overview/0100-what-is-insurance-fraud/

Sincerely,

Dimitry Alexander Kaplun, Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37047
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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