When I start harassing you, I'll be wearing a mask so you have no proof it's me.
at what point does it become harrassment?
- Thread starter lovebunny
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- mcgirk a lawyer? lol
oh hey dirt, give us some more details on the tape. I'm assuming it was done stealth. Was it something done before this all happened that you tucked away as uh, "insurance"? Or was it made after he started fvcking with you? Or after the summons?
Hell, this was five years ago. Not even sure where that tape is now. I'd guess somewhere in my files, but I haven't even thought about it since then.
I knew something was off after about six months at this place. My dogs are the best security system I've ever had, so when they bark I would haul ass. I'd never see anyone out there when I'd run out, but I had faith in my dogs.
So finally I set up a video camera on motion activation. First couple of times I didn't get anything, thought the boys were finally just becoming yippie little crotch sniffers. Bout the fifth or sixth day I finally saw him popping over the fence, throwing rocks and stuff at my dogs, and then within the hour the animal control people would show up.
He ended up getting the neighbor between us and him evicted doing the same thing. We went in and told the judge what we knew, but their management company didn't care. Thankfully our landlord was cool and gave me some time to work it out.
I took the tape in front of the judge/animal control supervisor (you can insist that they show up as the ranking person in a summons) and explained that what he was doing was harassment, animal cruelty, trespassing and that he was seeking a block without renters on it. Once they worked out that it was actually daravation of process and that if the court condoned his behavior that they would have no legal protection from a lawsuit filed on our part, they threw out the case.
Then I filed a civil suit, and began seeking criminal charges. Once I filed the suit for the amount above, he pooped his pants, knowing full well that I would get at least half, and his attorney offered a settlement.
The best part was his attorney trying to rationalize the whole thing. "He's not all there, you have to understand, and as such he thinks he's the king of your block." I told his lawyer if his client, now that I knew he was a mental defect, ever set foot on my property or attempted contact with us or attempted to hurt my animal again that I would defend myself as far as the law allowed in the state of South Carolina.
He was gone the day after we signed.
I knew something was off after about six months at this place. My dogs are the best security system I've ever had, so when they bark I would haul ass. I'd never see anyone out there when I'd run out, but I had faith in my dogs.
So finally I set up a video camera on motion activation. First couple of times I didn't get anything, thought the boys were finally just becoming yippie little crotch sniffers. Bout the fifth or sixth day I finally saw him popping over the fence, throwing rocks and stuff at my dogs, and then within the hour the animal control people would show up.
He ended up getting the neighbor between us and him evicted doing the same thing. We went in and told the judge what we knew, but their management company didn't care. Thankfully our landlord was cool and gave me some time to work it out.
I took the tape in front of the judge/animal control supervisor (you can insist that they show up as the ranking person in a summons) and explained that what he was doing was harassment, animal cruelty, trespassing and that he was seeking a block without renters on it. Once they worked out that it was actually daravation of process and that if the court condoned his behavior that they would have no legal protection from a lawsuit filed on our part, they threw out the case.
Then I filed a civil suit, and began seeking criminal charges. Once I filed the suit for the amount above, he pooped his pants, knowing full well that I would get at least half, and his attorney offered a settlement.
The best part was his attorney trying to rationalize the whole thing. "He's not all there, you have to understand, and as such he thinks he's the king of your block." I told his lawyer if his client, now that I knew he was a mental defect, ever set foot on my property or attempted contact with us or attempted to hurt my animal again that I would defend myself as far as the law allowed in the state of South Carolina.
He was gone the day after we signed.
I am now glad I have dirt's phone number in case I ever need legal advice.
Isn't it funny - for some reason that I can't fathom, I always forget that Dirt is a lawyer.
I keep both my dogs inside. 45 lbs and 55 lbs respectively. (BTW that's not large, it's medium.) In fact I would not dream of leaving them outside. The female is a prissy bitch and has a special bark when she wishes to be let back in to lounge on her couch. The male is a big ****ing cry baby who literally cries if he has been away from us too long (part husky). Leaving a dog outside doesn't count as excercise.
