Legal Question in Civil Litigation in Texas

My son lived here for 8 mos. suspect he was using drugs. I opened his bank statement to see how he was managing his money bec I had told him if I suspected drug use, which I did, he would have to leave. He found out I opened his mail and he's threatening me with legal action. Does he have a case? He thinks he can get a bunch of money from me. He is desperate for money and is angry we made him leave. His behavior is erratic and I've become afraid of him. Thank you.


Asked on 7/06/13, 6:29 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Your last few words alarm me -- "you are afraid of him" -- this really alarms me.

Let me try to give you some quick advice. I've not talked to you so I'll just try to give you some ideas to lead you in the right direction.

If he is on drugs you might have every reason to fear him.

You don't state your age, so I am not sure what you should do.

I used to do indigent legal care at Houston Volunteer Lawyer many years ago so I'll give you several ideas.

You might want to call Adult Protective Services. You might be able to have them help you if you are afraid of him. They protect the elderly if their adult children are potentially harming them. They might have several ideas to help you. Even if you are not old enough, they might be able to give you some good ideas. They have staff that have stories like your many, many times.

You might want to call the local police, sheriff or constable and see if they can help you.

Again, their staff have heard stories like your many times. They are there to protect you.

At least they can be aware of the problem in your home. Perhaps they can give you some ideas on what to do.

You might want to start eviction at your local small claims court against him.

If you feel that he is mentally unstable, you might be able to get a mental health warrant against him and get him temporarily removed from your home.

Unfortunately, this might not just be a legal problem. It could also be a safety problem.

I wish I could give you more advice but I am concerned for your safety. If in doubt, leave your home and go to the police for help. Your life and your safety are more important right now. If he is on drugs then he is not going to behave in a rational or sane manner. He could become violent.

If your son is on drugs, he is no longer the son that you used to know. He is a "stranger". He is not thinking straight. You cannot treat him like your son. You need to be very careful. If he "needs" drugs. Then that is all that he is thinking about. He will do anything to get drugs. He will do something "stupid" to get the drugs. Please, please, please be careful.

You need to get him help.

I hope this is helpful for you. You are not alone. Many families go through this. You need to get on the phone and seek out help.

You can certainly call a local attorney to help you. Look on this website and on www.avvo.com for a general civil attorney in your county. You might need someone to evict him.

Regarding your son suing you. He would need money to hire someone to sue it. It takes time and money. It does not appear that he has any money to hire an attorney so he is just "blowing smoke" and trying to scare you. How has he been damaged? He would have to prove that he has been damaged in order to win. Also a judge does not like children that sue their parents. Judges also don't like drug addicts. But don't confront him about this matter. It will only anger him. He sounds like he is desperate. Desperate people do dumb things.

Please be careful. I hope this has been helpful to you.

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Answered on 7/08/13, 9:12 am


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