My last remaining grandparent, my paternal grandfather, passed away in February. Two months later, while we were over there taking stuff out of his house in preparation to put it on the market to sell it, the old neighbor who has been there for decades comes over and tells us that unless we cut down some trees near the property line, that he would sue us for the damage tree roots have done to his driveway. The entire family panicked. I didn't. I've actually been involved in three lawsuits in the past couple of years, all as the plaintiff, and I won every single one. While I'm not saying that makes me a lawyer, you also don't need one for small claims court. I won two cases with a lawyer and one all by myself. At first I goggled "Can I be held liable for roots coming from a tree in my yard damaging my property" and the first link showed a website and it said no, roots are your neighbors problem. Well, after a suggestion from my mother to get a Louisiana law specific to this situation, it seems that LA does have a law that says that you ARE responsible for removal of branches and roots that go onto your neighbors property that are causing him to not "enjoy" his land. They were worried he would sue for property damage. I read that in LA, the statute of limitations in LA is 1 year from the day you notice the damage. Well, how can we possibly tell this man what day he knew about the damage and it work as "proof?" After thinking long and hard I came up with the idea....I bet google street view has a nice picture of his house. Sure enough, in 2013 we have a nice clear crisp picture of his driveway, all cracked up. That's 4 years ago. The statute of limitations has expired on property damage. He's screwed. It's sad when a neighbor for 5 decades comes up with a lawsuit threat when the family is grieving and dealing with the entire mess of the deceased grandfathers home. It's a shame.
Ah man so glad you got that picture. Sad situation handled with calm and resolve, props to you. I represented myself in three hearings recently while my family urged me to seek legal assistance and won. Glad I did and saved myself the few grand it would have cost. There are situations in which legal assistance is imperative but small claims and family matters, so long as you're competent, can articulate yourself, and have a decent case, I'd go litigant in person every time.
With a little help from resources like nolo.com you can save yourself a lot in legal fees - provided you take the time to study a little basic law. I find it embarrassing and funny in our lifetime to see people on tv doing that court tv thing and they go into court completely unprepared. Most cop and lawyer shows go over and over the basics that you have to prove a case. Documents, pictures, times, dates, places... what can you prove is the key to winning. Evidence is not what you think or someone said or what you heard. Yet watch the tv and see how many people go to court and get their collective a**es kicked. A few courses in civics so that you understand who the players are in the system, coupled with an understanding of the courts, evidence and the rules could save you thousands and thousands on all kinds of issues from insurance disputes to meddling neighbors and from bill collectors to scam artists that use the courts to harass others.
Face it. Some people are dickheads. I have only had to go to a minor court one time and had over prepared myself and had virtually little to do other than to say things were taken care of and had pictures (important) and it was dismissed.
I'll tell you a secret as a trial lawyer myself. There is nothing worse for a lawyer than going up against a person representing himself in court, because the judge and jury are naturally sympathetic to you and we look like the bad guy. When people can't afford legal representation, I normally suggest that they at least have a one hour consultation with a lawyer to be sure they understand basic procedural steps to take, if nothing else. Good on you for winning your cases on your own, and condolences to you and your family.