I've had animal control called on me at my old apartment. My dog used to not want to come in and if you tried to pull him up the stairs (usually to prevent him from eating his own poo or another dogs), he would yelp and scream insanely. He sounded tortured and brutalized, but I would be pulling him along with his butt dragging the ground on a leash and nylon (non-choke) collar.
He would literally sound like a dog that had a pit bull strapped to his throat. Biggest wuss ever and a drama queen. A few RM members have ridden with me and met him. Sweet dog. Insane. But an idiot.
Animal control came to the house b/c I was turned in for "beating" my dog. I had to bring him to their offices and have a counseling session. They meet me at the truck and he's goofy and trying to get out. The lady chastises me with this "Even a beaten dog will worship their master" stuff. I then said "OK. Try to take him in your office on the leash."
Charges were dropped when she got him to the door and gave his leash back. I think she was worried about getting fired for beating him.
If your dog lives the good life, post a pic of te back yard layout. Or sit in the back with night vision goggles and the lights out.....and wait.
He would literally sound like a dog that had a pit bull strapped to his throat. Biggest wuss ever and a drama queen. A few RM members have ridden with me and met him. Sweet dog. Insane. But an idiot.
Animal control came to the house b/c I was turned in for "beating" my dog. I had to bring him to their offices and have a counseling session. They meet me at the truck and he's goofy and trying to get out. The lady chastises me with this "Even a beaten dog will worship their master" stuff. I then said "OK. Try to take him in your office on the leash."
Charges were dropped when she got him to the door and gave his leash back. I think she was worried about getting fired for beating him.
If your dog lives the good life, post a pic of te back yard layout. Or sit in the back with night vision goggles and the lights out.....and wait.
burn your neighbors house down.
Maybe it's because he's such a retard?
So is your dog barking it's ****ing head off all day?
That's my guess.
Harassment, animal cruelty, intentional infliction of emotional distress, trespassing, criminal trespassing, falsified reports and misrepresentation of material facts in a criminal matter are all pretty serious civil, and some criminal, infractions.
His throwing rocks and bottles on tape at my dogs with time stamps that corresponded directly to when the calls to animal control proved his mens rea in this matter. The Actus Reus was him actually throwing things at the animals with the intent to do harm and as such illicit the barking reaction.
Then again, this guy was a nut job. But, he agreed to settle out of court, which is all I wanted.
IMO its the half pipe that is causing the issue and not the dog. Chances are they can't complain about the noise from the ramp unless its after 11 pm but the dog is free game. My neighbors complained about my ramp every month, especially when I forgot to turn the lights off after a late night session. It lit up the entire back yard of one neighbors house and lighted the inside of anothers. The noise from a ramp really carries and its much louder than you think.
what did animal control say when they came to your house and looked around
also, how many times can this person call animal control before animal control tells them to fuk off
also, is this person complaining about your dog barking
Because he looks and acts like a methhead? Not to say methheads cannot be good lawyers...
No, dirt is a dirtbag. All lawyers are dirtbags but not all dirtbags are lawyers. Most lawyers you have to talk to to find out they are dirtbags. With Dirt it is just obvious with dirt from about 150 yards away, 300 if the wind is blowing in the right direction. You have to talk to him to find out he is a lawyer
i know you have to be quite between like 10pm-6am, but you cant be as loud as you want at other times, right?
yet not so easy when you have a broken femur and walk with a cane. and its against my lease agreement to bring him inside. answering your last post. no there is nothing wrong with how my dog is. he has a kennel under a HALFPIPE. i dont know how big your dogs house is but last time i checked a halfpipe and kennel are more than sufficient. and no i dont tie up my dog. 1st its illegal to tie them up for more than 3 hours in california and 2nd, why would i tie him up? he has a whole back yard to roam around in. i was talking to my roommate and i guess there was a neighbor that he doesnt get along with for the past year or so, so im guessing thats what it is. considering ive been living here for 6 months i dont see why they would start calling now.
Sorry Dirt but you've red lined my Bull **** meter.
Regardless, you are where not entitled to compensatory damages over and above any actual damages that may have occurred. While I don't dispute that your story may have happened as you described - the results of your litigation are not believable. I can see a cease and desist order, a hefty fine for animal cruelty, minor fine for trespass or possibly all charges dropped due to mental illness and inability to stand trial.
