Perjury, slander, fraud, trespass and property damage by neighbor

[LilianT]

Jurisdiction

Georgia

(Background: To say I have a problem with my next door neighbor is an understatement. My resources are very limited whle he owns 21 houses and has an attorney on his payroll. Also he has a history of twisting things to his convenience. ) Our property has a driveway that he claimed gives him access to park in the back of his townhouse and claims his parking is back there. He has a driveway on the other side of his building. The townhouses were built in 1988. We bought ours in 2007 but we met the tennant that lived in ours the previous ten years. That back portion was called patio, had table and chairs and barbecue and lounge chairs. In 2011 his longtime tenant left and it stayed vacant for a year. In 2012 my kids were served papers on a Motion for temporary and permanent injunction on us blocking his driveway and heckling and harassing and barricading his access. My kids had been gone for over a year and nobody had done what the neighbor claimed. Unfortunately their reply was two days late and they did not pay to open the default. The neighbor asked to strike their reply and entrer a default judgment. The judge did which I think was in error because my son had entered a Demand for a Jury Trial and that one was timely and was ignored. Unfortunately they did not appeal so the injunction stayed. Now I just got served with a Motion for contempt on the injunction and damages. Can I bring a Motion to Strike the injunction since it was based on perjury and fraud? I showed my evidence to the DA, he agreed with me, that I have a strong case, but said that they don't take perjury ever. Can I ask the judge who will be holding me in contempt, to hear my presentation of the perjury and then strike it on that basis? Also I think I am being denied my Due Process rights since I was never served the injunction and given the opportunity to my defense on the injunction being on false facts.
Could you please tell me also how to pose the Constitutional question?
Thank you very much for your help.

 

[army judge]

(Background: To say I have a problem with my next door neighbor is an understatement. My resources are very limited whle he owns 21 houses and has an attorney on his payroll. Also he has a history of twisting things to his convenience. ) Our property has a driveway that he claimed gives him access to park in the back of his townhouse and claims his parking is back there. He has a driveway on the other side of his building. The townhouses were built in 1988. We bought ours in 2007 but we met the tennant that lived in ours the previous ten years. That back portion was called patio, had table and chairs and barbecue and lounge chairs. In 2011 his longtime tenant left and it stayed vacant for a year. In 2012 my kids were served papers on a Motion for temporary and permanent injunction on us blocking his driveway and heckling and harassing and barricading his access. My kids had been gone for over a year and nobody had done what the neighbor claimed. Unfortunately their reply was two days late and they did not pay to open the default. The neighbor asked to strike their reply and entrer a default judgment. The judge did which I think was in error because my son had entered a Demand for a Jury Trial and that one was timely and was ignored. Unfortunately they did not appeal so the injunction stayed. Now I just got served with a Motion for contempt on the injunction and damages. Can I bring a Motion to Strike the injunction since it was based on perjury and fraud? I showed my evidence to the DA, he agreed with me, that I have a strong case, but said that they don't take perjury ever. Can I ask the judge who will be holding me in contempt, to hear my presentation of the perjury and then strike it on that basis? Also I think I am being denied my Due Process rights since I was never served the injunction and given the opportunity to my defense on the injunction being on false facts.
Could you please tell me also how to pose the Constitutional question?
Thank you very much for your help.

You can bring forth any motion the court will allow.

I don't see how it will affect your case, but you're certainly free to attempt it.

If I were presiding over your case, I'd deny your motion.

Why?

Lack of relevance to insofar as your proceeding is concerned.

It might have relevance in an original proceeding, but its not relevant in the instant matter.

The DA's answer about perjury should offer you an insight into trial practices in your area.

I suggest you take your tongue lashing, apologize tot he court, pay the costs on your contempt proceeding, and ignore the bully.

People like him get a charge of yanking the chains on people like you.

Ignore the guy, he'll eventually waive his bifurcated tongue into the air, and slowly slither away not to be seen for months.


If you're smart, forget any constitutional issues in civil cases, it doesn't apply.

The constitution and your rights apply when the government is involved.

Governments owe us rights, and rights flow from governments to the people.

Citizens don't owe other citizens any rights, nor can any private person violate your rights.