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My neighbor's fence dispute ended with a $4,700 surprise in Santa Rosa
Last March my neighbor in Santa Rosa put up a new redwood fence right on what he claimed was the property line. I hired a surveyor for $850 in June and it turns out his fence sits 14 inches onto my side. We tried talking it out but he refused to move it, so I filed a small claims case in July. The judge ruled in my favor and ordered him to pay removal costs plus my survey fee, but he still hasn't complied. My attorney says enforcing the judgment might take another 6 months with a sheriff's levy. Has anyone else dealt with a neighbor ignoring a court order like this, and what worked for you?
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sean_torres7117d ago
I remember reading a story on a legal forum about a guy in Texas who waited 8 months after his small claims win before the sheriff finally showed up with a levy. He said the trick was calling the court clerk every couple weeks to keep the paperwork moving, because it just sits there otherwise. In your case the fence is still on your land so you could also ask about a writ of removal, not just the money. Six months sounds about right for Santa Rosa too, Sonoma County is backed up. Hang in there, the judgment does not expire and he pays the fees on top once the levy hits.
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