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  • for sale ??

    This is my first post on this forum (other than in the meet and great), I hope this does not come off the wrong way and I get some good replies.

    My Family and I are moving out of our home to get away from a really bad neighbor. I continuously get harassed and threatened by this one guy, I call the police but they tell me the actions are not illegal, annoying yes, but not illegal. The police said the threats he makes against me are not clear enough for an arrest to be made. The other day he flipped the bird to my wife as she went to her car.

    Instead of hiring an attorney and have them send out Cease and Desist letter's, or spend the time and money in court, we have decided to let someone else deal with this nut, so we are moving out.

    I am so tired and afraid of this person that I am willing to move out before we sell it, just so my family and I can feel safe and comfortable in our own home.

    I have a 70 lb dog and do not have a lock box on my door (I do now), when a agent shows the place they call me when they get in the subdivision, we then take the dog out for a walk or a ride around the block and leave the door unlocked.

    The other day I got a showing call from someone claiming to be a sales agent with an off name agency, I explained the dog and lock box situation with them, they agree to call me when they get in the subdivision.

    I get a call a few hour later letting me know they are in the subdivision and know I will be the second showing giving me enough time to get out.

    I had a gut feeling this showing was not on the up and up, so the wife and I decided to walked out the back and circled back to the front, as we are on the walk we see this nut job entering my home.


    Is there any legal action I can take against him for this?

    He had no intention on buying anything, he was only here to snoop. I never did see a sales agent with him and they did not leave a card.
    "ExComptonCop X 1000 - buh-bye (but we all really know you'll be back to get the last word in...they always do) ".

  • #2
    Much will depend on the laws of your state, and what type action, you wish to take in accordance with them. Trespassing is a possibility. Burglary would be a "stretch", and once more, would depend on your state's law. If you're sucessful in selling the property, the problem will have taken care of itself.

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    • #3
      You could send him a certified letter telling him that if you find him on your property you will have him arrested for trespassing. Keep a copy for yourself and all of the paper work from the post office. This might make things worse for you though. You should be prepared for this.

      Comment


      • #4
        Originally posted by PhilipCal View Post
        Much will depend on the laws of your state, and what type action, you wish to take in accordance with them. Trespassing is a possibility. Burglary would be a "stretch", and once more, would depend on your state's law. If you're sucessful in selling the property, the problem will have taken care of itself.
        I was not sure what I could have him arrested for, I was thinking it was trespassing. I am not saying he took anything, not my style.

        I am not the type of person that likes to run from their problems, but this guy is really out of control.

        He does not have a dog, but yet no matter what time of day or night we walk the dog, he happens to be on a walk as well.

        I was going to have the backyard fenced in last week but the co rescheduled do to the bad weather. Now with all the rain we had we had I now have a large pool / pond. Once the water clears out we will fence it in.

        I did not want to call my department again over this guy without asking this question first.


        Originally posted by sigcopper View Post
        You could send him a certified letter telling him that if you find him on your property you will have him arrested for trespassing. Keep a copy for yourself and all of the paper work from the post office. This might make things worse for you though. You should be prepared for this.
        That sounds like a good idea, is that something I can write myself or is that something I should use an attorney for? I am referring to the weight of the letter, would it be more powerful from an attorney ?
        "ExComptonCop X 1000 - buh-bye (but we all really know you'll be back to get the last word in...they always do) ".

        Comment


        • #5
          Originally posted by alpha24 View Post
          I had a gut feeling this showing was not on the up and up, so the wife and I decided to walked out the back and circled back to the front, as we are on the walk we see this nut job entering my home.

          Is there any legal action I can take against him for this?

          He had no intention on buying anything, he was only here to snoop. I never did see a sales agent with him and they did not leave a card.
          Better get an answer from a GA officer - if you look further down the main forums page, you'll see state forums. What you're describing stinks, really bad.
          "You're never fully dressed without a smile."

          Pain is inevitable, suffering is optional.

          Three things I know for sure: (1) No bad deed goes unrewarded, (2) No good deed goes unpunished, and (3) It is entirely possible to push the most devoted, loyal and caring person beyond the point where they no longer give a 5h!t.

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          • #6
            Restraining order?
            "What the problem is?"

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            • #7
              Originally posted by Kieth M. View Post
              Better get an answer from a GA officer - if you look further down the main forums page, you'll see state forums. What you're describing stinks, really bad.
              I am going to stop by the department before I go to work.


              Originally posted by Red Swan View Post
              Restraining order?
              That sounds like a good idea, I wounder if that would apply to this situation.

              I thought things like that only applied to to domestic cases ??


              This nut carries a gun every place he goes and has no problems telling anyone that at anytime.

              My wife and I have applied for our Georgia concealed weapons permit, when we get them back we are going to buy firearms for our protection.
              Last edited by alpha24; 09-24-2009, 10:06 AM.
              "ExComptonCop X 1000 - buh-bye (but we all really know you'll be back to get the last word in...they always do) ".

              Comment


              • #8
                A restraining order may be a possibility...but the judge won't just issue with out good cause. Hopefully you are documenting everything by taking notes, pictures, etc??!!