You civil case is total BS - give me the state, county, date of filing so I can do an internet search.
Regardless, you are where not entitled to compensatory damages over and above any actual damages that may have occurred. While I don't dispute that your story may have happened as you described - the results of your litigation are not believable. I can see a cease and desist order, a hefty fine for animal cruelty, minor fine for trespass or possibly all charges dropped due to mental illness and inability to stand trial.
You civil case is total BS - give me the state, county, date of filing so I can do an internet search.
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this isnt about barking. my dog hardly ever barks.(unless an orange falls out of the tree and he starts chasing around the yard). i have been on disability for the last 3 months so i would know if my dog was barking or anything. the complaint was for him not having shelter. so when they come out and see a well sheltered area with plenty of water and food then they are stoked and leave.
Not really, if I am reading this right.
There's the idea of nuisance, which gives your neighbors the right to peacefully enjoy their property at all time. So in the case of a ramp, if you're out there with all of your buddies, and you've got music on, people are whooping it up over the whole thing, you've created a nuisance.
Now if your neighbors were really cunty, they could go after your landlord, or at a minimum they could write a rather nasty lawyer letter to your landlord stating an intent to sue unless there is a mitigation of the noise and shenanigans at your house. At that point, your landlord could ask you to remove the ramp, give you a certain number of days to manage to do so in, and if you resist they can evict you over the idea of peaceable enjoyment.
The way this shakes down is that you have all the rights in the world, as long as they don't impact those around you. You have sovereign right over all the land you lease, but for the direction of the true owner. So if they tell you that its gotta go, its going to stick in court too.
For a little more education on this, as I am pretty sure its standard in 99% of the leases to have a quite enjoyment clause stipulated therein, read this.
My boxer is hyper as eff. He's about 60 pounds. Doggie doors work wonders. If he wants to go out and sleep outside, he can whenever he wants.
He chooses to sleep in his bed on the floor beside me.
It depends on were you live. The city I Moved from a year ago.... that was retty much the case... 7am to 11pm...... be as oud as you want, seriously didnt matter period, unless its coming from car audio, there was no law against it, BUT.... I fyou dogs bark for more than a half hour at a time, reguardless as to why.... you can get up to a 1500 dollar fine for disturbance of the peace.
Now were I live, if you can be heard from 200 yards... reguardless of the time, you stand guilty for disturbance of the peace, not sure what the citation amount is here though. Dogs here..... can pretty much be let to bark as much as they feel the need though, untill after ten, then they must be kept quite. Sucks when a bunch of your neighbors have yippie little ****s that just wont shut up.....
TJ, My guess ona ll this, they are downwind and like to leave their windows open. Thats usually the biggest reason people complain to HS or AC.
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ahh one point i forgot to mention. the ramp hasnt been used in 4 months because the masonite is cracking and we dont have the funds(til now
) to fix it. but when it was functioning we never once got a complaint about it. i think its just because of the rainstorm. i think they think the dog doesnt have shelter. im really not as worried about it anymore because i think they got the idea.
) to fix it. but when it was functioning we never once got a complaint about it. i think its just because of the rainstorm. i think they think the dog doesnt have shelter. im really not as worried about it anymore because i think they got the idea.
You been flinging his **** at their window???ahh one point i forgot to mention. the ramp hasnt been used in 4 months because the masonite is cracking and we dont have the funds(til now
not yet but that is an absolutely novel idea!
Sorry Dirt but you've red lined my Bull **** meter.
...QUOTE]
Keep in mind, I know two very intelligent attorneys. One was very successful in the bike industry and currently lives with a gay guy and a chic, both of whom he'd never met until recently and does what he wants when he wants to.
The other has his own internet TV show, does gaming reviews and sometimes is on regional morning shows in Cali...for the same.
Just because someone's not sporting the pinstripes, loafers and leather seating, doesn't mean they don't actually have a law degree. So, Dirt may well have the degree, but whether that came with a filter for his mouth? Not sure.
You are where? huh?
