Got a stalker/neighborhood terrorist and no help from the cops - what to do?

[Cleveland Metal]

Your buddy is charging you $2k+ in fees? That doesn't sound right. Also, making you pay to install a fence to keep the other guy out doesn't sound right either. He should pay for it, since if he wasn't there you wouldn't need to install it.

Maybe not a "Buddy fee", but with lawyers in Kali prolly pulling down 300-500 an hour...Don't take much to get to 2k.

In a perfect world, bad guy would have to pay for the fence... Shame our world is all fucked up, haha...

Yeah Joel, there is major issues with the mentally ill. They can't be made to take meds. They can just be locked up when they derail and shit happens... And they REALLY try to not do "that" even. And what really is sad, is that so many DD types were just dumped in the streets over the last couple decades. Can't keep em in jail, can't afford to put them in homes.

It's even hard to convict or keep em in jail when they're finally convicted.

We actually had a DD violently carjack someone with their family in the car (Agg. Robbery, several counts kidnapping). When they finally got him, they immediately pled him out much lower as he had AIDs and the prosecutor told my friend (the arresting officer) that they really didn't want to incur his AIDs healthcare costs by keeping his ass. So, they made concessions to release him Nice huh?

[missionguitars1]

Your buddy is charging you $2k+ in fees? That doesn't sound right. Also, making you pay to install a fence to keep the other guy out doesn't sound right either. He should pay for it, since if he wasn't there you wouldn't need to install it.

Well, it's for me AND my neighbor, and he carries a pretty big stick around town, so that's about what I'm prepped for the bill to be. For all I know, he might cut me a deal, but $2K is worst-case scenario. There was NO WAY I was going to hire Mr. 1-800-DUI-DRUG out of the yellow pages - I really needed to squash this guy pronto.

As for going after the guy for cost/fees, that's in the plans, but I need to confer with my attorney first before I proceed. Small claims may be in my future...

As for nutcases having free-pass because we feel sorry for them, I agree whole-heartedly. To be honest, if he pulled this stunt in another part of town, he'd be dead already. What does it solve to let these guys run around as a danger to society, as well as to the general public? To generate legal fees????

[Cleveland Metal]

Nah, I think that it saves the CITY legal costs as do-gooder ACLU types would go after the city every chances they got saying they were violating the civil rights of the DD (Developmentally Disabled) types.

[lerxstcat]

Well, it's for me AND my neighbor, and he carries a pretty big stick around town, so that's about what I'm prepped for the bill to be. For all I know, he might cut me a deal, but $2K is worst-case scenario. There was NO WAY I was going to hire Mr. 1-800-DUI-DRUG out of the yellow pages - I really needed to squash this guy pronto.

As for going after the guy for cost/fees, that's in the plans, but I need to confer with my attorney first before I proceed. Small claims may be in my future...

As for nutcases having free-pass because we feel sorry for them, I agree whole-heartedly. To be honest, if he pulled this stunt in another part of town, he'd be dead already. What does it solve to let these guys run around as a danger to society, as well as to the general public? To generate legal fees????

Small claims court limits are $5,000 in California, or were in 2002 when I left, so you might recover there. Neither party can have an attorney in Cali's small claims though AFAIK. You and the nut's parents will each have to represent yourselves.

Assuming you win, you will have to enforce payment yourself. The judge will not actually make them pay or do anything to them if they doin't. You can put a lien on their house, or their car. You can hire a marshal to come out and install a Denver Boot on their car. If they want their car mobile again, they have to pay you first. So find out the current expenses for tracking down this info and add that in to your requested judgment.

I assume that you're going after the parents as the responsible parties? They are responsible for him being there, and are the ones who own property and have money you can get. They're the ones you'll have to sue, I believe.

[missionguitars1]

Small claims court limits are $5,000 in California, or were in 2002 when I left, so you might recover there. Neither party can have an attorney in Cali's small claims though AFAIK. You and the nut's parents will each have to represent yourselves.

Assuming you win, you will have to enforce payment yourself. The judge will not actually make them pay or do anything to them if they doin't. You can put a lien on their house, or their car. You can hire a marshal to come out and install a Denver Boot on their car. If they want their car mobile again, they have to pay you first. So find out the current expenses for tracking down this info and add that in to your requested judgment.

I assume that you're going after the parents as the responsible parties? They are responsible for him being there, and are the ones who own property and have money you can get. They're the ones you'll have to sue, I believe.

