My landlord wants to take me to court. please help?
RELAX .... You have proof of the conditions. Write them a nice calm letter and tell them if they wish to pursue any claim you are fine with that . Tell them there will be a counter claim of extortion and undue mental anguish . You can also add you will be asking for damages for time off work due to their false claims . Tell them you are going to report them to the local authorities for violation due to the lack of proper maintenance as the apartment wasn't painted as per the law . Add any further contact will be considered harassment on their part and they should revert to the courts to solve the dispute .. Judges have little sympathy for crooked landlords . Mail the letter certified mail with a signature required . Make copies of all correspondence .
Can I sue my landlord for slander, libel, and get restitution for pain and suffering?
My question was very clear without relaying specific details. At this point what difference does it make what they yaccused me of lying about. The fact is, I didn't lie and I proved it. They called me names, and I have proof of that. They discussed this situation with tenants, which were not correct facts. It shouldn't matter what the topics are. I am hesitant to share information, as I am considering a lawsuit, but briefly: I have a no contact order against someone that was apparently seen at my doorfront when I was at school. I was accused of having him in my home when this was not true. I proved I was no where near my apartment when this occured. The landlord found this person in my neighbors apartment, which was unknown to me. This person has been in jail because of his violent nature regarding me. Each time I was aware of this persons presence, I reported it to the police, which is documented. He was put in jail twice.
Can I file a case without evidence and witnesses?
You can certainly file a case without any evidence or witnesses. You do so by paying the filing fee, filing a complaint under penalty of perjury, and serving the opposing party with proper notice.But that case will almost certainly be dismissed upon the first hearing, if not by motion of the opposing party, provided you still have no evidence or witnesses.Further, doing so knowing that you have no evidence or witnesses to back up your claim would put such a filing clearly in the category of a “frivolous” claim, which means that you might wind up on the wrong side of another law suit immediately following the dismissal of yours, or even with a court order to pay the legal fees the opposing party incurred prior to dismissal.
How can i scare someone into thinking im suing them for SLANDER?
How about a thourough cease & decist letter Dear xxxx: This CEASE AND DESIST ORDER is to inform you that your establishments harassing and intimidating actions against xxxx have become unbearable. Such anti-social behavior is completely unacceptable and will not be tolerated in any way, shape or form. This letter is to demand that your continuing involvement in, planning and encouragement of, high-pressure recruitment, information gathering, harassment and intimidation must CEASE AND DESIST immediately. Should you and the daycare continue to pursue these activities in violation of this CEASE AND DESIST ORDER, we will not hesitate to pursue further legal action against you and the establishment, including, but not limited to, civil action and/or criminal complaints. [Put some specific incidents here, use dates, times, sherrifs office report numbers for complaints filed, or how about claiming that you have recorded voice documentation of these accusations, anything you can think of that sounds good.] xxxx have a right to remain free from your intimidating, manipulative and high-pressure tactics, and we will take the responsibility upon ourselves to protect that right. Note that a copy of this letter and a record of its delivery will be stored. Note too that it is admissible as evidence in a court of law and will be used as such if need be in the future. This CEASE AND DESIST ORDER demands that you immediately discontinue and do not at any point in the future under any circumstances do the following to me: speak to, contact, pursue, harass, attack, strike, bump into, brush up against, push, tap, grab, hold, threaten, telephone (via cellular or landline), instant message, page, fax, email, follow, stalk, shadow, disturb my peace, keep me under surveillance, gather information about and/or block my movements at home, work, social gatherings, religious functions and/or at any other activities. Any further correspondence should be redirected to our attorney Put attorney contact info on a few lines right here. [Note that your behavior is a violation of the Texas Penal Code Subsection 42.072(a)(b)(c) - Stalking and Subsection 42.07(a)(b)(c) - Harassment] Regards, Sign Here
How did my neighbor get a harassment restraining order stating I threatened his life when I have not?
Well, here’s the thing: a temporary restraining order doesn’t require a whole lot of evidence to get passed. This is because the courts, on the whole, would rather err on the side of caution and have to go “whoops, sorry” to someone who got hit with a restraining order that wasn’t necessary, since the alternative is potentially “local woman murdered by ex-boyfriend, friends and family state she was trying to get a restraining order against him, ask why nothing was done to prevent this”.The best thing for you to do, at this point, is to get a lawyer and have them sort this out. You do not want to try and self-help with this, much like how you don’t want to try and rewire your whole house when your electrical experience consists of watching a few home reno shows and a bunch of youtube videos.
How can you defend yourself against someone who lies to get a restraining order against you?
Initially you really can’t if you don’t have proof that the person is lying. This has happened to me and it is horrible. If you don’t have children with the person be happy to abide by the order and stay far away.If you do have children your life will become a living hell trying to visit them. The liar may even include the children as protected parties to gain a custody advantage, as in my case.Also get a lawyer ASAP if a bogus PFA is filed on you. If finances are tight, you might be tempted to go this alone, but don’t. Max out the credit cards, call in favors from supportive family. My lawyer got an agreement to an extended temporary order instead of a permanent finding. This admits no wrongdoing and can eventually be expunged. The PFA could potentially affect my employment, so this was well worth the cost.We immediately filed a custody case next. My wife is trying to fight it, but the judge recognizing my rights to unsupervised visits despite the PFA situation. I already am having visits under a trial basis. The custody case is not finalized yet, so I am accumulating lots of damning evidence about my wife’s poor parenting and other manipulative behaviors in the meantime.I actually can’t wait for the next court case to see how she responds to some of the information I will provide the judge. People who are nasty enough to pull a stunt like this tend to reveal themselves over time. So its never too late to fight such a person, but you need to relentlessly investigate (call schools, doctors, and therapists) and document everything you can.My only recourse regarding my property loss from this will be filing for a divorce. We will both lose out financially, like everyone does in a divorce (her probably more). However, right now under the PFA, the financial loss is all one-sided on me. She sure isn’t rushing to file. It sucks, but I’m focusing on the kids first. They’re way more important to me.
My uncle is suing me in small claims court for allegedly stealing cash from his house. I'm innocent but there are no witnesses, what should I do?
My uncle is suing me in small claims court for allegedly stealing cash from his house. I'm innocent but there are no witnesses, what should I do?This sounds fishy. If you stole from his house and he had any credible proof, he would have filed a police report, or as a minimum, he would have confronted you about it.Without witnesses of the alleged crime, it would have to rely upon some kind of video evidence (from nanny-cams or security cameras) of the crime, OR your uncle may take another tactic and try to present evidence (or witnesses) that you were seen spending the money. All of that is very thin - but you should appear in court and present the facts as you know them. You didn’t steal anything. If you did, you would like to see the proof of it.
My Neighbors are Terrorizing Me?
She is an obvious nut. Your best course of action is to consult an attorney and file a civil suit against her for harassing you. Harassment is not a criminal offense, so the police can not help you. An attorney can subpoena and obtain all police and other records that pertain to you and her. You can show a clear cut pattern of harassment and can sue for pain and suffering it has caused. You can also speak with the police about a possible charge of Stalking by her. That is criminal and if all of this has happened as you say, it may be able to be charged. At the least, seems the police would be interested in charging her with Filing False Police Reports. Also, you can check with your county Clerk of Court, civil division and see if you are eligible to get a restraining order or injunction against her. If one was in place, and she continued to call in false allegations against you she would be in violation and could be subject to criminal charges.