Odd situtaion looking for some comfort I guess CIVIL COURT ADVICE?

[YankeeMarauder]

This has nothing to do with Marauders, cars, sports, new babies, ex wives, etc. But since everyone has posted some of the above items, I want to get something off my chest.

I have to go to court next week. Its civil court. My 18 year old step son is suing me for $10,000.00 and a 1990 mustang 5.0 LX he says I promised him, which I didnt. He left back in March 2010 at the age of 17 and promptly went to small claims court 2 days later to sue me. Yes, apparently at 17 you can sue someone in the state of Texas. He has been hanging out with people much older than him who gave him the old "you dont have to take his crap" speech. So in a matter of months, I went from "dad" who had raised him from the time he was a 2 month old baby with his older brother who was 14 months, to the evil step dad that tried to ruin his life.

Since he left, he has told everyone about all our personal business, tried to slander his brother and I by stating he was cheating on his girlfriend and I was cheating on his mom and has hopped from house to house since he left since he wont follow the rules.

If he wants to move on with his life, good. I support him. If he wants to hate me and his brother in the process, he and I can accept that as well. But suing the man that raised you from an infant really hurts me and his brother. I have a great relationship with his older brother, my son, Chris. I guess I am just worried about court. How can he say I owe him a car that I never did? He never drove it, he never put a dime into it, he never even cleaned. I let him USE my 1991 LX 5.0 as a daily driver when we had a good relationship since his real father was a burned out POS, didnt have any money and I wasnt going to buy him a car, but there is a huge difference between: "Here, use this. Change the oil, put brakes on when needed and check the belt for wear" versus "Happy birthday, here is a new used car" I made my own son Chris buy both of his Mustangs, why would I give my step son one?

I dunno, I guess I am just looking for answers that arent there.

Anyhoo, I feel better venting

[RacerX]

That's too bad. He has some growing up to do. Has the car ever been in his name? I would advise an atty. just so you don't get the shaft. Criminal court, you're assumed innocent until proven guilty. Civil court you're pretty much guilty until you prove you're innocent. Good luck.

[YankeeMarauder]

No, has never been in his name at all, and never promised anything. This is a scheme concocted by his buddies who are all going to court to say they heard me promise it to him. And of course my wife and son are going to say no one promised him anything.

I have an attorney, but in TX I have had a hard time finding good representation. I had to fire my first attorney who refused to provide me with a bill for services or proof he was doing his job, and also stopped returning my phone calls and e mails. I now have a new one, she is a nice young lady, but she is very new and not real familiar with civil court in my county. I cant find a "big gun" since they are all looking for the big pay off and stay away from small claims courts.

[sailsmen]

Dumb to pay someone who is incompetent. Hire a good atty or don't hire anyone.

[MrBluGruv]

That whole situation sounds absurd, I don't see how anyone could make a case of "but he promised" in a serious legal sense. Last time I checked, that's not a legally binding contract for one, secondly the two of you clearly did not have a meeting of the minds, and thirdly it doesn't make logical sense because he is not contributing anything to the deal (you're the only person with anything to lose in this "contract"). I don't seriously see this going far if the judge has any sense.

I know a brilliant attorney, but he may not be within the realm of where you're looking for. His name is Michael Morris, he has law offices in Seguin and New Braunfels I'm pretty sure.

http://www.avvo.com/attorneys/78130-tx-michael-morris-1778294.html

[Rockettman]

That's really crappy!
I've got to think that if the car was never in his name, he has no case. If the keys were handed to him, and the car was left in your name - say a happy birthday Billy", I don't even know if that constitutes that it's his either.

Please keep something in mind here - not to throw fire on it - but if it's his older buddies supporting this action, you very well might wake up one morning to a beaten-up, scratched-up, and broken Mustang! That would suck! If it doesn't mean that much in the end, and the court says you have to, just let it go. It's been said a million times before...but it's a car. Lose the headache of this kid (I appologize but any kid that would do this....), and car, and be happy with who's left in your life.

Just my 2 cents...I hope I haven't over-stepped my bounds.

