Zoff, don’t know about your state, but affidavits and letters mean zilch in a small claims case here…plus they are heresay…
they–letters
I don’t have any Small Claims experience, but in Virginia (where OpalCat would be suing), the Small Claims Court operates under a relaxed standard of evidence. The Small Claims Court page says:
So an affidavit just might work. But, of course, there are no guarantees.
Hi Everybody
Virginia has a General District Court. This is the court that has jurisdiction for claims under a certain sum. The last time I checked this it was for approximately $3000.
What Opal would have to do is obtain a civil warrant from the clerk of the court, which in her case is in Fairfax County. This document is a fill in the blank form, at least it was the last time I had anything to do with the system. The warrant will state what the return date is.
The sheriff will serve the other party and they will then have to show up.
My personal opinion is that this really is not worth going to court over. It will take up a lot your time and you may not win. My experience here in Virginia is that it all depends on the judge who has a great deal of discretion in deciding what evidence he or she wishes to consider.
That being said, have you called the police? What your neighbor did might meet the requirement for larceny or some Virginia specific crime.
Good Luck
Oh and the usual disclaimer. IANAL, please seek legal counsel etc.
Thank you to everyone who has responded. I’m still deciding what to do. This is complicated 
Opal, there are things in life worth the fight and then there are things in life that aren’t. If he threatened you or your child or damaged your property in some way, then hell, yes, fight it. But it’s not an open and shut case where you have clear evidence against him and he sounds like the type of guy who is just itching to escalate this thing to an all-out war. If you take any action, I suspect that next thing you know, Children’s Protective Services will be banging on your door, saying an “anonymous” caller said he saw you backhanding your kid. Or the cops will come and say someone reported that you and hubby were smoking dope on the back porch.
You’ve got to consider your opponent when contemplating whether to take on a fight. And this dude sounds like he’s willing to expend a lot of energy to cause you a headache. He sounds like trouble to me.
Since he’s moving, my advice is to take the higher ground and pretend he simply doesn’t exist anymore.
California Lawyer chipping in his 2c…
Gotta go with the faction that says just get on with your life. $75 ain’t chump, but it’s likely, after you figure in the hassle of your day in court, possible lost wages, and whatnot, against the likelihood of winning, it’s likely that you won’t come out much ahead, if at all.
Pretty much ditto what PunditLisa said…there are lots of ways that a dirty player can make your life unpleasant without much recourse. As my colleagues at the DA’s office used to say, “Never mind what you KNOW, it’s what you can PROVE that’s important.”
Best to take with you the fact that they’re moving away, and see what you can do to enjoy the company of the new neighbors…
FWIW,
-Redhawke
- litigation is too unpleasant to spend your valuable energy on it - especially over $75. Concentrate your amazing energies towards the forces of goodness and light, rather than evil, darness, and all things lawerly. (And yes, I can say that because IAAL.)
- there are no guarantees. You could be absolutely right, put a lot of yourself into your case, and then end up without satisfaction.
- there is no number three. Oh yes there is - hi Opal!
- even if you get a judgment, you have to collect - which is not guaranteed.
- possible mindfuck - consider the $75 a small price to pay to rid the neighborhood of these assholes. Sure it is not true or right, but it might be a pleasant filter to view things through.
- sorry to hear is so tight. Maybe you could host a dopefest/fundraiser? Folk in the neighborhood could contribute the they were planning on paying for SDMB.
My vote goes to PunditLisa. Unless you are ready to get into a pissing match with the neighbors, leave it be. You say they’re moving, I say “good riddance to bad rubbish”.
This is all too true. OPal, its really not worth the hassle.
I wouldn’t send letters or bother them…just wait them out. they will leave. See the problem is, if you do all that, they could easily turn tables on you and sue you for harrasment.
And as for the phone, even if you did get a record of it coming from their house, you can’t prove they called. They could blame it on a son’s friend etc etc.
It really sucks that this happened to you but I think it’s best to let it go.
Karma will get those jerks! Just you wait and see!