Help I'm being sued....

[Cupitsoul]

I don't want to go into very many details but, here is most of it.

I was sleeping one afternoon and woke up to pounding on my bedroom wall (we live in a Co-Op townhouse). So, the next thing I hear is my wife yelling up to me to come downstairs. I get up head downstairs and she tells me to get dressed the police are coming. So, I'm all like ummm ok what is going on. She then tells me that she had smelled the "aroma" of Marijuana coming from our shared basement wall so she called the the police and they came out and entered our home (basement) to see if they could smell it. (this all toke place while I was asleep). They told my wife that they couldn't smell anything, so about 10-15sec after the police pulled away our neighbors husband came out jumping to look in our kitchen window and was yelling "get out here, I'm going to kick your ass" he then through a snowball at our kitchen window. After that he "ripped" open our screen door and began beating on the storm door still yelling. He then went to are back yard and tried opening the locked wooden gate that we have but failed to do so as it is bolted shut. This is when he gave up and went into his home and started banging on the walls (which woke me up).

During his fit of rage my wife dialed 9-1-1, and once again the police were called out, this is when I was getting yelled at to come downstairs. The police arrived and my wife started telling them what happened by this time all the pounding had stopped but there was a big black stain (and still is) on are door. They said there was nothing they could do as they hadn't seen any of it happen. so, they left and 5 days later we received a court summons to appear in small claims court.

The reason as stated per the doucment

"Defendants contacted the (censor) police department making false accusations regarding illegal substance abuse in our home. According to officers (name) and (name) there was no aroma in either household and as stated to us by the officers this was a waste of their time and apologized for bothering us. However since this incident our rights to a peaceful enjoyment of our home has been violated and our names have been slandered."

This not the first time my wife and I have smelled something resembling the aroma of Marijuana coming from that wall that seperates us. It has even been brought to the attention of our Co-Op managment, they told us they could do nothing unless we had proof.

So, after this incident where the gentleman had a fit outside our home I wrote a letter to the managment and had them sign it as well as myself and my wife. We both have copies of the document and have both been summoned to court.

The funny thing is the neighbors went and asked the managment for a copy of the letter we wrote to them, but how did they know we wrote them a letter we didn't make it obvious we made it look like we went to pay rent. Anyway management can't give out documents of that type as they are to remain anonymous UNLESS they are summoned to court at which time they must provide the document. BTW they are suing us for maximum monetary value allowed.


So, what do I do now? wait? I'm nervous and I'm kind of upset as someone or something does smell of marijuana on ocassion in my basement.

/cry

 

[Willing and Unsure]

well, if it were me, I'd be asking a lawyer about this and not a porn site.

 

[zerimar1231]

I really hate the court system in this country, people sue for EVERYTHING, it's such a waste of time. Anyway they can sue you for slander, but they'd have to prove that you called the police out of malice, and intent to do harm in this case ruin their reputation, which is hard to prove. As for what you should do now, i say go into a lawyer's office and get a free consultation from a lawyer that will tell you what to do, then go again to some other place and get a second opinion just in case.

ps: if you have a video camera, have it handy in case this happens again, because i'm assuming you have no witnesses in your defense, a sweet little tape of your wacko neighboors wacking at your door will have that law suit thrown out in no time.

 

[MR.GGG]

So ...?

You're being sued for slander or an infringement on his rights to privacy? Is there an AMOUNT stated? Is he asking for damages or an apology or what? Does the document request a statement of response?

My guess is that whoever owned your home before you moved ingrew some dope in the basement and that's what you're smelling sometimes. The guy probably has a right to be pissed at you but a lawsuit si some scum sucking lawyers idea.

Over all I doubt it'll amount to a hill O beans anyway. The courts have better things to worry about than crap like this. Besides if you wish to proceed with this, counter sue him for intimidation (banging on your door or looking at you funny) and request a TRIAL date in 2035 or something....which is when you'll likely get it anyway considering its apparent degree of seriousness.

 

[Cupitsoul]

We talked to a legal assistant who told us if we smell it anymore between now and our court date write it down date time everything and bring it to court. Not much but...

I just wish we could get some hard evidence, I thought about taking a wood sample from their floorboard and having it tested as well as an air sample when we smell it again.

Might anyone know of a place to get this equipment?

 

[Willing and Unsure]

I just have to ask this, entirely out of curiosity. Did you call the cops about the marijuana scent solely because it's illegal for them to smoke it or because it's a nuisance towards you in some way?

 

[Cupitsoul]

You're being sued for slander or an infringement on his rights to privacy? Is there an AMOUNT stated? Is he asking for damages or an apology or what? Does the document request a statement of response?

My guess is that whoever owned your home before you moved ingrew some dope in the basement and that's what you're smelling sometimes. The guy probably has a right to be pissed at you but a lawsuit si some scum sucking lawyers idea.

Over all I doubt it'll amount to a hill O beans anyway. The courts have better things to worry about than crap like this. Besides if you wish to proceed with this, counter sue him for intimidation (banging on your door or looking at you funny) and request a TRIAL date in 2035 or something....which is when you'll likely get it anyway considering its apparent degree of seriousness.

Slander, and it is alot of money considering my wife and I are both full time college studnets with 2 kids who have been living off our Tax refund up till now.

Nope basement as well as the rest of the house was repainted and recovered with a poly seal in the basement, I can put my nose up to the cracks at the top of the walls which holds are floor support beams and smell it as the air is pushed through.

 

[Cupitsoul]

I just have to ask this, entirely out of curiosity. Did you call the cops about the marijuana scent solely because it's illegal for them to smoke it or because it's a nuisance towards you in some way?

My wife called because she doesn't want our kids "around" that, the fact that it is illegal had nothing to do with it. General nuisance to my household and our enjoyment of peaceful environment. Plus I'd hate to have to take a drug test once I get a job and them find something.

 

[hydrex]

Well the summons seems to state you said someone was abusing a substance (mary jane).

Get a copy of the police report, if there even is one which I doubt, and see if it says the same thing. Asking the cops to see if they smell weed doesn't mean that you thought the neighbors were smoking it.

Also ask the cop that responded or took the original call if you claimed anyone was smoking weed. If not then counter sue them for false accusations or something.

 

[Willing and Unsure]

My wife called because she doesn't want our kids "around" that, the fact that it is illegal had nothing to do with it. General nuisance to my household and our enjoyment of peaceful environment. Plus I'd hate to have to take a drug test once I get a job and them find something.

then join the bandwagon and try to find some way to file charges against them for "endangering the welfare of a child" since it such a huge problem for them.

 

[Cupitsoul]

Well the summons seems to state you said someone was abusing a substance (mary jane).

Get a copy of the police report, if there even is one which I doubt, and see if it says the same thing. Asking the cops to see if they smell weed doesn't mean that you thought the neighbors were smoking it.

Also ask the cop that responded or took the original call if you claimed anyone was smoking weed. If not then counter sue them for false accusations or something.

My wife said "she could smell something that smelled like marijuana coming from our neighbors basement (shared)"

 

[phoenix1224]

I know that you're very worried about this, but there really isn't a need to be.

In small claims court, the first thing that your neighbors are going to have to do is proove that your wife never smelled anything (which is damn near impossible). Secondly, they're going to have to prove that you called the police out of malice (which, again is nearly impossible... afterall, marijuana IS illegal). Thirdly, your neighbors are going to have to prove that you actually accused THEM... Which, even if you DID accused them, they would have to prove that the claim was completely warrantless.

In a suit like this, the ENTIRE burden of proof is on the plaintiff... And, they don't seem to have any proof of anything.

You see, if the judge hears your story, he/she will have to find that you were completely warrantless in calling the police... Which, you and your wife weren't... You smelled something that you believed to be marijuana and called the police to investigate... It sounds to ME like you were acting as concerned citizens.

But, of course, I've gotten most of my court knowledge from watching "People's Court" and the like... *shrugs*

 

[lost5pints]

Well the summons seems to state you said someone was abusing a substance (mary jane).

Get a copy of the police report, if there even is one which I doubt, and see if it says the same thing. Asking the cops to see if they smell weed doesn't mean that you thought the neighbors were smoking it.

