Looking for some unofficial legal advise or words of wisdom! I live in a typical subdivision here in California and based on how our lots are staggered, our "Good Neighbor Fence" boarders 5 properties including myself.
We need to replace our entire fence because of age and luckily California has a law (section 841 of the Civil Code) that forces neighbors to pay the share of fence repair/replacement as long as I give 30 days notice to have the work done.
I'm working to get these 4 other property owners to buy into this replacement (the fence is falling down) before winter storms but one neighbor refuses to answer his door or letters sent in the mail regarding it.
Yesterday I sent another letter saying that I was officially enacting this California fence law and that he has 30 notice. This letter was sent both certified and first class which I hear is legally required by law. I'm guessing he won't sign for the certified letter though. Yes, he's a nut job.
Assuming he doesn't contact me, I assume I'll have to take this guy to Small Claims Court in order to collect. But I guess my questions are, what happens if I have him subpoenaed and he doesn't except it (even by a deputy) or refuses to show up in small claims court? The other question is if the judge agree's with my side (which he will based on everything I know about it) how do I force this guy to actually pay me?
Anyone ever had to deal with this type of thing?
We need to replace our entire fence because of age and luckily California has a law (section 841 of the Civil Code) that forces neighbors to pay the share of fence repair/replacement as long as I give 30 days notice to have the work done.
I'm working to get these 4 other property owners to buy into this replacement (the fence is falling down) before winter storms but one neighbor refuses to answer his door or letters sent in the mail regarding it.
Yesterday I sent another letter saying that I was officially enacting this California fence law and that he has 30 notice. This letter was sent both certified and first class which I hear is legally required by law. I'm guessing he won't sign for the certified letter though. Yes, he's a nut job.
Assuming he doesn't contact me, I assume I'll have to take this guy to Small Claims Court in order to collect. But I guess my questions are, what happens if I have him subpoenaed and he doesn't except it (even by a deputy) or refuses to show up in small claims court? The other question is if the judge agree's with my side (which he will based on everything I know about it) how do I force this guy to actually pay me?
Anyone ever had to deal with this type of thing?