Legal Question in Civil Litigation in Texas
Small Claims Forms:
My brother had just rented a house two weeks before he was incarcerated. My brother had paid the landlord two months rent with a deposit.
The landlord entered the house on the second day of my brothers confinement and removed all his property to an open and unsecured garage. The landlord then re-rented the house.
The landlord gave me very little time to take possession of my brothers property. 4 days to be exact!
The landlord knew which jail my brother was in but made no attempt to contact him with news of his property being removed from the house he had just rented.
My brother assigned Power of Attorney to me because he is incarcerated in a TX jail. I live in California. I'm trying to file a small claims suit on behalf of my brother but I'm confused as to how I must properly fill out the claim and waiver of fee forms. Do I include myself as a second Plantiff representing the first Plantiff or vice versa?
I also don't understand what a Correctly Styled Suit means?
Do I include the date on the Affidavits? Finally, on the Affidavit of Indigency do I provide for my brothers financial status or my financial status?
Do I send two copies of each form sent to me by the Court, back to the Court?
1 Answer from Attorneys
Re: Small Claims Forms:
If Texas as in most states, one cannot represent someone else unless one is a lawyer. If the amount is sufficient, hire a lawyer. Your brother may be entitled to refund of deposit and rent as well as property. Even if you pay fees etc the Court should not let your represent your brother's interests..A qualified lawyer would also write the landlord a strong demand for payment immediately..if you haven't
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