Fearful of pending litigation

[Macgawd]

I have a case that is heading for litigation (although we have tried to settle out-of-court for some time without success). The case involves criminal trespass and property damage against our neighbor who is, for lack of a better term, crazy. We had just moved into the neighborhood, and within two months, our neighbor had trespassed on our property and cut down about $700 worth of bushes well on our side of the property line, which was clearly marked by stakes (ironically, they put the stakes there after disputing the line with the previous owners!). This act was witnessed by another neighbor, who has agreed to testify.

To cut to the chase, I'm worried that my neighbor, who apparently has no conscience, will do or say anything under oath in order to win--they have already falsely accused me of hiring someone doing the damage myself, then blaming it on them because of their asian ethnicity (thus playing the "race card".) Of course, I cannot prove that I'm not a racist (I'm not), other than the fact that my wife is Native American, and that two of my siblings have adopted Korean and Philippino children, whom I adore, and the fact that I had never seen any of them prior to the event to even know what their ethnicity was in the first place.

Knowing that part of their defense is an outright lie, how will this likely play out in court? What is my best defense against such falsities? Do judges deal with this sort of dishonesty on a routine basis, and so are able to spot fraudulent claims when they hear them?

Thanks,

Michael

 

[seniorjudge]

Q: Knowing that part of their defense is an outright lie, how will this likely play out in court?

A: You don't know what their defense is. If it is that you hate them because they are Orientals, then I doubt that any judge will pay any attention to that.


Q: What is my best defense against such falsities?

A: See prior answer.



Q: Do judges deal with this sort of dishonesty on a routine basis, and so are able to spot fraudulent claims when they hear them?

A: I can't speak for all judges, but I do know that most folks lie in court.

 

[Scooterdog]

I have a case that is heading for litigation (although we have tried to settle out-of-court for some time without success). The case involves criminal trespass and property damage against our who is, for lack of a better term, crazy. We had just moved into the neighborhood, and within two months, our neighbor had trespassed on our property and cut down about $700 worth of bushes well on our side of the property line, which was clearly marked by stakes (ironically, they put the stakes there after disputing the line with the previous owners!). This act was witnessed by another neighbor, who has agreed to testify.

To cut to the chase, I'm worried that my neighbor, who apparently has no conscience, will do or say anything under oath in order to win--they have already falsely accused me of hiring someone doing the damage myself, then blaming it on them because of their asian ethnicity (thus playing the "race card".) Of course, I cannot prove that I'm not a racist (I'm not), other than the fact that my wife is Native American, and that two of my siblings have adopted Korean and Philippino children, whom I adore, and the fact that I had never seen any of them prior to the event to even know what their ethnicity was in the first place.

Knowing that part of their defense is an outright lie, how will this likely play out in court? What is my best defense against such falsities? Do judges deal with this sort of dishonesty on a routine basis, and so are able to spot fraudulent claims when they hear them?

Thanks,

Michael

First rule: Everybody lies in court. Governemt workers, your neighbor, etc..

Judges don't seem to care.

First of all, let your neighbor say whatever. There has to be that little thing called evidence.

Sounds like your not setting to bad, have another neighbor on your side, who will testify.

Is this smallclaims court? City Court? You have lawyers?

If they lie, and you can prove they did under oath, you can have their testimony stricken.

 

[Macgawd]

First rule: Everybody lies in court. Governemt workers, your neighbor, etc..

Judges don't seem to care.

That's disconcerting.

First of all, let your neighbor say whatever. There has to be that little thing called evidence.

Sounds like your not setting to bad, have another neighbor on your side, who will testify.

There isn't another neighbor who witnessed the trespass and vandalism. Other people may lie in court, but I don't have any reason to, and I won't ask someone else to lie, either.

Is this smallclaims court? City Court? You have lawyers?

Yes, I have a lawyer. The case is filed in Chancery Court, since it is mainly an issue of equitable relief. He is, of course, telling me it's pretty much a "slam dunk", but then again, I'm sure her lawyer is telling her the same thing.

Michael