Legal Question in Civil Litigation in California

Re: Harrassing Neighbor

You may want to write a reply letter to your neighbor stating your position. If you can do so, take a picture of the fence and if possible a picture of your neighbors yard. This way if he does take you to Court you can show the judge that no debri was left after the fence was put up. In addition, your neighbor should be happy that you didn't charge him half of the cost of the fence since it improved his property as well as yours. You may even want to include this in your letter. You can't sue him for half of the cost, since he didn't agree to pay it in the first place, but it may make him think twice before filing a lawsuit. If he does file a lawsuit, you need to file an answer with the court immediately. If you fail to file an answer within the allotted time your neighbor will win by default and you will end up owing the money. If you are sued, you may also want to have the contractor and workers who installed the fence come and testify that they cleaned up after the fence was finished. If your neighbor sues you in Municipal Court, no small claims, feel free to contact my office. We can discuss how to file an answer in Municipal Court which is significantly more difficult than filing an answer in small claims. You can reach my office toll free at 877-546-9918 or by email at [email protected].

If your neighbor continues to verbally harass you and your family you may want to get a restraining order against him. I would be happy to discuss this option with you as well. I hope this has helped point you in the right direction.

Sincerely,

John Hayes, Esq.