Q: What type of Lawyer do I need to sue someone who has taken property that does not belong to them in Texas?
I'll keep this short as possible. Divorced a woman that I did not have children with but I had my own children. During the course of the divorce, she was granted sole exclusive use of the house and I was not. During that time her and her family liquidated my adult children's assets (who by the way we're in the military at the time). Law-enforcement refuses to get involved because as soon as they hear the word divorce they immediately respond "civil matter!" I'm not a lawyer but I don't believe it's legal for one adult to take another adults belongings that they are not related to or have a marriage certificate with and just do as they please. We're talking about vehicles and guns mostly. My sons are Car and Thusi asked and these were project vehicles that were incomplete so the title had not been transferred yet
A:
Because your children are adults, they will need to hire an attorney, not you. An attorney with experience in civil litigation in or near the county where the property was taken ought to be able to file a lawsuit for conversion and under the Texas Theft Liability Act. Because of the nature of the alleged act, it is unlikely your ex-wife's insurance would cover her actions in this instance. So they should be prepared to pay a reasonable hourly rate and to deposit a reasonable initial retainer.
If they prevail, they ought to be able to recover the fair market value of the items taken as of the date they were taken. If the combined value of the items taken is $20,000 or less, they could file this type of lawsuit themselves in small claims court. An attorney is usually not necessary or appropriate in small claims court, as they would unquestionably pay more than $20,000 in attorney fees for a case of this nature.
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