Also ask the cop that responded or took the original call if you claimed anyone was smoking weed. If not then counter sue them for false accusations or something.

If no report was done you still can request a copy of the departments desk journal/and or communications log. Both are documents commonly used to keep a record of activities involving the units working during a shift. Also any peace officer worth a damn will have notes also. An officer's notes are almost always usable in court unless their is something that brings into question their integrity in their notes. granted on little screw up like him having a shopping list in the same book as field interviews or case notes makes them worthless. t least in military court procedings.......good luck with this....L5P's

 

[silverwhisper]

first: talk to an attorney. he or she might recommend against point 2.
second: countersue for a ridiculously large amount and force them to drop their complaint. by definition, small claims court is for small quantities: where i live, that's $1000 or less.

that said: your wife called the police instead of trying to talk to them about using a fan or somethiing so that your kids weren't getting contact highs? can i infer then that you've tried that route and not gotten the desired outcome?

ed

 

[Ezzy]

She then tells me that she had smelled the "aroma" of Marijuana coming from our shared basement wall so she called the police and they came out and entered our home (basement) to see if they could smell it. (this all toke place while I was asleep).

Ok so I can't resist pointing out your wife thought she could smell Marijuana and this was noticed as you toked (to suck Marijuana smoke from a joint).

Joking aside on to the serious stuff!

They told my wife that they couldn't smell anything, so about 10-15sec after the police pulled away our neighbors husband came out jumping to look in our kitchen window and was yelling "get out here, I'm going to kick your ass" he then through a snowball at our kitchen window. After that he "ripped" open our screen door and began beating on the storm door still yelling. He then went to our back yard and tried opening the locked wooden gate that we have but failed to do so as it is bolted shut. This is when he gave up and went into his home and started banging on the walls (which woke me up).

During his fit of rage my wife dialed 9-1-1, and once again the police were called out, this is when I was getting yelled at to come downstairs. The police arrived and my wife started telling them what happened by this time all the pounding had stopped but there was a big black stain (and still is) on are door. They said there was nothing they could do, as they hadn't seen any of it happen. So, they left and 5 days later we received a court summons to appear in small claims court.

The reason as stated per the document

"Defendants contacted the (censor) police department making false accusations regarding illegal substance abuse in our home. According to officers (name) and (name) there was no aroma in either household and as stated to us by the officers this was a waste of their time and apologized for bothering us. However since this incident our rights to a peaceful enjoyment of our home has been violated and our names have been slandered."

This not the first time my wife and I have smelled something resembling the aroma of Marijuana coming from that wall that separates us. It has even been brought to the attention of our Co-Op management; they told us they could do nothing unless we had proof.

So, after this incident where the gentleman had a fit outside our home I wrote a letter to the management and had them sign it as well as my wife and myself. We both have copies of the document and have both been summoned to court.

The funny thing is the neighbors went and asked the management for a copy of the letter we wrote to them, but how did they know we wrote them a letter we didn't make it obvious we made it look like we went to pay rent. Anyway management can't give out documents of that type, as they are to remain anonymous UNLESS they are summoned to court at which time they must provide the document. BTW they are suing us for maximum monetary value allowed.


So, what do I do now? Wait? I'm nervous and I'm kind of upset as someone or something does smell of marijuana on occasion in my basement.

At the end of the day, how much trouble are you willing to put up with, and what sort of relationship do you have with other concerned citizens in the building?

If I were in your situation I would personally go all out to counter their allegations, and go after them for as much as they are going after you (under $10,000 or so, in most states).

I would counter sue, photograph the damage to the storm door and any other damage you can document, try and find other neighbors who have smelled the “strange smell” near their apartment, request that the court pulls the 911 tape, so the judge can hear how frightened your wife was by the idiots actions.

Document things like his threats to “kick your ass” etc. and the thrown snowball, it all comes under abusive and threatening behavior and will act against his interest, you can stress how frightening the whole thing was to your wife and kids, how many sleepless nights it caused, and the pain and suffering your family has gone through.

You have removed the name of your state or city, but a quick search on the Internet for “X small claims court procedure” where X is your State or City, you can get a better idea of the real amount you are being sued for and how much you should seek in return.

