Legal Question in Family Law in Texas
damage to property
We were served papers on my husbands ex-wife. This bill does not belong to my husband. This person getting served the papers has never lived at this address. The process server did not find her correct address and assumed she lived at our home. He damaged out electronic controlled gate trying to get into our yard to serve legal papers on ex-wife. No one answered door and papers were taped to glass door. His boss was told that this person never has lived here (this home was purchased after ex-husband remarried) but processor says tough he won't pay for damaged gate. He insists that ex-wife lives here. What is my recourse? Do I have to have this gate repaired and pay for it myself or is the legal processor company responsible?
2 Answers from Attorneys
Re: damage to property
If under the statutory limits, you can sue the person in small claims court.
You will need to go by the small claims court in your neighborhood and find out how the court handles lawsuits. Some courts require mediation first.
Good luck!
Re: damage to property
The process server has no license to "break and enter" in order to serve papers. He is on the same footing as any burgler. The process company is liable for the damage.
You will, practically, probably have to have the gate repaired in order to ascertain the amount of damage. Then, your suit is against the company for their employee/agent's damage created in the course and scope of employment/agency.
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