I received a cease and desist letter from my neighbors attorney yesterday and was wondering if i need to reply ?

Asked over 1 year ago - Laguna Niguel, CA

The letter contains bogus complaints IE . quit trespassing on their property , don't cut their plants quick looking in their windows , etc . , threatens us with paying legal fees for their attorney and bringing us to court for any issue they feel they can come up with . We have done none of these complaints and actually complaints that other neighbors have , including myself , accused them of . We have built a block wall on our property , lined it with trees and have not initiated contact with these people in over 5 years . The wife has some sort of mental issue , documented , and the husband is a jerk . They used to be friends of most of the neighbors until about 7 years ago when they lost a lawsuit involving a golf course

Attorney answers (5)

  1. Dennis Morgan

    Contributor Level 9

    9

    Lawyers agree

    Answered . It's risky to reply yourself to the letter, because anything you say will become part of the record, and even if you believe you are being careful, there's a big risk you will say something that could disadvantage you if this ever escalates into a lawsuit. It also depends on what the letter says. Probably the smart thing to do is to have an attorney review the letter and send a brief response. It's helpful to have an attorney respond for two reasons: (1) it says "I have a lawyer and won't be pushed around," and (2) it puts on record that you deny and dispute the allegations they are making and will vigorously defend yourself if they press their meritless claims.

    Feel free to get in touch if you have any questions. Good luck!

    Please note: this answer is intended to inform and educate. It should not be taken as legal advice or a legal... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . No.

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  3. Michael Raymond Daymude

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I suggest you make certain your homeowners insurance is paid for. If the letter makes any claim against you, it is advisable to contact your homeowners insurance agent to determine if you should forward a copy of the letter to your carrier.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  4. George Costas Andriotis

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . No reply necessary and if you did reply it'd probably make it worse.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . There is no need to reply. I suggest you continue to keep your distance from these neighbors.Call the police if they bother you.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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