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fence & frivolous lawsuit?

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  • fence & frivolous lawsuit?

    Neighbor was 8 ft. over on my prpty he gave permiss 4/us2 remove fence, we did, he sued. We have survey & aerial photo proving him wrong. We filed "answer" to his suit...what does he do next?

  • #2
    Re: fence & frivolous lawsuit?

    he will have to prove his case or do discovery--but it sounds as if you may ask the judge to throw out the case now if you can show the survey...

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    • #3
      Re: fence & frivolous lawsuit?

      They just pulled a "settlement offer" for us to pay to re-build his fence. We declined. What's next?

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      • #4
        Re: fence & frivolous lawsuit?

        He will have to prove you acted wrongly, and it seems that that will be very hard to do based on what you have said here. You could ask the court to fine him or assess costs against him for a frivolous filing.

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        • #5
          Re: fence & frivolous lawsuit?

          Can I do that w/out attny? My attny said it will cost $3000 to file countersuit even stating we're 100% right and plaintiff can't win. I don't get it!?

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          • #6
            Re: fence & frivolous lawsuit?

            You could yes if the issue stays relatively simple...how much is the person suing you for?

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            • #7
              Re: fence & frivolous lawsuit?

              He sued for $10,000 damages, attorney fees, quiet title, trespass. Can I do anything with law enforcement for extortion or contact his title company-mortgage company-survey company? Anything other than using an attorney...this is getting expensive, but I'm right and won't stop fighting!

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              • #8
                Re: fence & frivolous lawsuit?

                You can try to appear in court and handle it yourself since the amount is not too large. And file against him in small claims if he caused any other kind of damage etc.

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