                Educate yourself on local stalking laws...you didn't give many details of exactly what this guy is doing and how long it's been going on, but it might fall withing the elements of a stalking section, an annoyance section, or a threats section. If it's borderline, insist the officer take a report to cover yourself...then the detectives can do some more investigation.
                Walking the line...all give some...some give all!

                Comment


                • #9
                  I don’t know how to try and explain it all. It would be a long, long, long post if I did, so I will just a few high lights of the past.

                  I don’t know how or why it came up, but I remember in the beginning when he introduced himself to us he asked me if I own a gun, again not sure why it came up but he brought it up. I said no, I explained I have no desire to own one. He said every American should own one and said I should note that he has one on him at all times, and that he has one in all rooms in his home, kinda turned me off.

                  The police told me there is nothing I can do to stop him from walking past my home on the side walk because he lives in the subdivision and the side walk is “not my property”. The police said just because he “appears” in the subdivision when I am walking around the community property does amount to anything, again he has a right to walk around the subdivision as many times as he like because he lives here, I said even if he shadows me and gives me hard looks, I got the same answer as before and was told to stay on my property if it bothered me. I am getting a fenced in yard so this should end that problem.

                  The funny thing is every time he “walks” by he stares at my house, but because he’s doing it from a public spot (i.e. the side walk, roadway), not much I can do. He never stops, just walks and looks at the house.

                  I am an executive chef at a restaurant, somehow this guy found out where I work and will come in two or three times a week. As much as I would love to do something to his food to make him not come back, I can not because I am a man of integrity. Just to be safe I do not cook or touch his ticket at all, I have a member of my staff take care of it, when it hits the pass I have someone else garnish it.

                  One night when he was at the restaurant I found my car egged, unfortunately no one saw anything so not much I can do. But I say if it walks likes duck, quacks like a duck and looks like a duck, then it might be a duck, who else would have done that?
                  I have asked the manager not to serve him, and even explained all of my problems I had with this guy, and all I get is, as long as he pays we have to serve him, even after the egging.
                  One night when he was at the restaurant his gun fell out of his waist band landed on the floor, he’s reply was, that’s why he carries a Glock. Even after that, we still serve him.

                  One night he came in late and was one of the last customers we served, he was "just hanging out" in the parking lot after hrs, so I called the police and they asked him to leave.

                  He also likes to spread lies about me and my wife to all of my neighbors that will listen to him, there is no rhyme or reason to it, he will just bring us in to the conversation. He has told people in the neighborhood that I beat my wife and dog regularly basis and that I have mental problems and can’t comprehend simple conversation.

                  When he found out I knew the all of the lies, he got mad at the neighbors for telling us and said to them, I thought I was talking to you in private, now everyone knows he’s an idiot.

                  He’s asked my neighbors where my wife works, but no one tells him thankfully.
                  One day he called my wife a fxxxing bitch because my dog barked at him while they were on a walk. I have to tell you I had a hard time not kicking his *** over that one, trust me when I say I got lots more and can go on and on.

                  Then you got this latest issue, where he entered my home under false pretense.
                  Last edited by alpha24; 09-25-2009, 08:22 AM.
                  "ExComptonCop X 1000 - buh-bye (but we all really know you'll be back to get the last word in...they always do) ".

                  Comment


                  • #10
                    I feel if I keep calling the police over and over for this matter they are going to label me as a nut job and not even take our calls.
                    "ExComptonCop X 1000 - buh-bye (but we all really know you'll be back to get the last word in...they always do) ".

                    Comment


                    • #11
                      In Co, he entered you house under a false pretense, and if what you say is true; he probably entered your house with a loaded gun. Talk to your local department and make sure you explain these elements. I don't know GA law but it looks like you MAY have a case.

                      Comment


                      • #12
                        1. Never leave your door unlocked, for any reason, when you are not home!
                        Your real estate agant should have placed a key lock box on your door. The agent, showing the house, enters the combination and retrieves the house key from the lock box. That way the real estate agant has access to your house when you are not there.
                        2. You can own a gun with or with out GA CCW license. You don't need a license to have any gun in your car or house. If you want to carry it on your person then you will need a CCW permit. FYI there are no waiting periods to buy any gun in GA.
                        3. The guy entering your house under the pretenses you described could be a problem for you. See number one. In GA for a subject to be charged with burglary he has to enter or remains inside a dwelling or structure of another with out permission to commit a felony or theft there in. To be charged with trespassing he basically has to go onto your property and refuses to leave after being told to leave your property. There are other forms of criminal trespass. In your case he called you, under false pretenses, and basically recieved your permission to enter your house. After all you unlocked the door for him. At least that's what he will argue in his defense. So again see number one.
                        4. Serve him a criminal trespass notice to stay off your property. This can be done in writing like sigcopper suggested or you can tell him in person while a LEO is present. If he is caught on your property after that he can be arressted and charged with criminal trespass, even when you are not home.
                        5. You can file for a warrant. When you file for the warrant the judge will subpoena you and the subject for a hearing. You will tell your version of events and the subject can tell their version of events. If the judge finds that there is enough probable cause to believe a crime has been commited by the subject he / she will issue an arrest warrant and the subject will go to jail. Then you have to go to trial unless the subject pleads guilty to the charges. Read the OCGA and be sure the crime you are alleging he violated meets the statute's definitions of the alleged offense(s). FYI: There may be a fee for this and the judge may rule against you.

                        Comment

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