Reply Wed 21 Oct, 2015 04:52 am
Can you sue someone that's on welfare for disturbing the peace from hearing noise from their clock ringing? By installing a noise recording device next to the adjoining walls.What kind of punishment will they recieve beside getting arrested? Are they able to get their hands on the person personal possesion such clothes and etc if they cant collect judgement money in court.
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Linkat
 
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Reply Wed 21 Oct, 2015 07:50 am
@Pinklovable,
I replied to your other question - but anyone can sue for anything - whether they can get anything or not is a whole different question. First off whether being on welfare or not does not matter whether you are sued - however, another person would be dumb to sue someone on welfare as they would not get any money - can't get blood out of stone.

Suing for a clock ringing is crazy. No lawyer with any brain would take on such a case. You are allowed to make reasonable noise. There would be no punishment for this sort of thing - this is not an arrestable offense.

If they do have a noise recording device if anything it could come back and bite them. For one, there would be no way for them to determine how loud your clock ringing is with a recording device unless it was very sophisicated - and logically would be too expensive for them to get for such a dumb thing. Secondingly if they end up recording you or anyone speaking without your prior approval, they could have committed a crime. In most states, it is illegal to record someone's conversation (speaking) without their prior approval.

Basically there is little they can do to you legally for such a little thing as a clock ringing. I would suggest though, as it is more pleasant for everyone if you have happy neighbors, to maybe move your clock maybe on the other side of the room not near their wall so as to minimize disturbing them.

When they next act nasty to you - saying things like they are suing you or you are going to jail because your clock is noisy. Simply ignore the threats and try to be kind - say I'm sorry it is bothering you, I moved the clock to be less a nuisance.

You are allowed to live your life and make reasonable living noise -- but if you can make small accomodations to make your neighbors' life a bit more pleasant, it could go a long way.

However, you do need to be prepared as some people just plain are not at all reasonable. Just remember you are legally allowed to live and make some level of noise. Question - do you have a landlord or super that runs the place where you live? It might be helpful if you speak with them just to see what the expectations are to noise level.
Pinklovable
 
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Reply Wed 21 Oct, 2015 06:36 pm
@Linkat,
Thank you very much for the detailed explanation. Much appreciated! Smile
It's true that "anyone can sue for anything" nowadays. I've been trying to stress that to my uncle that it's always better to stay safe than sorry because I don't like watching people take advantage of him. Everything that he did was with good intention for safety. He also has a reverse camera installed on his vehicle. Their kids keep playing ball or hide and seek on our driveway because it's usually clear while their side is full of vehicles.

My family are from North York, Ontario. To answer your question, me and my mom are renting at my uncle's semi-detached home. Are they able to touch any of our personal belongings (to sell) even if we don't have any money that they can collect?

Regarding the previous question that I asked about the car back up alarm, I think they are going to sue him for hearing lose (tinnitus) to win the lottery in the form of a lawsuit or for whatever reason that they can come up with. This is like their one in a million golden opportunity to attack us. Despite them going to work earlier than him to hear it activate on the weekdays. It's the grandma and their grandson that are home until she sends him off to school. Worst case scenario, is that I live between them and their family in-law family houes which means double the trouble (complaints) and hate received. For the past few months, I never really looked forward coming home anymore hearing people badmouthing you all day long ican be quite depressing.

My neighbor keeps threatening us that it's GAME OVER. They will take possession of my uncle house and sell/break ALL of our personal belongings that we own on the inside which defeats the purpose of installing cctv cameras on our property to prevent littering, vandalism, and damage in the first place. They want to ruin us financially and turn us homeless. I've been trying hard to ignore them and "let go" of them like my uncle always told me. We never have the intention of suing them even with their past petty revenge of picking fruits from our tree in the backyard or littering cigarettes pieces all over our driveway. He never even bother to keep any evidence against them. They got really paranoid when we installed cctv cameras in the summer which restrain their behavior/action from swearing on the outside to the point that I think that someone got desperate enough to buy a jammer to interfere with the security system. It's been a real nightmare. I can hear my neighbor voice coming through the vents on the floor in every room on the first floor. They keep saying the usual: sue, arrest, kill, sell, and break it all!

I've noticed a strange vehicle with tinted windows parked outside our house house late at night. They just sit there for hours and we see flashing lights behind the tinted windows. I suspect it's a private investigator or bylaw enforcement officer.

My family told me not to worry too much and told me I should focus on school. But this matter looks like it's getting out of control.

I've asked the same question regarding the cuckoo clock. Someone said: "This is important enough for you to go speak with a local attorney and have a full discussion. You do not want the neighbor getting a judgment against you for millions of dollars, do you?"

On the other hand, some else said: "No police officer or court will pursue any claim by your neighbor. It is too petty. Let them try. If we receive a Small Claims Court action for money, contact me."

They may use the clock as an excuse for harassment or infliction of emotional distress when they claim that they can hear it on a daily basis (hourly) to claim money per day that they are disturbed for lost of potential income or future wages and sleep. Coincidentally, their daughter in-law was pregnant. They may try to make us accountable if she has a miscarriage from hearing the noise.

Like, my family is a strong believer that the police would come over and give warnings. Since we never heard anything from the police for the past months, we truly believe we never did anything that's illegal to worry about. It's really hard to swallow the whole situation now. I think we got ourselves into a really sticky situation. How are we able to know if they already file a lawsuit against us or is it currently, pending waiting for the court date? We haven't received any letters after they threaten to sue us back in January.

Trying to convince my family to seek professional help has also been a real struggle. They think I'm over analyzing the situation too much and won't listen to me because I'm still a student. I don't want to see us become fish on a plate for them to do whatever they want.
Linkat
 
  1  
Reply Thu 22 Oct, 2015 08:42 am
@Pinklovable,
First off I am not a lawyer, just speaking from my own experience because I had trouble with a neighbor and resulting in legal action. I am in the US so our laws will be different than yours.

I highly doubt even where you are that legally they can take any of your property -that is basic stealing and they would legally be in trouble. Now if there was a lawsuit (and the case you mention is so dumb that they would not win any way even at the remote chance it did get to court) - they wouldn't take your necessities any way.

Maybe you could go down to the police station and see if an officer has a few minutes to speak to you. Explain what is going on and you are worried and trying to accomodate your neighbors while maintaining appropriate safety with the back up alarm on the truck. They would most likely let you know in a nice way - that your neighbors are a$$holes and they cannot legally do anything (which is what I suspect).

Another avenue - see if there is free legal service - sometimes law students or other lawyers will offer free legal advice to low income people. Seeing you are a student it is unlikely you have alot of spare cash. Do a quick google search for your area and see if there is anything like that offered.
My husband was able to get some advice going this route - he was able to meet with a retired small business owner to get some small business advice about opening a business.
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