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someone burned my property, where do i stand

someone burned my property, where do i stand
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Answered in 1 minute by:
7/16/2013
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,025
Experience: Attorney with 29 years of experience.
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Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Can you elaborate a bit more on the facts of your situation so I can be sure to provide you complete and accurate information? Thanks.
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Customer reply replied 4 years ago

the property owner started a fire on her property and left the premisis. the fire jumped over to my property and burned my hay pasture a calf barn and my fence. my husband spoke with her breifly and the first words out of her mouth was if we were looking for money she doesn't have any. she will not return my calls, and she has seen the property that burned and says the calf barn is not worth anything anyway. by the way she is an attorney. can you tell me law and how i should handle this.

Thanks for following up. On the civil side, you should pursue her for monetary damages. Since she started this fire intentionally, you would be entitled not only to your actual damages, but also punitive damages over and above your actual damages. Then, once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment. Unfortunately, Texas is one of only 4 states that does not allow wage garnishment.

On the criminal side, you can contact the district attorney's office and pursue criminal prosecution for arson.



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Customer reply replied 4 years ago


with her being an attorney, do you think i stand a chance. i have witnesses and pictures of the damage. or do you think i should just back down and not pursue.

Thanks for your reply. Being an attorney is not going to give her any advantage in court. In fact, being an attorney, the court may actually cause her to be at a disadvantage because an attorney should know better. I think you'll do fine in court and if I were you, I would definitely pursue action against her.
Richard
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