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tape4measure · Sep 16, 2009, 08:39 AM

I just got a Civil Action Hearing Notice from my neighbor for leaving for work at 5:30am-6:00am with my Dodge truck that I just put an exhaust on July 1st of this this year. He is claiming $3,000 worth of damages for no longer being able to enjoy his property. He seems to be following an ABC news story published in 2008 about how to "quite down noisy neighbors". He started by talking to be about it and I told him its not that loud and I am sorry. Then he sent a letter with the noise ordinances for our town. Then the cops show up at my house and tell me that my truck IS legal and there is nothing wrong with me leaving for work with my truck. Now I get this Notice.

I have a flowmaster 50seriers muffler and dual pipes for anyone that would like to research and see that it is not obnoxious and is the quietest exhaust you can get for the truck. When I put it on I had no intentions of pissing anyone off. I just wanted my truck to sound like a truck.

My entire street is appalled by his actions and 6 out of the 8 household would like to come and be witnesses that my leaving for work in my truck in no way bothers them.

On the notice it does not have any attorney written down to represent him so do I really need to go through with getting a lawyer or would having my neighbors as withnesses and the police officer that came to my house as a withness along with my current inspection papers and the document from the muffler company stating its 50state legality be sufficient enough to defend myself?

Also to me this is a frivolous lawsuit and show never had gotten this stage this quickly. How is a case deemed frivolous?

Take it for what it is worth but I have had a total of 1 conversation with this neighbor sense we moved in 2 yrs ago, his kids play in my yard and we both basically keep to ourselves with no previous bad blood and hardly even any conversation. I couldn't remember his name until now of coarse.

tickle · Sep 16, 2009, 09:19 AM

You have no other choice really then to attend the hearing, but it may be the best way to put this whole business to rest. You have witnesses, you also have, I am assuming, a police report filed that the police deemed your truck acceptable.

You don't need an attorney if you are strong in your bellief that this will pass out the window where it belongs.

You need to put him in his place and this is the only way to do it, in front of a judge.

Tick

twinkiedooter · Sep 16, 2009, 11:13 AM

I have a similar neighbor who likes to "gun" his truck constantly prior to leaving his driveway in the morning with his loud exhaust. I'd like to do something about him but I don't.

Apparently your neighbor thinks he can win in small claims court. What are his damages that he can claim a figure of $3,000 for? Where in his complaint does he think he's going to win that for "noise"?

You don't need a lawyer to handle this for you in small claims court as the courts are usually very generous with "amateurs" defending themselves in court and will actually take the time to listen to you and your witnesses if presented properly.

Just where is this neighbor situated who is complaining? Across the street? Next door to you? And just where in relation to his bedroom is your truck parked that it would "annoy" him with the noise?

You should think about taking photos of just where this guy's bedroom is, where your truck is parked when it makes the "offending noise" and also produce a diagram showing just where the actions is taking place. This will definitely literally show the judge at court so he does not have to guess. The more prepared you are with diagrams, photos the better.

And as for the police report. Definitely introduce that as well. Also show your receipt for the new exhaust and any literature from the maker showing that it is legal sound wise.

And for your witnesses. Most definitely bring along as many as you are permitted to bring. Hopefully they will show up and testify.

And lastly, you can file a Countersuit for a frivilous lawsuit using the same case number (this way you don't have to pay filing fees) and you will most likely win. Go to the Clerk's Office and get the paperwork and fill it out and have your countersuit on file as soon as possible and into the court system so that both cases will be heard at the same time.

tape4measure · Sep 16, 2009, 03:45 PM

I can assure I am not like your neighbor. I start the truck and leave within a minute or two and I keep it under 1,000rpms trying to not make it louder than it has to be.

He is claiming loss of sleep and strained realationship with his family.

He is next door to me, but the house in our development are spaced a good distance apart. We are not on top of each other each lot is a little under 3/4 acre.

I will definelty look into how to file a frivilous case against him.

Thanks for the advise.

twinkiedooter · Sep 16, 2009, 06:17 PM

Tape - Definitely do the drawing showing locations of bedroom and your driveway where you park. If you take photos, measure distances, etc. and the fact you keep it under 1,000 RPMs I'm leaning towards this guy has a few screws loose or is using your truck as an excuse for his "strained relationship" with his family. I'm not buying his baloney and neither will the Judge.

As for my neighbor - he does not have a "quiet" exhaust. If anything he's jacked that truck's exhaust up since he bought the thing. But I do know from living here for 7 years and having him for an across the street neighbor - he does have a tendency to blow his engine and/or transmissions a lot so I'm just biding my time and waiting until either he or his dumb girlfriend blows this truck up and it has to be towed away to the junkyard (as his previous 2 pickups were).

Hope you win.

ebaines · Sep 17, 2009, 10:32 AM

One other suggestion - perhaps a bit of overkill, but it may be wise to have an inspection by a certified mechanic stating that your exhaust is in prime condition (i.e, no cracks in the pipes or muffler, which would make the exhaust louder than it should be). This would bolster your position that there's nothing unusual with the truck.

JudyKayTee · Sep 17, 2009, 10:55 AM

The opinions/experiences of your other neighbors will matter little. Your driveway is (presumably) closer to this one neighbor than any other neighbor; therefore, he is more easily "annoyed" by the sound of your truck.

Attend the hearing, bring the proof everyone has suggested and see what happens.

Have you tried to talk to him or is it beyond that?

My cousin had a similar problem with his HD motorcycle and a neighbor. Cousin got called into Court and found to be acting in a reasonable and prudent manner. HDs sound like HDs and you have to start them to get them out of your garage and driveway!

markknapp61 · Sep 23, 2009, 01:41 AM

Here is what I had to do, go to your neighbors and see if they will sign a letter stating that it does not disturb them, I had the same issue on my ram after putting on the duals and one of my (uhm) neighbors complained. I went to court with the truck in question and the judge really didn't care. The signed letter is what won it for me.
Good Luck
Mark

JudyKayTee · Sep 23, 2009, 06:13 AM

In my area the opinions of other neighbors, as I said, do not matter - it's the person whose bedrooms overlook the driveway who is being disturbed and I don't see another neighbor in that same position.

ScottGem · Sep 23, 2009, 06:27 AM

The proper way to deal with this complaint is to a) produce the police report showing your truck meets legal limits, b) show the distances between where you start your truck and his bedroom window and c) challenge him to quantify his damages.

Don't bother with neighbors as Judy said.

I would also consider filing a counter suit for damages. These damages would include any loss of pay you incur for attending the hearing and any costs for researching how to answer the suit.