On this website, I do not always get to give good news, and I am afraid that this is one of these times.Abstract of Judgment - Public Record
The writ or abstract judgement is a public record. This means that it is no different than anything else that may be taken from the court record and anyone can see it. She can send this writ or abstract judgement order anywhere she wants to, I am afraid.Personal Information - Public Record, Within Limit
Your DOB and TDL is public record
as well. There is no law that states that someone's public record cannot be sent to third parties. This is also true about your SSN.
However, there is a limit. If she is simply sending the information with the writ or abstract judgement or a letter stating "this guy owes me money," she can do this.
However, she cannot do the following:
1) Contact your employer/clients/potential clients. Doing so may be cause for (1) INTERFERENCE WITH EXISTING CONTRACT
or (2) INTERFERENCE WITH A PROSPECTIVE CONTRACT.
The elements of a claim of tortious interference with a contract are:
(1) There exists a contract that is subject to interference;
(2) There is a willful and intentional act of interference by the defendant; and
(3) The defendant’s intentional act of interference was a proximate cause of actual damages to the plaintiff. Victoria Bank & Trust Co. v. Brady, 811 S.W.2d 931, 939 (Tex. 1991).
Often, this is applied if one's employer is contacted for no reason.
The elements of claim for tortious interference with prospective contract are:
(1) There must be a “reasonable probability” that the plaintiff would have entered into the prospective relationship or contract;
(2) An “independently tortious or wrongful” act by the defendant that prevented the relationship from occurring;
(3) The defendant did such act with a conscious desire to prevent the relationship from occurring, or knew that the interference was certain or substantially certain to occur as a result of the defendant's conduct; and
(4) The plaintiff suffered actual harm or damage as a result of the defendant's interference. Johnson v. Baylor University, 188 S.W.3d 296, 304 (Tex.App.-Waco 2006, pet denied).
In addition, if she is actually
implying that your identity is stolen and/or harm is done to you in the mailings, or is threatening you, then, this may be cause for INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. The elements of a cause of action for intentional infliction of
emotional distress are:
(1) the defendant acted intentionally or recklessly,
(2) the conduct was extreme and outrageous,
(3) the acts of the defendant caused the plaintiff to suffer
emotional distress; and
(4) the emotional distress suffered by the plaintiff was severe. Kroger Tex. Ltd. Partnership v. Suberu, 216 S.W.3d 788, 796 (Tex.2006); Twyman v. Twyman, 855 S.W.2d 619 (Tex.1993).
Also, attempting to have you hurt may be a criminal matter.
However, this is very subjective. Here, the best thing that might work at the moment is a LETTER from an attorney threatening civil/criminal action as described above unless she ceases and deceases her actions. Even if not pursued in court, the letter itself may act like a threat to her and limit her actions, since she would wish to avoid any litigation
. Such a letter likely will not cost more than $100 or so and using an attorney is best because a letter from an attorney carries more gravitas. May I recommend the Texas Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
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