Legal Question in Family Law in Texas

Mother taken from home then coerced into suing son.

A mother with poor eye sight and hearing was tricked by oldest son(A) into ''going on vacation''. before leaving the state, she was taken to an attorney and a civil suit was filed against a younger son(B) Now, mother wants to return home and also asserts that she had no intention of sueing her younger son and that she signed the papers because she was told to by her oldest son(A). Mother calls the attorney's office to stop the suit, however the attorney calls oldest son(A)instead. How can mother stop the suit if the lawyer does not return her calls?


Asked on 7/16/02, 6:06 am

2 Answers from Attorneys

Laura D. Heard Law Office of Laura D. Heard

Re: Mother taken from home then coerced into suing son.

Your question is a little vague, but my understanding is that the mother was tricked by the older son into signing something with an attorney to file a suit against the younger son. Since the attorney does not seem responsive to her desires, she should hire a new attorney who will represent her. The new attorney will then tell the old attorney that he has been replaced in representing mom. The new attorney can substitute in as attorney of record with the court and file a non-suit to dismiss the lawsuit, provided that mom is the only plaintiff (person bringing the suit) and no counterclaim has been filed. If older brother is also a party to the suit, his part of the suit will go on. Mom should first write to the old attorney and demand a photocopy of the petition that was filed, so that the new attorney will know exactly what the suit is all about, who the parties are, and where it was filed. Mom will also probably need to sign a request (drawn up by one of the attorneys) to transfer the file from the old attorney to the new one. The new attorney will need to sort through all the facts as to what was filed and why.

Read more
Answered on 7/23/02, 1:31 am
Jean Sudduth Jean Sudduth, Attorney at law

Re: Mother taken from home then coerced into suing son.

This question is too vague for an answer. With more details I might be able to give meaninful advice. My phone number is 817 261-2671. If the mother knows what court this was filed in she could probably call the court itself.

Read more
Answered on 7/16/02, 11:16 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas