Many communities have local ordinances that prohibit excessive, unnecessary, and unreasonable noise, and a person can pursue a nuisance abatement lawsuit against noisy neighbors. A person can sue a noisy neighbor in small claims court to stop the noise from continuing by court order, as stated by Nolo.com.Know More
Winning a nuisance abatement lawsuit requires strong proof that the noise is excessive and disturbing a person's ability to enjoy her home in peace, notes Nolo.com. The Housing and Community Development Network of New Jersey reports that a legal nuisance is one that greatly interferes with someone's enjoyment of their own property. The nuisance could also pose a risk to health and safety. Local ordinances should be reviewed to see what specific laws are broken.
Sometimes the issue of playing music too loud can be resolved between neighbors without filing a lawsuit. The Chicago Tribune recommends starting with a polite request for the neighbor to stop the disturbing noise. Another tactic is to send a strongly worded letter from a lawyer. This type of legal notice is highly effective in solving nuisance issues. The police can also be called in, and a police report filed. If all attempts to get the neighbor to stop the noise fail, filing a lawsuit may be the final remedy.Learn more about Law
The amount that a person can sue for depends on the circumstances of the lawsuit. If suing in small claims court, the local jurisdiction has set laws regarding the amount one can sue for. Limits in district or state courts are much higher, says World Law Direct.Full Answer >
Voluntary dismissal is the termination of a lawsuit due to a withdrawal from the case by the plaintiff, the person who initially filed the case. Voluntary dismissal occurs before the court where the plaintiff must formally withdraw the case he brought forth.Full Answer >
A tort is an incident in which someone intentionally injures a person and their property and can result in a private lawsuit; a crime is a criminal action that the state prosecutes on the victim's behalf, according to the University of New Mexico. Although crimes are torts because of the resultant action on the victim, many torts are civil matters and therefore are not crimes.Full Answer >
Local ordinances are often available in the city or county clerk's office and large public libraries, according to Nolo. For example, the Seattle Public Library maintains an online listing of many U.S. municipal codes. Local codes are often stricter than state or national laws but cannot be weaker.Full Answer >