Keep in mind, they settled out of court. Therefore, the terms could have been whatever dirt McG wanted (within reason obviously) as they were not determined by a judge or the judicial/legal system. He wanted the a-hole to move, and he got it. HAD the case gone to court, you're right, it probably would have been a cease and desist (maybe a restraining order) and the fines, and possibly some additional financial compensation. The whole mental illness aspect is up for debate (and you have to be pretty far out in left field to be declared unfit to stand trial - I'm talking pretty much completely checked out from reality), and very well could have just been a ploy by the "nutjob" and his lawyer to get Dirt to back down. The hundred grand that dirt sued for was more of a sticker shock to force him to settle out of court, because he knew he didn't stand a chance if it went before a judge.
Smash! Damn, my glass house needs fixing!
Trust me, the idea of me having a JD and a Bar license keeps me awake more than it keeps all of you awake. The concept of me being a responsible citizen really messes with me.
You're right, I only would have gotten a very bare minimum if that had ever gone to court. However, the guy didn't want it getting out that he was a whack job who harassed two little dogs that everyone else thought were the most mellow dogs in the neighborhood. His view was that it was HIS neighborhood, and once someone came calling with proof of just how out in la la land he was, he took the settlement offer his attorney told him to take, which for the record involved $0, just actions on his part.
Sometimes you have to scare the crap out of the other side with a big sticker shock hit, and then enough law suits behind it to justify the entire thing. I might have pulled a big number out of my magic hat for the IIED suit, as it really did do a number on my wife for a long time, but that's a crap shoot in court.
You're right, I only would have gotten a very bare minimum if that had ever gone to court. However, the guy didn't want it getting out that he was a whack job who harassed two little dogs that everyone else thought were the most mellow dogs in the neighborhood. His view was that it was HIS neighborhood, and once someone came calling with proof of just how out in la la land he was, he took the settlement offer his attorney told him to take, which for the record involved $0, just actions on his part.
Sometimes you have to scare the crap out of the other side with a big sticker shock hit, and then enough law suits behind it to justify the entire thing. I might have pulled a big number out of my magic hat for the IIED suit, as it really did do a number on my wife for a long time, but that's a crap shoot in court.
Yeah, maybe it was, but it was still a case, he had video of the happening. He had someone attacking his dogs unprovoked...... remember in the Mooshuu thread about him getting into a fight I listed it was all about how an attorney spins the story............. Remember civil court again is all about getting to the jury's personal feelings, what is being said doesnt have to be true, you just need half, read it Majority rule, to agree with what you belive to win.....Sorry Dirt but you've red lined my Bull **** meter.
Regardless, you are were not entitled to compensatory damages over and above any actual damages that may have occurred. While I don't dispute that your story may have happened as you described - the results of your litigation are not believable. I can see a cease and desist order, a hefty fine for animal cruelty, minor fine for trespass or possibly all charges dropped due to mental illness and inability to stand trial.
You civil case is total BS - give me the state, county, date of filing so I can do an internet search.
Ok, I get it.
I once fired a 35 year man who'd just passed the BAR in Washington State for referring to a Filipino coworker as "Shooter" - going so far as to point at him and make shooting noises, the young man he was aiming at was 18 or 19.
Even though I couldn't do it - it doesn't take genius to pass a bar exam.
I once fired a 35 year man who'd just passed the BAR in Washington State for referring to a Filipino coworker as "Shooter" - going so far as to point at him and make shooting noises, the young man he was aiming at was 18 or 19.
Even though I couldn't do it - it doesn't take genius to pass a bar exam.
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Dude, if it took a genius to pass the bar exam I'd be waiting tables at Red Robin right now.
At the end of the day you have to know a lot, but it kind of finds a system once you know what you're doing.
Its just a job, it kinda pays my bills, and it keeps me riding bikes and trying to hook up with women 10 years my junior. If I was a brain surgeon, maybe I could justify thinking I was more than a glorified pencil jockey, but really all I do is write things and people give me money.
Now a circus clown, on the other hand...
At the end of the day you have to know a lot, but it kind of finds a system once you know what you're doing.
Its just a job, it kinda pays my bills, and it keeps me riding bikes and trying to hook up with women 10 years my junior. If I was a brain surgeon, maybe I could justify thinking I was more than a glorified pencil jockey, but really all I do is write things and people give me money.
Now a circus clown, on the other hand...
haha wtf?
Some one call me ?