Legal Question in Civil Litigation in Texas

neighbor making me misrable.

My neighbor drives his car around the neighborhoood at all hours during the night. He does this because a board member and I had a letter sent to him to lower his music because our houses were virating. I called the cops and they said that they cant do anything while his car is moving. My neighbood association has given up as well. I am about to move because there must be something that can be done about this. Please help. I would like to take him to small claims court and sue him for mental anguish since I have been dealing with this for so long now. I have a baby and his car wakes her up all the time. Its really fustrating.


Asked on 3/26/07, 12:47 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: neighbor making me misrable.

If you want to hire an attorney to take care of this matter for you, you could probably get a permanent injunction from his playing loud music within 1000' of your house. If you want to do this yourself, ask if you have the experience and knowledge to accomplish this. You could recover attorneys fees (if awarded by the court). Good Luck.

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Answered on 3/26/07, 1:20 pm
Peter Bradie Bradie, Bradie & Bradie

Re: neighbor making me misrable.

What he's doing is a violation of the Texas Penal Code Section 42; creating a public nuisance. However, first he needs a warning from a JP or magistrate, and then you'll have to prove that his noise level, at your home, exceeds 85 decibel.

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Answered on 3/26/07, 2:14 pm


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