Legal Question in Civil Litigation in Pennsylvania
Do I need to notorize?
I have a problem neighbor who has threatened to take me to court over a disputed dog bite and ''defamation of character''.
I need to send a letter to him responding to the above allegations. My family does not want me to have the letter notorized because they are afraid it might upset him (he is quite a bully). If I do not, will it be admissable in court should I need to pursue further action?
2 Answers from Attorneys
Re: Do I need to notorize?
The letter is admissable either way. In any case, however, you should NOT BE WRITING HIM LETTERS. I repeat...DO NOT WRITE HIM A LETTER.
Nothing you say in that letter can help you. It can only hurt you. Writing the letter won't prevent him from suing you, and may only give him more evidence against you if he does.
Before you write anything to him, see an attorney.
Re: Do I need to notorize?
There are both legal and practical matters to consider. From the legal stand point, any letter you write would be admissible. If you inadvertently make an admission against your interests in a letter it would compromise your defense.
As a practical matter, if your neighbor has a bullish demeanor, a letter is unlikely to sooth matters, rather it is likely to add fuel to the fire.
Based on the foregoing, writing a letter does not seem prudent. If he ultimately files a suit against you, then you turn it over to your homeowners insurance company. They'll appoint an attorney and handle this matter. If your neighbor engages in conduct that interferes with your use and enjoyment of your property or makes untrue public statements about you, then you may want to consult with an attorney.