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Discussion Starter #1
It's 2:30am and I'm up...
(I'm half asleep so what I type might not make sense.)



Here's the story.

My redneck neighbor has a white-trash son (30+ living with his parents) who throws crazy parties whenever his parents are away. On various holidays and weekends (sometimes weekdays), there are parties into the late nights and early mornings. Lots of drinking, some "smoking" and loud music. On the summer days, there are tons of fat f-ugly chicks in swimsuits holding cheap beers.

I had local police come out several times (about 5-7 times a year), and one time, they verbally threatened me after the police came out.

This weekend, the boys were at it again. They have been partying since 3pm Saturday, and it just ended a couple of hours ago (around 1am Sunday) when the police came out.

Well... a few minutes after the cops left, I heard some noises... and found toliet papers ALL OVER my front yard. I wasn't just a little bit... it looks like they brought a truck load of toliet papers and trashed my place.

Obviously I called the cops again. I wanted to press charges, but he said there isnt' much I can do since there were no damages. :eek:

Your thoughts? Any ways to end this nightmare? Any ways to press charges, get restraining orders, etc.? There are several days I went to work with no sleep and s*** like this really pisses me off. I have a busy day tomorrow, and now I have clean ups to do...
 

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Well, you can move... or you can do the Youtube revenge. (Catch them defacing your property on camera.)

Other than that, cops won't help you since they have "bigger fish to fry".

Good luck!


.
 

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Discussion Starter #3
I wonder what kind of Google Ads we'll start to see on this thread....

Lawyers? Shotgun? :)
 

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Get foam earplugs.

Stop calling the cops. They are worthless in situations like this; YOU will be flagged in their database as a complainer and troublemaker. Cops are there to write you up for going 5+ over the speed limit, not to help out a taxpayer such as yourself.

To your neighbor and his buddies you are the bad guy. The a-hole that calls the cops.

The next time he throws a party and the volume is lower than normal, or the party ends early, leave him a case of beer and a thank you note for 'keeping it toned down.'

That will mess with his head and possible instill a little guilt.
 

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Can you guys think of any basis I can file a lawsuit?
No. Don't be ridiculous. Even if you did file a lawsuit, there are no provable 'damages' + trailer trash has no assets in which to pay a judgment.

All you will do then is make things 100x worse.

Society and the 'law' are set up to deal with people that have something to lose, such as yourself. Mr Trash next door has freedom because he has nothing to lose. You never want to start a pissing match with trailer.
 

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Talk to his parents? rotfl
LOL!!

30-year old living with parents reminds me of one of my all time favorite TV shows - Get a Life w/ Chris Elliott. rotfl

<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/G9aYZwDTF1M&hl=en&fs=1"></param><param name="allowFullScreen" value="true"></param><embed src="http://www.youtube.com/v/G9aYZwDTF1M&hl=en&fs=1" type="application/x-shockwave-flash" allowfullscreen="true" width="425" height="344"></embed></object>
 

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Discussion Starter #10
It's 4:30am... they are at it again (just an hour after the cops left)

The cops are on their way again...


It looks like I won't be getting any sleep tonight and have two meetings today...
 

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This is why you're single Patrick, you're not over there living it up! -poke-

But seriously, I'd get ready for round 2 of the TPing, or perhaps worse. :eek:
 

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Did you ever go over there yourself and confront them? If not during the party, how about when you know both him and the parents are home?

Video camera and pictures are always a plus. Especially if they vandalize your property and you have them on video.

Set the trap....
 

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No. Don't be ridiculous. Even if you did file a lawsuit, there are no provable 'damages' + trailer trash has no assets in which to pay a judgment.

All you will do then is make things 100x worse.

Society and the 'law' are set up to deal with people that have something to lose, such as yourself. Mr Trash next door has freedom because he has nothing to lose. You never want to start a pissing match with trailer.
Of course he can file a lawsuit. He even stands a good chance of winning in small claims. Remember, small claims has MUCH more wiggle room. Any sick time / PTO in the last year is resulting from lack of sleep as a direct result of your neighbor. ;) Just get the video evidence, take pictures of everything, etc. etc. and the judge can punish your neighbor for being a jerk.


On the other hand, the way I dealt with this once (seeing as I wake up at 4 AM for work) was to have impromptu parties as soon as my neighbor's party was dying down and he was going to bed. I'd wake up a bit early and blast music from 3 am to 5 am.
 

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Get a large, loud stereo system and play it outside pointed toward your neighbor's house at 2:30am when mommy and daddy come home.

