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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5647
Experience:  28 years of experience in general practice, real estate law and estate law.
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Can I sue my neighbor if she is tampering

Customer Question

Can I sue my neighbor for harassment if she is tampering with my property, yelling at me for no reason when I walk outside, and making false statements about me and my family to neighbors?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Yes, you can sue your neighbor, for trespass to property as well as for defamation.
Trespass may be sued on when another person interferes with your personal property or comes onto your property. Defamation may be sued for if you are the victim of someone spreading false facts about you.
From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.
1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.
In order to win a defamation case, you must prove the following:
1. A false statement was made about an individual, generally yourself;
2. The statement was made to a third party;
3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
4. Finally, you must show that you have suffered damages.
While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.
The law generally recognizes four types of Defamation Per Se:
1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.
2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.
3. The third category deals with allegations of sexual deviance or the lack of being a virgin.
4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.
In the non-business setting, where is it not your business which has been defamed, most cases involving defamation can be appropriately handled in your local small claims court. Filing your lawsuit is easy, and your case will typically be heard in 30 to 60 days.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
If she's spreading to the entire neighborhood that my son is bullying her and on one instance when he just walked outside and she started yelling at him he called the police and she told the police she wanted him arrested because he's bullying her. Is that an example?
Expert:  LawTalk replied 1 year ago.
Hi,
You asked: "If she's spreading to the entire neighborhood that my son is bullying her and on one instance when he just walked outside and she started yelling at him he called the police and she told the police she wanted him arrested because he's bullying her. Is that an example?"
Yes, that would be an example.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you when our communication is completed.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
That's it? I don't need a recording or video?
Expert:  LawTalk replied 1 year ago.
You do not need a recording. You can have witnesses testify as to what they heard if you would like. You can also make a recording if you would like, but one is not a necessity to winning a defamation suit.
Please remember to rate my service to you when our communication is completed.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
Would the amount that I pay a lawyer would be about the same monetary value that I would receive from the lawsuit? It it worth proceeding in that manner?
Expert:  LawTalk replied 1 year ago.
As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. These are new questions that you are asking. For new questions, the customer is asked to open a new question thread. I do sincerely ***** ***** any inconvenience this might cause you.
You may ask for me personally by referring to me by name (Doug) in your new question and I will be able to assist you. As the questions that you are posting are new, I am required to ask you to please open up a new question thread for them. Thank you for your understanding.
Expert:  LawTalk replied 1 year ago.
I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.
I wish you well in your future.
Doug
Expert:  Attyadvisor replied 1 year ago.
New Attorney here.
You can file suit on your own behalf without using an attorney. Depending on the amount you are seeking in damages this could also be handled in New Jersey’s Special Civil Part Section which is a way to litigate disputes less than $15,000.
https://www.judiciary.state.nj.us/ocean/special_civil.htm
You can also file a restraining order against harassment against the neighbor.
There is also a criminal law in New Jersey that deals with harassment N.J.S.A. 2c:33-4.
“New Jersey Harassment, N.J.S.A. 2C:33-4, is one of the most frequently charged offenses in municipal court.
It is a petty disorderly persons offense that may be committed in three ways.
First, causing or making anonymous communication or communication at inconvenient hours or making communication in offensively coarse language, or in any other manner likely to cause alarm with purpose to harass another person.
Second, if a person subjects another to striking, kicking, shoving, or other offensive touching or threatens a person to do so with the purpose of harassing the other person.
Finally, a person who engages in any other course of alarming conduct or repeatedly committed acts with the purpose of alarming or annoying another.”
http://www.newjersey-legal-guide.com/New-Jersey-Harassment.html
I hope that I have answered your questions and that you will be kind enough to rate my service positively so I may receive credit for my time.
Thank you.

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