Neighbors knowingly filed false police report, what can we do???

Question

This morning were presented with a summons to court on the charges of intentional killing of an animal, which is entirely false. In the summons it says that the neighbor witnessed my husband throwing a piece of tainted meat over the fence into their yard, which their 3 dogs ate and died.They state that the meat smelled like kerosene and they sent it off for tests which came that it tested positive for Bifenthrin. They state the time that they witnessed it was 2:00 on a Thursday afternoon. My hubby was at work on that day and has 3 witnesses to that, so I'm not concerned with that, but in order for him to appear in court he will have to miss work along with his employer and 2 fellow employees who are our witnesses. Can we recover lost wages for us and our witnesses, and/or sue them for libel? What are the penalties in Tenn. for filing false police reports? oh, and they claim the dogs died as a result of poisoning when in fact they had someone to shoot the dogs.They're suing for $1,050.

both, they are taking us to court for killing their dogs, which they claim were worth 1,050. The police report IS false as they claim to have witnessed my husband throw the poisoned meat over the fence, which is false bc he was 30 miles away at the time of the incedent.My hubby is facing criminal charges, but i know will be proven unsubstatiated as we have witnesses. Is it clearer now??

The person who shot the dogs told us that he shot them, and he happens to be the nephew of one of our witnesses. He will most likely testify to the fact that he shot them.This whole thing is ridiculous.

Answer 1

I don't see anywhere where you say that they filed a false police report, and unless you or your husband were arrested, the cops probably weren't even involved. If all you got was a summons, I'm assuming the action is a civil wrongful death action, and since you can not only prove that your husband was at work and didn't do it, but prove that they targeted you without cause, you can respond to the complaint with that proof and get whatever court costs, attorney's fees, etc., for your trouble.

What I would do, if I were you, is file an answer to the complaint and summons (which, if I'm not mistaken, says you have 30 days to respond in Court, so you better get a lawyer and get hopping), and also file a cross-complaint for intentional infliction of emotional distress, fraud and libel. When you win, you can get damages (i.e., lost wages), your witnesses can get their fees and travel paid, and you can get your attorney's fees and costs paid as well.

If there IS a criminal charge as well and a false police report was filed, I recommend giving the information proving it was false (i.e., statements from your hubby's co-workers and from the actual dog-killer) to the police NOW. They'll handle the filing a false police report part, which is also a crime.

Answer 2

1

Answer 3

Your post is confusing.

You ask about filing a false police report, and refer to a "summons to court on charges...." but then say "They're suing for $1,050"

These are inconsistent. Are you being sued, or are you facing criminal charges? or both?

If they filed a *police report* then that report is highly protected. We as a society want to 'encourage' people to report even 'suspected' criminal activity to the police, so it is deliberately made very difficult to take civil action against people who report crimes that turn out to never have occurred. If it can be proven that the police report was maliciously filed, then the neighbors can be criminally charged by the police.

If you face just a civil suit, then unfortunately, lost wages are not a recoverable expense in fighting it.

Richard

Answer 4

For them to prove the meat killed their dogs they would need a autopsy report stating their dogs died from the meat. Whoever told you they had someone shoot the dogs you should have them in court stating it. Also let the judge note that you will be filling false charges with the police after the judge rules. You could counter sue for $5000 if you can get a autopsy on the dead dogs proving they were shot.

Answer 5

You need to countersue if you want to try and recoup lost wages. Talk to a lawyer about the possiblility of adding defamation of character and slander damages to the countersuit. I don't know what the laws are in Tennassee, but it sounds like your neighbors are idiots since they don't have any evidence to back up their claim. It's up to the police to decide if they want to prosecute for filing a false police report. Oh, and make sure you bring in the person who killed the dogs to testify too.

Answer 6

As long as he has witnesses and proof he was at work, what can they do? I'm not sure about recovering lost wages, but I would call your local attorney for that. Good luck and it's a shame that someone would sink that low. I hope your neighbors get in trouble for accusing you of doing it. Sorry for the dogs, but God!

Answer 7

That's what a court is all about. One person says one thing, another says something different. Get a lawyer, since this can carry jail time, never mind a fine.

Answer 8

I would say that libel and false intentions are hard to prove and would think they will probably have to pay court costs. If you can get them to perjurize themselves or easily prove that what they have done is liablity you will probably spend more than 2100.00. Good luck. Mean people suck.

Answer 9

Unfortunately this will cost you something to clear your name - if nothing more than husband's day off work - but probably should consult an atty to protect yourselves - usually consultation is free.