[SID210SA]

Wayne Wright is a big atty. down here....he may have offices in Dallas......pretty sure his home office is in Houston. I have never delt with him but he seems like a no BS kind of guy.....he does civil but is mostly an injury firm.

http://www.waynewright.com/practice/civil-lawsuits/

[YankeeMarauder]

MrBluGuy - You are on the mark with my line of thinking as well. And for that matter I have plenty of friends that "promised" their kids college educations that never delivered. I never promised this kid anything, but if I did, and I didnt deliver, it would make me a jerk, but not a criminal. And thanks for the lawyer info. While it is too late for this case, I will call him if I need an appeal (i sure hope not). And as far as the realm of where I need to be, I cant imagine he would be out of my reach too far. I would rather give an attorney $2500 before I give an ungrateful stepshild $0.05

Rocketman - That car has been sold. It was one of my project foxes that I got tired of dumping money into. My wife and I have owned about 40 5.0 Foxes in 17 years. From show cars to interceptors to complete basket cases. It was my only addiction for years (wife says I still need a twelve step) Now its my Marauder. The only Mustang I have left is my 89 5.0 coupe that is a 60k OEM car, I am the second owner. She (and all my rides) are protected by lights and cameras.

[YankeeMarauder]

Cool, thanks Mike. And this isnt one of the boys Im bringing to centerville :D

[RacerX]

Sell it to your real kid for $1.00. Then tell the judge you promised him a used xbox and racing game and at the time you told him, he was all strung out on coke and pcp. :D

[YankeeMarauder]

Hey the best part is his buddy is 23, owns a 2004 Cobra, and he is letting him drive that!! He couldnt drive my 89 5 speed without stalling! I can only imagine what is happeening to this poor cobra!!

[Rockettman]

I'm wondering too, if maybe just the whole lawyer thing is making this worse. I mean, when I had my divorce years ago, the thing that made it all worse and more scarey, were the lawyer's papers. All of a sudden it "hightens" the fears within you.
This kid really has no case (I don't know from a legal standpoint - but I'd be shocked if he did).

How is this 17 year old funding his lawyers by the way? For the money he'd spend fighting you, he could just buy his own Mustang! Wow...what a thought! Maybe someone (not referring to you) should give him a good swift kick in the butt and show him that!

Again I'm sorry for getting so angry about this, I just hate that kids are getting away
with murder (and sometimes actual murder) these days. Where's the common scense anymore!

[Bluerauder]

Not much to go on here from your brief description. If he filed back in March 2010, it looks like you have been sitting on this for more than 6 months. Not much time left before the court date.

JMHO. I think that I would try to sort out what it is that "Lit this kid's fuze"?

1. When did problems/issues begin to develop?
2. What were the primary causes of disagreements/arguments with him?
3. See if there is a pattern or a clear beginning to the issue.
4. Does he perceive that he has been treated unfairly with respect to the other brother, Chris (I assume that Chris is your biological son)?
5. Did you give a car to Chris in the past (or do you plan to)?
6. What is the basis for the $10,000 claim? Rent, lost income, what ????
7. Have you treated both sons equally (age appropriate treatment) from your perspective?

You probably will need to have a fairly good understanding of the above in order to discuss this with an attorney or present the facts to the judge. Just present the facts in a calm and logical way and leave the emotion/anger, etc. outside (if possible) -- Calm & Logical will help your case. Anger & Emotion may hurt your case.

[sailsmen]

Be sure to tell your attorney the good, the bad and the ugly.

Having your attorney blindsided in court usually results in you losing.

[YankeeMarauder]

He does not have an attorney, I retained one. I only did to TRY and protect myself since I am simply a layman and dont know all the ins and outs etc. My family and I live (and love) a drama free life, this is all new to us.

My first attorney just kept billing my credit card and never did anything he said he was (sending letters, making phone calls, filing protective order since he assaulted his older brother, restraining order since he was harassing me, nothing). He kept telling me he had it dismissed and he would send me the papers. After months and I still had received nothing, I called the courts and was informed the case was in full effect and scheduled for trial. Thats when I retained the new lawyer.

I can respect your anger, God knows I have enough of it. I raised both of those boys as my own since they were infants until the youngest ones father came back into his life at age 3 (since my wife was pressing him for child support) then decided he wanted joint custody when he was 12 and I was informed I was "only a stepdad". Stepdads money was good for over a decade with no issues, but now that the hard part is done, real "daddy" wants to step into the sweet spot. Bitter much? you betcha.

We love the women we have chosen, and love the children without exception. And what do we get in return (sometimes)? Absolutely no rights whatsoever and all the bills of a child we can never lay claim to.