No worries on getting after him in Small Claims - I was a controller at a small office supply firm right after college, and have experience tracking down every dirtbag in Scam Diego, very familiar with asset search, etc...

Gotta see what my buddy's gonna charge me, if it isn't as bad as I expect, I'll prolly just drop it and go about my life once I get the fence in (poles are done, just need to stretch the chain link this weekend). Spending a couple grand in time to get my $1000 back prolly isn't worth it...

And yeah, while I'm happy I'm tight with a lawyer, most of the ones out there seem to be hell-bent on protecting those that, while, they need help, seem to reach "special entitlement"-status and become untouchable after a while!

[lerxstcat]

Well, look at it this way: the more you cost his parents due to the consequences of his actions, the more apt they are to find a nice nuthouse to lock him up in if they have the resources to do that. If he's dangerously ill, then eventually either he is going to really harm somebody, or somebody is going to harm him protecting themselves. It's tough for a parent to deal with that, but it's cold reality. They are either going to deal with that, or take criminal and/or financial responsibility for hiding their heads in the sand about it. Not that you have to be the one to drive that point home with them.

Glad to hear the gun is in the house now too. Teach your wife how to use one and maybe get her her own gun, like one of those Lady Smith & Wessons, I forget the actual name but the light .38 revolver. Teaching her and the kids about firearms will take the danger out of firearms being present. When you respect them and what they can do, that neutralizes the danger of someone playing around.

[RacerX]

I think it's Ladysmith, Rich!

[phill_up]

Teaching her and the kids about firearms will take the danger out of firearms being present. When you respect them and what they can do, that neutralizes the danger of someone playing around.

Damn you said that good. We had guns the whole time growing up and they were in plain sight, I saw them everyday. We knew what they were and the consequences that went along with them.

[UFORocks]

I grew up with guns in the house as well, and I learned to shoot when I was about 10. I haven't owned a gun in at least 10 years, but I've been thinking about getting one. My wife is against it, but she was raised with the "guns are evil, fear them" mentality.

-Steve

[missionguitars1]

Teach your wife how to use one and maybe get her her own gun, like one of those Lady Smith & Wessons, I forget the actual name but the light .38 revolver.

I prefer the Lady AR-15! :ROTF:

Ok, ok - not happening, but she's still hanging onto the pepper spray. Also, haven't seen the guy around his back yard over the last week. I think my lawyer really made him sh*t a brick...

Done with all the posts across my hill, just have to stretch the chain link fence next Sunday...if I'm not too messed up from NAMM!

[scott.court]

Reading through this thread really does amaze me. If this guy is such an a**hole and cannot remember to "take his meds" then he should be sectioned and kept in a hospital to ensure he DOES take them.

At least in the US you're able to retaliate somewhat. Here in the UK if you so much as threatened him, regardless of whether he was trespassing or not, the cops would put an order on you! I recall a guy getting shot by an old dude for routing through his shed and tryin to steal his lawn mower, and the old guy got jailed for it, PLUS the burglar sued the old guy for loss of earnings.....basically he was injured and could no longer make a living from stealing! Make you wonder huh?!

[Cleveland Metal]

Really depends on the state as to how far you can retaliate in these situations.

Many states here in the US, you'd also be charged for shooting someone in your shed/garage. You could of course threaten him and chase him out. Those states, you have to be in you home and prove you were in life threatening danger in order to have a legal shoot.

We have a new "Castle Law/Doctrine" that many states are adopting tho that allows you to defend you property now tho. Someone breaks in, no questions about shooting them. If you are on your property of in your car, you have no duty to flee as you basically did in the past. You can now defend yourself. This is a great thing.

[Endrik]

I want psychos and thieves to my home, my 130lbs puppy is hungry

[scott.court]

......We have a new "Castle Law/Doctrine" that many states are adopting tho that allows you to defend you property now tho. Someone breaks in, no questions about shooting them. If you are on your property of in your car, you have no duty to flee as you basically did in the past. You can now defend yourself. This is a great thing.

+1 on that score. I think the law really needs to change to reflect the nutters of today, not the nutters of yesteryear

[Cleveland Metal]

I don't think those laws where your duty was to flee and not engage were ok even in yesteryear, haha...

I spose in the old days, maybe that someone creeping in your house was your neighbor needing a cup of sugar tho, haha..