Or do as others have suggested, try ear plugs or move.
 

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I know one of Randy's pet peaves is people cutting and pasting from the web, but if ever there was some great information.


What You Can Do About Shattered Peace
Can I sue a noisy neighbor, in small claims court?
An overview on the Law of Nuisance -

If your neighbor keeps disturbing you, you can sue, and ask the court for money damages or to order the neighbor to stop the noise ("abate the nuisance," in legal terms). For money damages alone, ($5,000.00 per case in California and is not limited to individuals) you can use small claims court. For a court order telling somebody to stop doing something, you'll have to sue in regular court.
Of course, what you really want is for the nuisance to stop. But getting a small claims court to order your neighbor to pay you money can be amazingly effective. And suing in small claims court is easy, inexpensive and doesn't require a lawyer.

To win, you'll need to show:

There is excessive and disturbing noise
The entity or person you are suing is responsible.
Your enjoyment of your home is affected.
You have asked the *entity or person to stop the noise.
To prove your case, use police reports, witnesses, your own testimony or even a recording.

How much money should you sue for? California, small claims courts cannot award more than $5,000. Requesting $50 a day for your trouble would probably be considered reasonable. If the noise problem is really severe -- keeping you from sleeping or working and making you completely frazzled -- make it $100 a day.

*An entity (city, county, etc.) that has power to control a project is liable even if it does not actively participate in it to suffer liability. Proof that an entity signed a contract assuming responsibility for the project, shared a common governance with an active participant, or provided an exclusive revenue source for the project, can establish control. Arreola v. Monterey County (2002) __Cal.App.4th__ [2002 Cal. App. LEXIS 4319].

Noise that is excessive and deliberate may also be in violation of state criminal laws against disturbing the peace or disorderly conduct. This means that, in very extreme circumstances, the police can arrest your neighbor. Usually, these offenses are punishable by fines or short jail sentences.


California State Government Code Section 65302g
Mandates that noise elements be included as a part of city general plans and that cities adopt comprehensive noise ordinances.



*To sue a government agency you need to prove that:
1. You gave a special written claim to the agency; AND
2. The agency rejected your claim.
3. File a copy of your rejection letter with your small claims court claim.
4. You filed your small claims court claim less than 6 months after the agency rejected your claim.

How can I present my claim to the government agency?
Get an official claim form from the agency:
If your claim is against your county government, get the forms from the county clerk.
If your claim is against the city government, get the forms from the city clerk.

It looks like you CAN do a real number on them. Remember you can sue for up to $7,500 now. I'd start video taping a DB meter next to your cell phone which will give the actual time, then call the police.
 

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It's time for.....
 

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Discussion Starter #18 (Edited)
Josh, good stuff! Thanks!

I haven't sleept all night, and I am now getting ready to go talk to someone at the police dept. before talking to the mayor (who lives two doors down from my house). I won't identify which city I am in (some of you know), but the local police's work last night was embrassing... I am going to go talk to someone at the police dept. before letting the mayor know the level of professionalism the officers showed last night.

One of the cops basically told me that "kids" to these things all the time and I should not waste my/his time. 1) these are not "kids", but a bum in his 30's living with his parents (and his bum friends), 2) since putting toliet paper all over someone's house is not something they can do anything about (since there's no damage, according to the cop), I wonder what the PD would do if I TP their building! I believe it is litering and can be either misdemeanor or felony depending on severity. The cop should've done his homework...

I did confront them and their parents. Their parents are even worse. They basically said we'll do whatever we do in our house. (well, I think he almost told me to go back to where I came from...)
 

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I disagree. You don't want to engage in any confrontation or do anything to escalate this. You want to resolve it.

Some proposals:

Talk to the parents when they're back. You could ask them for suggestions on what YOU could do.

Find some way to get it mediated. In New York City, a criminal complaint goes to mediation before it goes to court. All Small Claims Court cases get mediated, either by the judge's assistant or by an arbitrator. I know because I worked at both. Mediation aims to get some agreement between the parties.

Neither court nor confrontation will give you the satisfaction you seek. The judge doesn't shake his finger at the other party and say, "bad, bad." Forget about Judge Judy and the likes. The judge reserves decision and lets you know by mail.
 

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You can alsways contact your local Hells Angels crew to help out with keeping the silence. If the show up knocking on the door and tell them to stop, they will-eek-

They also collect money if you need.

Only problem is that you are now affiliated with people that are not well respected (or at all since most of them have a criminal record) by the city.

If the mayor is two houses down I start with him
 
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