"Eliyahu Rooff" <[email protected]
> wrote in message
"cbreitel" <[email protected]
> wrote in message news:[email protected]
As far as "recourse", you have at least 3: call the police, or sue after the fact, or sue an organization if it keeps sending people to your door and obtain an injunction. WADR, your options are more theoretical than practical.
I disagree for the reasons stated below.
Call the police? What are they going to do other than tell the person that you don't want him on your property?
Arrest them, or even threaten to arrest them, for criminal trespass,
the elements of which vary from state to state. More importantly,
simply informing the trespasser that you are calling the police will
likely be good enough.
How do you intend to keep the person on your property until they arrive? You have no right to use force to detain them, and the moment you prevent them from leaving, you've committed a felony.
A legally flawed statement, since you fail to qualify it according to
state law. The law of most states permit citizen arrests under a range
of different circumstances; but that's neither here nor there because
no one (certainly not me) is asking the homeowner to attempt a citizen
arrest. Simply telling the trespasser that they will call the police
immediately will probably be good enough.
Sue them? What damages would you show in court that would keep the judge from throwing it out as a frivolous suit and imposing monetary sanctions on you?
If you were a lawyer, you might have first paid attention to my
suggestion for a suit for injunctive relief, and not a suit for money
damages. To answer your question, though, a civil trespass action can
and does result in money judgments under centuries-old principles of
property law. Those principles establish that the right to own
property includes the right to exclude from it the presence of others
and derive enjoyment from that exclusivity. Just because injuries in a
lawsuit are difficult to define in a tangible sense does not mean the
injuries are not compensable. Otherwise, plaintiffs could never get
compensation for "pain and suffering," distress over losing a loved
one, or emotional distress in general. I suggest reading some
treatises on damages if this question confounds you.
Sue the organization? You'd have to demonstrate in court that you'd given that specific organization notice that you didn't want them to enter your property and that they had instructed their members to ignore those instructions. And, again, you would have to show actual damages in order to recover any money.
Again the obsession with money. A very simple restraining order in a
municipal court will suffice.
One might get a restraining order if it's an actual and persistant problem, but that order would only be directed at specific individuals and would not cover the rest of the world's population -- not to mention that it's a heck of a lot of work and cost just to avoid occasionally answering the door and telling someone you aren't interested.
Ahh, finally the light bulb clicks on. You'll notice that I made
specific reference to the word "organization" in my mention of suing
for injunctive relief. If it is one organization that is the source of
the problem, yes, that organization can indeed be sued for injunctive
I sure wish that the biggest problem in my life was solicitors coming to my door...
If it doesn't bother you personally, why are you bothering to respond?
Just for the sake of arguing? The poster asked for legal solutions to
his situation, which he obviously does think is a problem even if you
don't. The ones I gave are a few of his options.