I have a neighbor that has been harassing me since i bought my house 4 years ago. Calling game wardens, police and yelling, She's harassed me enough a judge granted both my wife and I a protection order. She is known by many in this area as a trouble maker, alcoholic, meth user and more than likely a meth manufacturing and a dealer. She has pulled peoples gates off their fences as well as destroyed other kinds of property. All you have to do is mention her name and you will get an immediate negative response. I"m sure you get the idea. In January of 2014 I was burning leaves on the property line. I put the fire out. In fact the ground and leaves were soaked. I went to bed. I got up several times and looked outside. There was no smoke and no fire. 4 hours later my dogs were barking and I looked outside and the woods were on fire. The fire dept put the fire out and asked me if I was burning leaves and I said yes but it doesn't make sense because I put the fire out with a garden hose. I was not cited for the fire. It is in the fire report I stated I was burning leaves but it also states I said I put them out with a garden hose. My neighbor across the road told me he saw her out that evening before the fire around where the fire started with a flashlight and is willing to testify to that fact. The fire report states there is minor damage to the bottom of three sheds and well house. (The well house was plywood leaning on the actual well) At the time I did not have insurance. 6 months later after the fire the neighbors father past away and she filed a civil lawsuit. Since then her attorney has strung out the case by filing multiple motions for continuence waiting on her to open an estate I'm assuming to legally be able to file a claim on the property. It is now 15 months since the fire, 8 months since her filing the lawsuit. Her lawyer filed a motion for leave today. My questions are this. 1.) I believe she took advantage of me burning leaves and restarted the fire after I went to bed. (She can see from her house if my lights are off at mine) What danger am I in of her winning this case? 2.) What is a "motion for leave"? 3.) Do I have any grounds to counter sue for money lost on lawyers etc.? 4.) She has harassed me since I moved here. Verbally, calling game wardens and police. I feel this lawsuit is another form of harassment. Can I legally do anything about it?
Answer
If you have not already done so, you should consult directly with a civil practice attorney, in your area. It would be nearly impossible for an attorney here to decide your likelihood of liability, based just upon the few facts you were able to provide here. You might be able to file a counterclaim, but you will have to seek leave yourself. Seeking leave is basically asking the Court to allow one to do something that they might not otherwise. Often this is because the time to do that thing has expired.
Good luck
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