CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.
“He’s such a nuisance, constantly drumming his fingers on the table like that!”
Just what is a “nuisance”, anyway? Well, it has one meaning in common parlance and another more specific meaning in law, although the meanings are somewhat similar. A nuisance is legally defined as “an unreasonable interference with the use and enjoyment of property”. By the way, lawyers just LOVE that deliciously ambiguous word “reasonable”, because they can bill hour after billable hour arguing endlessly over what is “reasonable” under a given set of circumstances. In fact, you could probably boil all of law down to that one word – if it’s “reasonable” then you can do it, but if it’s not, then you can’t.
Unlike trespass law, nuisance is only actionable if you can show that the offending condition caused you actual harm. Note that “harm” is a quite flexible concept and commonly includes things like noise pollution (the loud rock ‘n roll blaring out of the apartment next door at all hours, for example). Smoke from a nearby factory can be a nuisance. So can foul odors, stadium lights left on at night, heat, dust, and many other things. On the other hand, some things are not nuisances. The fact that your neighbor’s house is an eyesore will not support a nuisance claim, because for some reason ugliness is not considered a nuisance (it might violate the rules of the neighborhood association though, if you live in one of those snooty upper-class developments). It has been recorded that Abraham Lincoln was once told by his neighbor that he was the ugliest man she had ever seen. When Lincoln noted that he couldn’t help it, the woman replied, “Yes, but you might stay indoors!” She wouldn’t have won a nuisance action against him.
What can you get if you win a lawsuit for nuisance? You can get damages or an injunction. Damages means money, and if the nuisance is continuing (if it will continue even after you win the case, as in the case of factory smoke, for example), you could end up with a fair chunk of change representing the reduction in the value of your property (or leasehold, if you are a renter). You might also get an injunction, subjecting the defendant to liability for contempt of court if he continues the offending activity.
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Help answer the question about real property
What is the statute of limitations for enforcing a Virginia judgment lien against real property?If a judgment is brought in Virginia on an unsecured debt, and the judgment is the basis for a lien against real property, is there a limitation on enforcement, or can that judgement lien be renewed every twenty years? "ยง 8.01-251. Limitations on enforcement of judgments" isn't clear.
if james would have gotten a lawyer to begin with none of this would have happened
I didn't realize there was a law that addresses such things. I know you must disclose all you know about the property itself, but barking dogs, being sporadic, are not part of that disclosure. If I find anything more specific on this nuisance, I'll contact you. There could be a nuisance causing the dogs to bark that should be taken care of.
@Gen2pAc lol! thanks man! By farting into the phone it reminds these chimps they are nothing more than servants chained to a chair forced to dial all day long with zero authority to enforce anything except moving on to the next call! 12.00hr low rank buzzy bodies that could have took the job flipping burgers for the same pay rate but to feed their little man syndrome chose that dead end industry. lol
@IronJustice08 that is very nasty but sounds like something I would do hahaha Bravo patriot!
no-one's going to give you the answers if and when you qualify…you need to do your own homework
The way to deal with low rank bll collectors is simple. Discuss anything but the bill!
I have actually taken a shit while on the phone with one, and held the phone to by asshole so he could hear the slick slimy turd splash when it hit the water with a follow up fart! Then I let the collector know that he just gave me a blumpkin! Have fun wit hthese people, they cant do anything! little $12hr cubical monkeys.
@MrSICKMOTHERFUCKER Speaking of stupid, it’s spelled “you’re”… not “your”. It’s also stupid to judge a mans words by the clothes he wears. Finally, it’s dumb to reach a conclusion without first researching the topic. In summary, you are dumb.
Each State of the Union has its own Statute of Limitations on unsecured debt. Usually somewhere between 4 and 6 years, starting from the LAST activity on the account. After that period of time, you can no longer be sued.
Account activity consists of any of the following:
Use of the credit card
Making any payment
Signing any debt settlement agreement(s).
ALL of the alleged debts that they try to collect from me are past the Statute of Limitations now. They are toothless predators.
It’s simple, governments care more about corporations then the people. This ponzi scheme is archaic and has been dieing since 2005, as was predicted in our earth’s development in consciousness. Just make sure your on the right side owning physical assets like gold and silver. Corporate paper and fiat currency are coming to an end.
Thank you.. It’s just what we ALL AMERICANS want to say.
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He doesn't have a snowball's chance in hell to win on either issue.
He was irresponsible because his dog was unleashed and ran onto your property. As you correctly pointed out, that was his fault, not yours. You have no liability whatsoever.
On the second issue. You did the responsible thing by calling the police when he refused to leave. The police made the decision to arrest him. If he was embarrassed, it certainly wasn't your fault. (Not that he sue you for damages anyway).
You and your husband can feel secure in the knowledge that he can't win. That doesn't mean he can't sue, in which case you could need a lawyer. Don't contact anyone unless or until you receive a summons. If it's small claims court, you won't need a lawyer at all, but you may want to get a copy of the police report from when he was arrested.
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