Won Judgement then robbed by the losers.

[Caskar]

For six years we let our neighbor use our back field for their horses. Five acres, no charge. Half the field was already fenced and they closed off the other half with snow fence. After two years they removed our fence and shrubs without permission and replaced it with post and rail fence. They showed an interest in buying the field when they could afford it. Ok sounds good, in the meantime we let them use it free because we didn't use it. After 5 years we got tired and gave them the option to buy it or we wanted the use of our field back. They didn't have the money so we took the snow fence down. The remaining fence we left.
Dispute begins: They want their post and rail fence back and we say it's ours since they removed ours without permission years ago. They filed a civil lawsuit for the cost 42 posts they installed. (They removed the rails before we caught them removing the fence.) We countered for the cost of our fence they took down. We won the judgement. Three days later the fence was gone. Now how do we proceed? I called the police and they said go back to the District Court. I went back to the judge and she said she wasn't sure how to handle it and said maybe we should appeal the judgement. That makes no sense to me because agree with the judgement. Should we file another claim for the cost of the stolen fence posts? The only missing posts are the 42 that they sued us for in the first place so I know who took them. Help!!!

 

[presutin]

Should we file another claim for the cost of the stolen fence posts? The only missing posts are the 42 that they sued us for in the first place so I know who took them

That is exaclty right. Now, keep in mind you must have proof that they did it or you don't have a solid case here. Just speculation will not help you. I must confess that I don't get the fact that you did not file a police report after you saw what happened. Calling the police is one thing, filing a report is a completely different thing.

 

[Caskar]

Thanks so much for your response.

When I went back to the local District Court to file again, the judge said "NO". She would not let me file and said I have to appeal the decision. I don't understand. When I called the police they told me to go back to District Court. No one wants to deal with this. The judge also said I had to file the appeal at the county level. What do I do now?

 

[presutin]

Caskar - Appealing comes with a chance of reversing everything. Have a sit down with an attorney to see what other options you have in your state regarding the case. I can't imagine why the police didn't want to write the report. I believe the judge and police decided to work together because you have recovered your property.