QUESTION
Can I sue a person for assault, emotional distress, property damages?
Asked on May 01st, 2013 on Personal Injury - Michigan
More details to this question:
You see I let this homeless girl into my home with my family. Husband and 3 children. One month later she start giving me and my family problem. So I told her to leave my home. When I try to go open the door to get her stuff. She walk in trying to fight me. She hit me twice. So we started fighting. After that I was looking for my keys. She took it and lied to the police that she didn't have my key. When everyone around her saw her took it. I left my home open, cause she had my keys. When I came back on break, my whole house was destroyed. So I called the police. I'm supposed to be meeting them tomorrow. For the past two months, she had put so many stress on me mentally and physically. Since I wasn't there to tell my part she charged me with assault by falsely lying to the police about her being on my lease. Please help me, where should I go from here.
13 ANSWERS
Ronald A. Steinberg
File an eviction proceeding to have her removed from your house for non-payment of rent. Obviously, she has emotional issues, but since you are not legally responsible for her, you do not need to deal with them. If you do not get her out of your life, it could mess up your own family. "No good deed goes unpunished."
Answered on May 02nd, 2013 at 4:50 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
at
Gary Lee Platt
Update Your Profile
Assuming you can prove this person did the things you described, you can sue her. However, as a homeless person, she almost certainly has no money or other property to pay you if you get a judgment against her. Also, under these circumstances, it will be impossible to find a lawyer willing to take the case for you.
Answered on May 02nd, 2013 at 2:24 AM
Administrative Law Attorney serving Phoenix, AZ
at
Jennings, Strouss & Salmon, P.L.C.
Update Your Profile
To answer your question, yes. From the facts you've provided it appears that you have numerous causes of action against this girl. The problem, however, is whether or not you'd be able to collect any judgement you receive against her. You may get a $50,000 judgement against this girl, but if she has no money, would you ever be able to collect on that judgement? That will certainly be a sticking point for any attorney before taking your case on.
Answered on May 01st, 2013 at 3:38 PM
Insurance Attorney serving Seattle, WA
at
Lawrence Kahn Law Group
Update Your Profile
You could sue her for all of those things but at the end of the day, what are you going to get from someone who was/is homeless?
Answered on May 01st, 2013 at 3:38 PM
Brain Injury Attorney serving Baton Rouge, LA
at
The Lucky Law Firm, PLC
Update Your Profile
You should continue following up with the police and later the district attorneys office. You can file a civil suit against her, but if she is "homeless" then it is not likely that you would recover anything from her. As the old adage goes, "You can't get blood from a turnip." Best of luck with your situation.
Answered on May 01st, 2013 at 3:38 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Sure you can sue her, but it will cost you money to sue and what will you collect? She's homeless and has nothing.
Answered on May 01st, 2013 at 3:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You need an attorney, and to WITH THE ATTORNEY, speak with the police and prosecutor about charging her for her criminal actions.
Answered on May 01st, 2013 at 3:37 PM
James Eugene Hasser
You can sue her, but how would you collect if you got a judgment? Because of that problem, you will probably not be able to get a lawyer to take your case. I think you're best off dealing with the authorities and asking them to make restitution part of any conviction they get against her.
Answered on May 01st, 2013 at 3:37 PM
Workers Compensation Attorney serving Newtown Square, PA
at
Law Offices of Richard A. Jaffe, LLC
Update Your Profile
I am very sorry to hear about all of the problems that you are having as a result of your generosity to a homeless individual. Although it sounds as if you have certainly suffered great losses as a result of your act of kindness, the major problem that you would face if you were to file a lawsuit against this individual is whether or not the homeless individual would have any assets that would allow you to recover from him or her as a result of the damage he or she has caused to your home and reputation. Given the fact that this individual is homeless, it is quite unlikely that they would have any insurance or assets. It sounds like the best course of action would be to secure a restraining order against this individual to prevent any further harm to you or your family. It is my recommendation that you contact a Personal Injury attorney and perhaps the District Attorney's office to discuss your rights and any possible causes of action you may have against this individual. Please note that most Personal Injury Attorneys will not charge for an initial consultation and will accept your case on a Contingent Fee Basis if you have a viable cause of action.
Answered on May 01st, 2013 at 3:36 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Hire a lawyer and get a restraining order, keeping her from your house. In that fashion, the police will have some "teeth" to keep her out of your house. If she violates the restraining order, a judge will probably hold her in contempt and put her in the pokey for a short while. That might teach her a lesson. In the meantime, get a locksmith out to your house to have all your locks changed.
Answered on May 01st, 2013 at 3:36 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
You can sue her, but I doubt you will recover anything.
Answered on May 01st, 2013 at 3:36 PM
John Hone
Yes, legally you could bring a civil claim against this person for assaulting you, and the damages. However, if she is homeless to begin with, how would she pay a judgment?
Answered on May 01st, 2013 at 3:35 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Charge the person with trespass and get a court order for her to get out and stay out. You must remember that you asked for all this and you got it bigger than you reckoned. You can sue her but she has nothing so what good would that do. You must also remember that she tells one story, you tell another. How will a judge know who is telling the truth?
Answered on May 01st, 2013 at 3:35 PM