If you can find anyone in the building who does say they have smelled the “strange smell” get their name and address and tell them you will be summoning them to testify in the case, make sure you include their details and ask for summonses to be issued when you file your counter suit. If you want to go the whole hog, find out the cost to replace the storm door with a brand new one, (you would really only paint it I know, but you can make it sound as if you are seeking to replace the one he “damaged” in his rage, it all goes in as part of your case).

The whole point of all his is to prepare as strong a counter claim as you can, “Small Claims Courts” don’t have juries but you need to make sure you are there to answer the case, the judge does most of the investigating in the court room, (this is why a counter suit can be an effective defense, as the more information you can put before the judge from your side the better), if you don’t attend the judgment will be made against you by default, so make sure you go.

If you make counter suit against the guy, the case will be delayed until you have had at least 10 days from your filing the papers, but the sooner you start the better.

Lots of people use the court system to bully others into settling to avoid the case, (probably his intention here to get you to a) retract your statement, b) issue an apology, c) seek a monetary award against you.

By filing a counter suit you show a) you are willing to use the system just like he is, b) you are not scared (even if you are quaking in your boots) c) he might do better to pay you for your damages or just drop the whole thing, (which is really what you want to happen isn’t it?).

The more relevant information you can put on paper the better, the judge will get to read it and often the side that produces the most paper, WINS. This is an over simplification of the small claims court system, but not much of one.

Run all these ideas past an attorney during the attorneys’ free ½ hour consultation and he will most likely say they are the “right” way to go. Get a friend to check spelling and facts on any documents you include in your side of the case, just to make the best impression on the judge that you can.

Then go after him (the guy, not the judge) with all legal guns blazing. Remember that even if the court makes a mistake and finds for him, you have the right of appeal in cases where an award is more than $50 or $100 dollars, and even if he (or you) get awarded the highest amount available getting paid it, may involve additional court proceedings.

The clerks in the small claims courts are willing and able to assist you in the filing of your counter claim, and they will offer clearer guidelines about your local system than you will find here.

When all is said and done, don’t panic, be efficient and logical in your actions against his suit, DO attend, don’t be flippant to the judge, respect him and his court room, but don’t be cowed by him either, he is just a man doing his job to the best of his ability.

Do fight it, do document everything, don’t worry and all things being equal, most judges with a suit and counter suit will at worst feel that the one claim balances out the other claim and settle with “no winner” the claims being equal. That is the “worst” that can happen to you, as I think you will find you have a stronger claim for damages against the guy, than he has against you.

Check it out, take action, don’t be the first to fold, and treat the whole thing as an interesting learning experience and enjoy your part in it, I know you might feel enjoyment is the farthest thing away from the situation, but if you can find a little pleasure in the “game” it will go a lot easier (and less stressful for you and your family).

P.s. I am not an attorney...but I did stay at a Holiday Inn last night!

 

[Nonchalant]

damn you called the police just for weed?

at the very least you could have gone next door and simply told them if they were gonna do something like that, please make sure the aroma didnt leave their house because you have kids.



you deserve to get sued for wasting everyones time (your neighbors AND the police).

 

[Cupitsoul]

damn you called the police just for weed?

at the very least you could have gone next door and simply told them if they were gonna do something like that, please make sure the aroma didnt leave their house because you have kids.



you deserve to get sued for wasting everyones time (your neighbors AND the police).

I'll take your comments as if they were but a quick stench among a heap of BS that surrounds your weak intellect. It is my right to peaceful enjoyment of my dwelling as it is theirs but not when it disrupts either of ourhomes. I have as much right to my enjoyment as they do.

 

[Willing and Unsure]

I'll take your comments as if they were but a quick stench among a heap of BS that surrounds your weak intellect. It is my right to peaceful enjoyment of my dwelling as it is theirs but not when it disrupts either of ourhomes. I have as much right to my enjoyment as they do.

you seem like the type that would call the cops if the air freshener smell that wafted into your place was too strong for your liking.

 

[Cupitsoul]

you seem like the type that would call the cops if the air freshener smell that wafted into your place was too strong for your liking.

