Harassment, Stalking, Misconduct court order issued but wrongly accused

[zonemaster60]

Just recently I was served a court summons on January 14th to appear in court in February for an unnecessary noise violation (playing a loud musical instrument to be exact)

What if I WASN'T the person who was the actual cause of the noise. My son (who is 19 years old) was playing the drums and I was blamed for the noise. Funny thing about the complaint that it was 3:00pm in the afternoon and NOT between 11:00pm and 7:00am as the law clearly states no unnecessary noise between those hours.

We own the house we live in and the downstairs tenants filed a court complaint which was served to ME by a town police officer. I was NOT the source of the complaint, my son was playing the drums at the time of the complaint, he will testify to this in court if need be. The actual complaint was made on the 9th, the SAME day these tenants were served a 3 day notice to pay the back rent or quit the premises by our attorney.

Am I being wrongly accused and can I file a counter suit or complaint against the tenants for a false statement against me?

 

[jacksgal]

First off your home owner so that is why you were served. Second anyone can be charged if the DA feels there is enough supporting evidence to build a case. When you go to court you can show your side inculde that this seems to be motivated by vengence. I suspect you will be evicting these tenants. If they arent paying rent why would they pay a judgement you might seek if you sue them?

 

[zonemaster60]

they ARE being evicted since the 1st of January and yes for not paying the rent and other numerous reasons like breach of tenancy, invasion of privacy, boarding 2 additional pets without the consent of the landlord, numerous harassment charges, and several other complaints I have documented. I always say WE when I actually meant I, I am NOT the owner of the house, my wife is the only one on the deed and the loan I just help her manage stuff, so again I say WHY is my name on the court summons? I have NOTHING to do with the ownership of the house whatsoever.

Well anyway it really doesn't matter since I will obviously have to go to court anyway, even if it is a big joke. Even the police officer asked me "so when are you evicting the tenants downstairs?" because he has been sent to them over so many stupid complaints. Our attorney that is handling the eviction proceedings for us is also the city attorney, which the tenants are also aware of whether that makes any difference I have no idea, it doesn't to me.

This isn't something new, we have been dealing with their crap for over 2 months now and the courts are taking SO long to do things they are just prolonging stuff by taking pot shots at us, like this complaint, calling code enforcement on us which was a total waste of THEIR time, harassing my kids friends whenever they walk by on the street, and other things desperate tenants do to prolong an eviction process.

I'm really just tired of sitting by and doing nothing, tiptoeing in my own house just so they won't make another complaint. I just want to know if I can throw this back at them legally. I don't act on vengeance, my wife and I just want them out of our house so my kids can feel comfortable again and not stifled and we can have peace of mind.

thanks.