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I would like to work with a lawyer. I am in Texas. I lost…

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I would like to work with a lawyer.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in Texas.

Lawyer's Assistant: What steps have you taken so far?

I lost the message. I had a locksmith from a reputable company come to do work. I entered a contract and paid 1/2 down. The same company is to install a security system, but two different divisions. The locksmith entered a locked closet where valuable items were stored without permission, he picked the lock and replacled the deadbolt and did not ask me to unlock it. It was the only locked closet in the house. Now a valuable item in range of $4500. is missing.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did not call the police when I made inventory and discovered it missing as it was late on Sat., but when I saw he had changed the lock, I did confront him by saying that closet was locked. I know and have an inventory of every piece in the closet. I did not call the company. I was getting ready to take my husband to the airport for international travel, and at the time, I did not realize it was missing but he had the key and could enter at any time when I was gone. The housekeeper went upstairs to keep a closer eye on him, but the item is gone as well as the bag it was in.

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Answered in 12 minutes by:
3/25/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,282
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your criminal law question this evening. I'm attorney Bill assisting you with your request.

The locksmith can only act under your express authority in removing and replacing locks in your residence

If your permission contractual or verbal was overstepped this would amount to a crime of criminal damage.

Damaging your locks can amount to criminal mischief:

"

a) A person commits an offense if, without the effective consent of the owner:

(1) he intentionally or knowingly damages or destroys the tangible property of the owner;

(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person;  or

(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

(b) Except as provided by Subsections (f) and (h), an offense under this section is:

(1) a Class C misdemeanor if:

(A) the amount of pecuniary loss is less than $100;  or

(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;

(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;

(3) a Class A misdemeanor if:

(A) the amount of pecuniary loss is $750 or more but less than $2,500;  or

(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss;

(4) a state jail felony if the amount of pecuniary loss is:

(A) $2,500 or more but less than $30,000;

(B) less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;

(C) less than $2,500, if the property was a fence used for the production or containment of:

(i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry;  or

(ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code ;  or

(D) less than $30,000 and the actor causes wholly or partly impairment or interruption of public communications, public transportation, public gas or power supply, or other public service, or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;

(5) a felony of the third degree if the amount of the pecuniary loss is $30,000 or more but less than $150,000;

(6) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000;  or

(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more."

The property that has gone missing if wrongfully taken would be a theft crime.

Because these are criminal matters you need to file a complaint with law enforcement for these offenses to be prosecuted.

We are here to help so please follow up with me as required.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in this regard.

Best

Attorney Bill

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Customer reply replied 2 months ago
Thank you. I am a retired Louisiana State Supreme Court Reporter. I appreciate your counsel. May I ask another question and pay for advise. It concerns my contracts for each service with the company, locks and installation $9800, security system $11000. I have paid half.

Yes, it seems to be an unrelated question in that it is a civil question aside from the contractual matter.

You just post another question and I will see to it.

In relation to my previous answer.

remember to rate positively today.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in this regard.

Best

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,282
Experience: Attorney
Verified
Bill Attorney and 87 other Legal Specialists are ready to help you
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Customer reply replied 2 months ago
I will rate you. I had to get off Iphone and have come to computer.
I am trying to make a decision. I can not make a claim for the item on my insurance because the deductible is $5000. and my
premium would go up higher, and I might even get dropped. I feel like if my damages monetarily are $2500-3000. I have paid a cheap price to discover now that my the locksmith is dishonest when I possibly could be robbed later if he thought he might want to come back and unload the contents of the closet. I do feel compromised in my security. I do feel he has violated the public trust and I do feel like in this day an age of angry white men, it is dangerous to confront them. He knows I am home alone because I had to take my husband to the airport for international travel. No other security company will monitor your home with equipment you own, unless you purchase their equipment from them. It is a liability issue for the monitoring company. So I should not allow the security company to complete their work. I do not have the protection I was purchasing in purchasing this particular lock manufacturer if the locksmith is dishonest and it could not be that this is his first opportunity of crime. I am elderly, disabled with degenerative spine disease, so I feel I did not pose a threat to him, but easily could be taken advantage of...my question is do I ask for a discount for the labor and pay only for materials. I have to have additional labor done to rekey, and to tumble pins. Would you think it fair for me to ask for the discount of the additional costs to have locks repinned and new keys, and I will pay for drilling doors, called fresh assembly, but the labor for installation is lost because the locks must all be pulled to rearrange pinning. The labor is about $1600 plus tax plus driving time.
Customer reply replied 2 months ago
I should ask for labor to be removed and compensation for my lost item. I have paid $5000 of a $9800. bill. Do you agree?
Customer reply replied 2 months ago
I have fixed my credit card. Today I filed a complaint with a police officer for the theft. It may be that this locksmith knew previously I was going to France and when I returned too much time would have passed to pin the loss of the item on him, but I canceled without him knowing I was canceling and he had already removed the item early that morning when I was getting my husband packed without knowing I was not going out of town.

This is a separate legal issue as I indicated. Your previous question was in relation to criminal conduct whereas this is for breach of contract and civil liability.

Yes, you can sue for defective performance, incomplete performance and breach of contract in the civil court.

Depending on the amount you are suing for you could sue int he small claims court for smaller amounts up to $10,000

You aren't obliged to make an insurance claim for a contractual breach of tort of a third party.

Please open up a new question to continue with this conversation as it is a new question as I stated.

Best

Attorney Bill

Ask Your Own Legal Question
Customer reply replied 2 months ago
How do I open a new question?

You post a new question and put it for attorney Bill in the caption.

Best

Bill

Ask Your Own Legal Question
Customer reply replied 2 months ago
How do I find the page for rating and do I rate you each question answered?

Customer services can help you with site details and posting a new question or rating:

http://ww2.justanswer.com/customer-support

These things aren't something I have an input on.

Thanks

Attorney Bill

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