In either case, you can bring a lawsuit to the court in the case of fruitless negotiation with your neighbor, asking the other party to stop the infringement, apologize and compensate your losses.
2. "What kind of process should I take?" Write a complaint and prepare the evidence that you consulted him many times, but he promised to move but didn't do it. Then go to the filing court of the local grass-roots court and ask for a case, and wait for the court summons to inform you of the future.
3. "How much does it cost to go to court? How much do I always have to spend when the case is closed? " ：
(1) For cases not involving property, the prosecution fee is 50 yuan.
(2) As for how much money you will spend after the whole case, it is impossible to say it accurately, because it is not clear how many times the court session will be held, how long it will take, how much transportation and accommodation will be spent to go to court, and how much you may lose.
4. "His family will definitely not be present after the trial, and it is estimated that he will not move himself. So what will the court do? Before prosecution, if I go to environmental protection? " ：
(1) If he is not present, the court can try in absentia and make a judgment, which is irrelevant. It may be better for you that he is not present. The court will only try and make a judgment based on your evidence and claims.
(2) If he fails to perform the judgment after the judgment takes effect, you can apply to the court for compulsory execution within 2 years, and the court can find someone to relocate the air conditioner at his expense.
(3) It's not a noise problem, it's just an infringement problem, so there's no need to look for environmental protection. The key is whether you can prove that this exterior wall is an exclusive part of your home; If * * * is partially sued for infringing on neighboring rights, it can ask the Environmental Protection Bureau to conduct noise detection before or after the prosecution.
5. "How can I bring a lawsuit to the court? Process? " : I already have it.
6. "His family doesn't live here now. Is the address the court to check my money or do I check it myself? " ：
(1) The court is not responsible for the information given to the defendant: you can only check it yourself.
(2) You can contact him by phone. The house is being rented, so it should not be too difficult to find the landlord.
7. "How many days can the general court close the case from the beginning of the lawsuit? Do I need to call the police in his home? By the way, how to write a civil lawsuit? To be detailed ":
(1) The summary procedure of civil cases is closed within 3 months, and the ordinary procedure is generally 6 months, counting from the time when the court accepts the case. If the case is simple, there are not many cases in the court when you sue, and it may be completed in a month or two.
(2) It is possible to report to the police, but it is estimated that the alarm has little effect: the police can't stop him from using it, but they can report to 1 10, environmental protection at the same time, and noise detection at that time was more useful.
(3) Model civil complaint: available online, generally:
Civil complaints:
Plaintiff: (State name, date of birth, ID number, home address, contact information, etc. )
Defendant: (ditto)
Litigation request:
1. Request the court to order the other party to stop the infringement and dismantle the air conditioner as promised by the defendant.
2. Pay the plaintiff mental damage compensation X yuan.
The litigation costs of the case shall be borne by the defendant.
Facts and reasons:
Attachment: List of Evidence
I am here to convey
XXXX people's court
Shaping people:
Date, year and month