Legal Question in Family Law in Texas

my step dad change the locks on me and my 4 month old daughter saturday night. i have been living with them for almost a year now and have been paying rent. he gave me my daughters things back but won't let me take mine. I owe him money from a car wreck i was in and he says he is holding my things as collateral. can i wright a legal document up saying i will pay him in monthly installments and have him give my things back? If so how do i go about that? I already have someone that will notarize it.


Asked on 8/01/11, 10:39 am

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

If you have been paying rent, then you probably have a month-to-month lease in the eyes of the law. If he wants you out, he'd have to formally evict you. You could sue for wrongful eviction and probably get back into the house that way. He will eventually kick you out anyway.

You could sue him for taking your things from you. You would sue in small claims court. If you did not sign a collateral agreement, he cannot just unitalterally collateralize a "loan", if in fact that's what is involved.

Yes, you can write up a primissory note and sign it. But why would you do that BEFORE you get your stuff back? He sounds like a real SOB so I can imagine him taking the note, keeping your things, and then suing you on the note.

Small claims court is made for cases like this. You don't even really need an attorney in small claims court, although it sounds like you could use some legal assistance.

Maybe you can go to a Legal Aid intake night and see if you can get some free advice there.

I'm sorry you and your baby are going through all this.

Good luck!!

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Answered on 9/12/11, 5:24 am


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