If I sue her for harassment and destroying my property will I win?

Question

If I sue her for harassment and destroying my property will I win?

Ok I used to be friends with this 26yr old and I'm 21. Anyway I moved in with her and my other friend. Things started to get nasty. She started to stalk me and watch me. She started to harass me and abuse me, she treated me like a little kid and she thinks I act like a little kid. (which she's the only one in my life that thinks that). She treats me like I'm stupid. Anyway so after being severely depressed and highly stressed out because I was living with a stalker, I moved out. My other roommate told me that if I asked her to kick out that stalker she would have. It's because of her(the stalker) that caused this mess. She(the stalker) tried to turn me and my other roommate against each other.

Anyway when I came back to get my furniture, I found some of my stuff destroyed. My desk was bent and my round three layer marble plant stand was destroyed because its legs were sawed off.

Will I win if I sue?

Answer 1

Maybe. Can you prove that she did it? Will it come down to your word against her's or does she admit to doing it? Given the damages you have described, I don't think it is worth your time or legal expense to persue this in the court system. Even though, it will likely in the begining make you feel better. Just move on, there are unpleasant people in this world, try to avoid them.

Answer 2

Forget about suing for harrassment, it never works, unless you had an actual loss like she called you so many times at work and showed up there to yell at you that you got fired.



As for the damaged property, you could likely win a small claims suit, but you would need some sort of reasoning as to why you think it was her who did it. If you could get the other roommate to testify that only the three of you had access to the apartment and that she did not destroy your things that could be sufficient. You don't need actual physical evidence or witnesses in civil matters (ie there is no "beyond a reasonable doubt factor) but you still have to prove that it is the logical explaination for the destruction of your belongings.



You could be on the hook for unpaid rent if you broke the terms of your lease or your verbal agreement between the three of you, though.

Answer 3

The question you should be asking first is, what are you sueing for? In other words what are you asking the court to do. There are probably winnable arguments here, both as to trespass (meaning the destruction of your property) and infliction of emotional distress. But what do you want the court to do, you likely can't get more than the value of your property and maybe (its a stretch) a temporary restraining order. If this person is already out of your life count your blessings and good riddence. If you really want to sue it sounds like small claims is the way it will go, you probably don't need a lawyer, since most small claims issues are pro se. However, if you think that you do need or want a lawyer call your local bar association for help in locating one.

Answer 4

If you decide to sue, you will only be able to sue for the actual worth of the damaged items. So say, you can't just claim several thousand dollars in damages, you have to prove how much the items are worth (and usually with an allowance for wear and tear). Also, you have to have proof, evidence and witnesses that it was her that caused the damage. You can't just believe it was her or argue that she was out to get you, there has to be some kind of proof that she was the likely person who caused the damage. If you can prove the worth of your stuff, plus have evidence it was her, you can sue her. Not sure if you would win or break even (since it costs money to file a suit in civil court), but that depends on the worth of your stuff and if you have good evidence.



Also, just so you know, not sure if you left the apartment before your lease was up, but if that's the case, she may be able to counter-sue you for unpaid rent for leaving before the lease was over and sticking her with part of the cost of your rent until they found another roommate. Just an FYI.

Answer 5

Watch the court shows, they tell you what you need to prevail. You will need witnesses to the activities and/or threats, receipts for the cost of the items, and a resolve to see it to the end. Good luck.

Answer 6

Only , if you have a witness, you didnt see her do it?