So, I come here to ask a question and now I have defend myself as well? I just came here looking for help as it's the largest community I know of. You all have the right to your opinion but I'm only looking for some help with the matter at hand.

 

[SweetSnaffle]

C'mon, his wife was being protective of her children.
I don't think its unreasonable for a mother to want to protect her children from dangerous substances. You never know what sort of effect drugs are going to have on a human body, especially a child. If they are going to risk that, let it be their decision and not that of a careless neighbour.

Ever thought of moving Cupid? You don't need the stress of such neighbours. I'm not so fussy about the weed, thats reasonably easily solved with some ventilation gear and air purifiers, but the erratic and violent behaviour is not a very pleasant thing to deal with.

You didn't blow up their cat, you called the authorities over a legtimate concern. I hardly think that people should even have the ability to sue over such things. No doubt this fear of financial loss keeps people sitting on their hands more often than not.

Antisocial, illegal and violent behaviour should not be financially rewarded IMO.

Good luck, and stay strong.

 

[silverwhisper]

cupit: actually, there have been a number of posts that offered some advice: it's only nonchalant that feels it necessary to call you an asshole. but judging from your response to him, i'm wondering just how much truth there is to it.

ed

 

[Lynxie]

I live in a large apartment complex, and there are 12 apartments in my particular building. Disputes are bound to come up. Whenever my husband and I are unhappy with a neighbor, we confront them ourselves first. A calm, civil discussion about our concerns usually clears up the dispute without the need to take it to the authorities (whether that be management, or the cops).

I've been in your situation in a previoius apartment building - I'm highly sensitive to smoke of any sort, and smoke from my pot-smoking neighbors downstairs was drifting up through the floor and making our apartment smell like marijuana. I'm not a fan of illegal substances, but I could also care less what people do with their own free time and bodies... as long as it's not affecting me in any way. I stopped at their door on my way home one evening and had a little chat with them. I told them it wouldn't normally be my business, but their smoking was affecting the quality of my living. I told them that I had no intention of calling the landlord or cops, but asked if they would please keep their habits to the back porch, which was open to the outside air, yet private enough that they wouldn't be seen or caught. They agreed, and it was never an issue again.

When I was in college, I was a resident advisor. Disputes among neighbors and roommates were quite frequent in the dormatories. In my 4 years of working as an RA, I saw many situations that were easily resolved, and some that just got worse and worse. The ones that were most easily settled were the ones in which the students involved were willing to communicate and come up with solutions on their own. If the students could talk about their problems civilly, there was a 99% chance that they would come to a solution. Whenever they refused to talk to each other (i.e. call the cops when your neighbor's being loud late at night, instead of asking them to turn down their stereo, etc) there was a 100% chance that the problem would escalate, to the point of being damn-near impossible to resolve.

I think this is what's happening in your case, Cupit. Why did your wife think the police were the best first step? Had you tried talking to them about it in the past? People who smoke marijuana are usually mellow people, unless you involve the authorities - then paranoia sets in and they're impossible to work with. If you had just asked them to put a fan in their basement to keep the smoke away from the shared wall, they probably would have been happy to comply, if it would keep the cops away.

Yes, they're overreacting to your calling the police - there's no need for them to sue. But on the same note, I think you and your wife overreacted to the problem in the first place.

 

[silverwhisper]

lynxie: i'm getting the impression that the initial post is less about seeking help as much as it was a rant.

ed

 

[Willing and Unsure]

lynxie: i'm getting the impression that the initial post is less about seeking help as much as it was a rant.

ed

that is the feeling that I got after some of the initial responses. Either that, or it's a mixture and the guy is looking for a way to avoid consulting a lawyer altogether on this matter. And of course, if you dont agree with his actions altogether than you just shouldnt be offering an opinion.

 

[Lynxie]

that is the feeling that I got after some of the initial responses. Either that, or it's a mixture and the guy is looking for a way to avoid consulting a lawyer altogether on this matter. And of course, if you dont agree with his actions altogether than you just shouldnt be offering an opinion.

I know, I probably should have stayed quiet... but at the same time, I hope in some small way that my post might prove useful to him in future situations.