I adopted his older brother, my son Chris (and I would have done the same to Ryan if I could have) and it was the best thing I ever did. Chris has his issues, but overall is a stellar young man and wouldnt trade him for the world. Hes 19, has a diploma, has a car, has a job, is respectful, doesnt do drugs or drink and has a clean record, both driving and criminal. Some people say I set the bar a lil low...I think I set it higher than mine so Im proud.

[Rockettman]

^^^^ well said; and well done! ^^^^^

[martyo]

Keep in mind that small claims court generally means no lawyers for individuals.

Handle this yourself. Just be organized and courteous when you appear in court.

[ctrlraven]

Wow that really sucks and I'm sure it hurts also that your stepson would do or go along with it.

Best of luck to you!!

[YankeeMarauder]

1. When did problems/issues begin to develop? - He has always lied and stolen, but this issue began about 2/2009

2. What were the primary causes of disagreements/arguments with him? - He didnt want to follow the rules and his mother and I did not want a (then) 16 year old hanging out with a 21 year old

3. See if there is a pattern or a clear beginning to the issue. -really, 90% of this is all new, since the now 23 year old

4. Does he perceive that he has been treated unfairly with respect to the other brother, Chris (I assume that Chris is your biological son)? - NO, just the opposite. Ryan was spoiled by both his mother and I and his fathers people. His dad doesnt have alot of money, but his parents are fairly well off. Chris is my adopted son, his older brother. It was my wife and my intent to adopt both boys until his father came back into his life. Chris has another bio father that allowed me to adopt him. If anything, Chris had a lot less since all he had was me and his mom.


5. Did you give a car to Chris in the past (or do you plan to)? No, Not to this extent. Christopher got a $700 beater when he got his license that his mom and I bought.
His mom and I went looking for a car similar to that when Ryan was getting his license for her and her ex to buy. We found a 1994 Ford Escort. It was ugly and beat up, but had a good drive train, no CEL or airbag lights and was registered and inspected. Ryan didnt want it cause it was ugly. Christopher at that point had bought a 1991 Mustang from me and I had a 1992 Blue mustang that he liked. I agreed to take the red Mustang back as a trade in, he could by my blue one for the difference in price and I would let Ryan USE the 1991 until he had the money to buy his own. He never did.

6. What is the basis for the $10,000 claim? Rent, lost income, what ???? - I have no idea.

7. Have you treated both sons equally (age appropriate treatment) from your perspective? O yes, as did my parents who stepped in the role as grandparents.
I never spent more on one than the other or ever did more with one than the other. I would set up times to take them out to eat to just "check in" with them both as a team and seperately. Ryan was still quite open until the 23 year old came along.

[YankeeMarauder]

Be sure to tell your attorney the good, the bad and the ugly.

Having your attorney blindsided in court usually results in you losing.

Agreed, I have provided her with everything I can think of. I often think that I gave her too much.

[Vortex]

Id go to court because I dont see how your stepson is entitled to any car or 10,000 dollars unless there is lots more to this story. Also, if he is 17 he is still a minor unless he is emancipated in Texas so I dont see how he has standing in small claims court..

[Pat]

In my city, Bossier City,Louisiana, small claims court adjudicates litigation for a limited amount 2-3K, and no lawyers. both parties have to live in the city not the county. Otherwise it's Justice of the Peace that handles the claim.

I'm surprised that your county even qualified the case for small claims court.

Good advice above. Hope it works out for you. But judges may not have common sense so be prepared for an adverse ruling. I don't think there is an appeal process in small claims court.

[YankeeMarauder]

Id go to court because I dont see how your stepson is entitled to any car or 10,000 dollars unless there is lots more to this story. Also, if he is 17 he is still a minor unless he is emancipated in Texas so I dont see how he has standing in small claims court..

He was 17 when he filed, however he turned 18 in August. And I have been told by both attorneys and the police that 17 is an adult in TX. Sounds like crap to me. Honestly, there is nothing more to this story. All I am guilty of was trying to be a supportive parent and hes simply an ungrateful child. When you are handed everything your whole life, then the honeywell is cut off, I guess you grab at straws to try to continue your lifestyle when you mess up.

[YankeeMarauder]

Thanks everyone. I can only hope that the judge sees that all I am guilty of is trying to keep a child safe and see through all his lies. I will be bringing pictures to court that I have of him vandelizing his own brothers car, as well as text messages from his friends catching them in lies. I, his mother and his brother will be in court to testify against him/them. Its a sad state of affairs to be sure, and this has devistated his mother and my parents...all for the satisfaction of a selfish child.