I started working for gentleman named Bill in Van Horn Texas I lived in Pecos Texas which is an hour and a half away he told me I could stay on his property and he provided a trailer that utility trailer I turned to see utility trailer into a room and we work together doing roadside services that we would be partners split the tickets in half as far as what we made and I can stay on his property until I ventured off on my own I don't remember exactly what day it is out there in August in August but one morning his daughter pulled up honking her horn and tell me I needed to leave the property I have electricity turned on over there but that's it in my RV was over there she called the sheriff's department and had them remove me from the property and had me trash passed my property is still over there and I can't go get it cuz they told me I had to talk to precinct 3 judge Davis and he had to fill out some paperwork before I could go and ask the sheriff's to escort me out to the property to receive my things I have many things on that property and rumors are being started against me saying that I was I threatened them and that they're scared that I was going to jump the old man and all this just a whole bunch of nonsense really I'm just seeing what I can do or seeing if you could do anything I've looked into some of the Texas laws on eviction and I believe that I was really done wrong very very wrong and they are slandering my name in this town which I didn't deserve and don't deserve any of this
Commonly posed questions include...
Legal Solution
The response provided below is specific to personal property law attorneys in the jurisdiction of Texas, Van Horn. If the response is inadequate, please submit a detailed inquiry.
Wrongful Eviction and Termination in Van Horn, Texas
Upon analyzing your situation, it's evident you're facing potential issues related to wrongful eviction, wrongful termination, and possibly defamation. It seems you had an oral agreement with Bill, which may qualify as a tenancy at will, especially if you paid for utilities or made improvements to the property.
Relevant Texas Laws:
- Texas Property Code § 24.005: Notice to Vacate Prior to Eviction
- Texas Labor Code § 21.051: Discrimination Prohibited
- Texas Civil Practice and Remedies Code § 73.001: Defamation; General Rule
- Homepage of Texas Statutes: Comprehensive database for legal references in Texas.
Possible Solutions:
- Documentation: Collect any proof of the agreement with Bill, such as messages, emails, or witnesses. This could help establish the terms of your arrangement.
- Speak to a Lawyer: A local attorney will be well-versed in Texas' laws and the specific nuances of Van Horn. You can compare lawyers in your area to find one that suits your needs.
- Report the Eviction: If you believe your eviction was illegal, report it to local authorities. Moreover, to get your belongings, consider approaching the Precinct 3 judge, as advised. Before taking any steps, however, it's wise to ask a free legal question or consult a local attorney.
- Defamation Suit: If you can prove the rumors are false and damaging your reputation, you might have grounds for a defamation suit.
Average Legal Fees in Van Horn, Texas:
Legal Service | Average Cost |
---|---|
Consultation | $150 - $300/hour |
Eviction Case Representation | $1,000 - $3,000 |
Wrongful Termination Case | $5,000 - $15,000 |
Defamation Suit | $7,000 - $25,000 |
Note: The above prices are averages and might vary based on the complexity of the case, the reputation of the attorney, and other factors specific to Van Horn.
Further Clarifications:
Your situation sounds quite complex, and the more details you provide, the better the advice you'll receive. Consider reaching out directly to a legal professional in Van Horn to discuss your case in-depth.
- Action: Don't let your rights be infringed upon; find the right lawyer who can guide you through the legal process in Van Horn.
Relevant Questions:
- Did you have any written agreement or understanding with Bill?
- Were there any witnesses present during any verbal agreements?
- Have you documented any improvements or expenses made on the property?
Q1: Can I sue for wrongful eviction even if there was no written lease?
While a written lease is strong evidence, oral agreements can still be legally binding in Texas. Proof of payments or witnesses can help strengthen your case.
Q2: How long does a wrongful termination lawsuit take in Texas?
It varies, but on average, it could take anywhere from a few months to several years, depending on the complexities involved and the legal routes chosen.
Q3: Can I recover damages for defamation in Texas?
Yes, if you can prove that false statements were made about you, caused harm to your reputation, and the person knew they were false or showed reckless disregard for the truth.
Q4: What constitutes an "oral agreement" or "verbal contract" in Texas?
A verbal contract is formed when two parties exchange promises. While they can be legally binding, they're harder to prove than written contracts. Evidence of the agreement, such as texts, emails, or witnesses, can be beneficial.
Q5: How can I retrieve my belongings from a property after an eviction?
Typically, after an eviction in Texas, landlords must store the tenant's belongings and give notice about how they can be retrieved. If denied access, a tenant may need a court order or the assistance of law enforcement.