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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88124
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a city employee. I have a neighbor who does not like

Resolved Question:

I am a city employee. I have a neighbor who does not like me, I also have a government vehicle which I am allowed to take home, and which I park on the city street in front of my home. My neighbor has on four different occasions gone to my employer and made accuzations against me for having a public vehicle and not being at work when I should be

I have documentation on my work schedule vacation days and sick days. I would like for this neighbor to stop his vendeta against me. What can I do legelly to stop him?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Someone in your situation may threaten to sue for (1) defamation and (2) wrongful interference with business.

Allow me to explain. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.

Here, you may have a case for (1) defamation and (2) wrongful interference with business.

DEFAMATION is defined under 14-02-04 as when someone:
1. Charges any person with crime, or with having been indicted, convicted, or punished
for crime;
2. Imputes to the person the present existence of an infectious, contagious, or
loathsome disease;
3. Tends directly to injure the person in respect to the person's office, profession, trade,
or business
, either by imputing to the person general disqualifications in those
respects which the office or other occupation peculiarly requires, or by imputing
something with reference to the person's office, profession, trade, or business that
has a natural tendency to lessen its profits;
4. Imputes to the person impotence or want of chastity; or
5. By natural consequence causes actual damage.

INTERFERENCE WITH BUSINESS is self explanatory, and "the overwhelming majority of the cases have held that interference with employment or other contracts terminable at will is actionable." Hennum v. City of Medina, 402 NW 2d 327 - ND: Supreme Court 1987.

Normally, a threatening letter telling them to STOP will do the trick and 90% of the time, litigation may be avoided. Let me know if you need a sample letter, but, an attorney's letter is better since it holds more gravitas - may I recommend the ND Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.


Is this sample letter free or will I be charged for it? Does It have your letter head on it?


Expert:  Ely replied 1 year ago.
Friend,

No charge. I can provide a sample letter that you can use as an inspiration to write your own - this is what I meant. But, as we are not allowed to represent customers, it would not have my letter head on it - it is simply a generic sample.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


Is this letter printable and will it come to this site or my e-mail and How soon will I receive it?

Expert:  Ely replied 1 year ago.
Norma,

It is just a paragraph or two, and I'd simply copy and paste it unto this answer window. So you'd receive it just like you are receiving my answers now. It is not official and not on letterhead - it is simply meant to explain how a cease and desist letter would look should you wish to construct your own.
Customer: replied 1 year ago.


Please send it, and thanks for your excellent help, I also want to make sure you know I DO NOT WANT ANY MEMBERSHIP, however I will certianly use your site again and will tell my friends about it. Thanks again.

Expert:  Ely replied 1 year ago.
Hello,

With pleasure - please allow me a second to do so...
Expert:  Ely replied 1 year ago.
Dear _________,

This correspondence is in regards XXXXX XXXXX continuous action of (explain what is happening).

At this point, you are asked to CEASE AND DESIST.

If this behavior continues, I may have no choice but to seek relief in a court of law, including for a permanent injunction, defamation, and interference with business relations.

Defamation includes injury to one's office, profession, trade, or business. Interference with a business relation may be applies as a tort to employment as well, in North Dakota. Hennum v. City of Medina, 402 NW 2d 327 - ND: Supreme Court 1987.

Punitive damages under N. D. Cent. Code § 32-03.2-11 would also be sought in judgment, as would reasonable attorney fees and legal fees.

Please consider this a fair warning. While I am sure this matter may be solved amicably, I will not hesitate to protect myself as necessary.

Sincerely,

Signature

Name


Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88124
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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