Legal Question in Civil Litigation in Texas

Re: Can I sue the parent of a 16 year old

You have NO obligation to sue anyone. However, you have a RIGHT to sue the juvinile and his parents. The liability of the juvinile will be the actual loss, plus $1,000.00. The liability of the parent(s) responsible for the juvinile will be limited to $5,000.00. Attorneys' fees are recoverable. See the applicable statute below:

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 134. TEXAS THEFT LIABILITY ACT

� 134.005. Recovery

(a) In a suit under this chapter, a person who has sustained damages resulting from theft may recover:

(1) under Section 134.003(a), from a person who commits theft, the amount of actual damages found by the trier of fact and, in addition to actual damages, damages awarded by the trier of fact in a sum not to exceed $ 1,000; or

(2) from a parent or other person who has the duty of control and reasonable discipline of a child, for an action brought under Section 134.003(b), the amount of actual damages found by the trier of fact, not to exceed $ 5,000.

(b) Each person who prevails in a suit under this chapter shall be awarded court costs and reasonable and necessary attorney's fees.

Re: Can I sue the parent of a 16 year old

You certainly have the legal right to sue the parents of the 16 year old for return of your items or the equivalent value in cash. If it's $5,000 or less (but not a penny over) you can sue them in Small Claims. You can only sue them for actual (measurable) damages.