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Ely
Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 89091
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, I am having an issue with my neighbor. He is calling

Resolved Question:

Hello, I am having an issue with my neighbor. He is calling the police everytime my son rides his dirtbike. The police have been up and looked at the bike and say it is fine. Yesterday I lost my temper and I called and left a message on his machine that said he was wasting tax payers dollars and putting to much time and effort into this. please stop calling the police this is total bullS$%T. I was very angry. This has been going on for months. This happened at 2:30 and he called me back and yelled at me and told me if I called him again his attorney would deal with me. About 30mins later he had to take his wife to the er b'cuz her blood pressure spiked and she was having chest pains. She had a mild heart attack. Now he is calling his attorney on me. Can I be sued over all of this?
Submitted: 1 year ago.
Category: Personal Injury Law
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 sorry for your situation.

Can I be sued over all of this?

Likely not. To sue someone, your neighbor has to prove a "cause of action" for a suit, or at least harassment for a restraining order.

SUIT
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.

Here, there is nothing of the sort. The bike has been okay'd by the authorities and is within legal parameters then, I am guessing.

Nor is simply calling an leaving an angry message basis enough for a suit. Here, you are asking about the cause of action of "intentional infliction of emotional distress." In a case for intentional infliction of emotional distress, a plaintiff must prove (1) that the defendant intended to cause the plaintiff serious emotional distress, (2) that the defendant's conduct was extreme and outrageous, and (3) that the defendant's conduct was the proximate cause of plaintiff's serious emotional distress. See Reamsnyder v. Jaskolski (1984),XXXXX3d 150, 10 OBR 485, 462 N.E.2d 392. This is simply not the case here. You only left a voice-mail; you did not threaten to kill them. Her health issues are an overreaction due to her own sensitivity and possibly other health issues.

RESTRAINING ORDER
According to Ohio Rev. Code § 2903, for a restraining order, the following is necessary:

Following ;
Orally threatening ;
Making harassing phone calls;
Sending threatening or harassing letters;
Vandalizing property;
Hurting pets; or
Any other pattern of conduct that a stalker uses to frighten you or cause mental distress.

Obviously, this is not happening here, either.

Ergo, his attorney may send you a threatening letter (if that, even), but at this point, it sounds like he really has no suit.

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.)
Ely, Counselor at Law
Satisfied Customers: 89091
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much!

Expert:  Ely replied 1 year ago.
You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Customer: replied 1 year ago.

My name is Trina. If I get a letter from his attorney should I get one of my own and if so what specialty am I looking for in one? I'm very confused over all of this. It is very stupid that it has gone this far. He is trying to make it so that we/my son & friends can't ride on the property. My father owns it and has given us permission

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Ely
Ely
Counselor at Law
567 Satisfied Customers
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.