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I have been making reports to the police for some time

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I have been making...

I have been making reports to the police for some time (problem started 8 years ago). A neigIhbor has been waking at least twice during every night by projecting noise into my bedroom. I have also reported incidents of vandalism.I have recorded this on a recorder. When I told this to a detective at the State P olice Dept he told me to get copies of police reports. I found out that the police have not been writing reports. I have also been refused by police regarding playing the recordings. i even got a call from from the Chief's secretary telling me I could not play them. Something's wrong. Can you give advice? Elise

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Louisiana. Started about 8 years ago. A report was made that I was burglarized and a computer recording hours of loud noise was stolen.

Lawyer's Assistant: Have you talked to a lawyer yet?

I have a lawyer but he does not take cases like this. I have not told him yet that reports have not been filed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This sleep deprivation is deliberately cruel and destructive. I'm 74 years old, have to make a living, and am falling apart.

Submitted: 8 months ago.Category: Legal
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Answered in 6 minutes by:
9/19/2017
Lawyer: Lucy, Esq., Attorney replied 8 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,251
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The separation of powers unfortunately means that there is no ability to force police to seek a criminal prosecution against someone. The judge cannot order them to arrest your neighbor, because police are part of the executive branch and the judge is part of the judicial branch. The general police duty to serve and protect doesn't require specific protection for anyone, which also makes it tough to win these types of cases against police. But you can try talking to a superior officer, explaining the history, and asking them to take action.

You can also sue your neighbor for nuisance and intentional infliction of emotional distress. That's what it's called when a person engages in a course of conduct that serves no legitimate purpose and is done solely to upset or annoy someone else. It's possible that a court order requiring him to pay you will make him think twice before continuing this behavior - especially because each new incident would give rise to a new cause of action. You could take him back to court if this continues.

The maximum you can request in Small Claims Court is $5,000. Before deciding whether that's sufficient, look at whether you can prove medical expenses based on what he's done within the past few years - because the judge can't go back the full 8 years - and how much income you've lost. The judge will look at both of those amounts when deciding how much to award in punitive damages. If you don't have at least a few thousand dollars in expenses and lost income, the judge isn't likely to award you more than $5,000, and Small Claims is a good option.

Your local parish should have forms you can use to open a case. You do not need to hire a lawyer for small claims. It's designed to allow you to represent yourself. If you cannot afford the filing fees, they should have forms you can use to request a waiver.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Lawyer: Lucy, Esq., Attorney replied 8 months ago

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