Soil Dumping
David E. Ross wrote:
(...)
Even if the police do nothing, you should still file a criminal
complaint. You need a copy of the complaint to sue those who are
dumping on your property.
You can sue in small claims court using the copy of the complaint as
part of the evidence. You can also hire an attorney and sue for an
amount greater than the small claims limit, not only for actual damages
(the cost of removing the dumped dirt) but also for your costs (the
attorney's fees), for punitive damages, and for exemplary damages.
No, I do not believe in suing at the drop of a hat. In my 70+ years, I
have been a plaintiff only once and been sued only once. However,
repeated offenses should be punished. If the police will not do
anything, a good, solid lawsuit is a great punishment against wrong-doers.
Also, having filed a complaint with the police and having good evidence
(e.g., photos, videos) might indeed prompt a criminal prosecution,
especially if you are not the only victim.
Thanks for your insight, David.
--Winston
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