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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Ive been having major problems with my upstairs neighbor stalking

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Ive been having major problems with my upstairs neighbor stalking and harassing me at my home. I've had the police talk to him and things just got worse. I had detectives involved. I can no longer stay here. I own and am forced to file bankruptcy just to get out of here because I don't qualify for a short sale & cannot sell my condo because its under water. I have no money to become a landlord. If it was not for him I would still be able to stay here. He's ruined my life. Can I sue him for emotional distress as well as pain and suffering? I live in Illinois.

William B. Esq. :

Dear Customer, you can file a civil claim against this individual (first for a civil restraining order - which I assume you may already have been advised to do by the police department), and second for Intentional Infliction of Emotional Distress (IIED) this tort is somewhat difficult to claim as the Courts set a very high standard, but with facts such as the ones you have described you likely have a strong chance of proving all of the elements necessary to prove your case.


You also have a cause of action for trespass (each time he enters your property is a separate and distinct action, the Court can award any amount of damages it sees fit to stop future intrusions on your property).


I hope that this is helpful, and is in some way able to help stop this conduct. If you have any questions please let me know. Best regards, Bill

Customer:

The police did advise me that I could get a no stalking order but since he lives right upstairs from me it wouldn't help me very much. Do I need an attorney to

Customer:

file the civil claim?

William B. Esq. :

You do not need a civil litigation attorney to file a claim (it is helpful but not necessary). You can get most of the necessary forms from your local court's self help center (some are online), or the law library. You will need to go to the law library to research the tort of IIED, and get some case law information to support your claim (cases with similar facts). The research assistants there will help a lot. Depending on your financial situation, you may qualify for legal aid and pro-bono attorney assistance.

Customer:

Ok. Thank you.

William B. Esq. :

You are welcome, is there anything else I can help you with today?

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