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civil rights

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germany

Guest
What is the name of your state? Waxahachie, texas
hi
i was wondering if anyone could help me with a problem i have.
is it not true that when you fill out an application to purchase anything, such as car,house,mobile home etc,that any information given is protected by the right to privacy law???
i recently found out that i filled out an application to purchase a home and a person who was looking for me went to the home dealer and asked them for a copy of my application and they gave it to her???
is that not against the law??? and to let you know that woman was not a cop or any cind of lawenforcement official, she is a regular person who was trying to find me. where they right to do that or could i suit them for violating my right to privacy??

also, are you required in the state of texas whenever you buy anything and you are married that your spouse has to sign the papers too???

also, when you buy anything in the marriage and your spouse does not know anything about that, and you did not tell them about it for personal reasons. then the person who you where buying lets say a house from turned around called your second residence home,which telephone number she obtained through the other illegal move on her part,she then called the spouse and revealed everything to him. but he is not a signer on any papers that have to do with the purchase of the home; that seller illegaly obtained your private home phone number and revealed all the personal ongoings to your spouse who has absolutely nothing to do with it???
are these two things not against the law???
to reveal all your information to a third party, who is not a signer or anything on the papers for purchasing the mobile home and was is not wrong for the mobile home dealer to give that land owner a copy of the application which was filled out for the purchase of the home, not the land???
what can we do about this???

thanks,germany
 


R

Rowbear

Guest
It appears you are confused on whether the right of privacy is a civil or criminal action. If someone has disseminated personal information about you that they shouldn’t have and this action has caused you financial harm than you may be able to find that person liable in a civil suit. If a person has broken the law by providing information to others and the law says they can't, it would be best if you complain to law enforcement about this issue. The best way to handle this issue is to complain to the Better Business Bureau and place a black mark on their business for future customers to be warned. Also inform them you are an unsatisfied customer and you will take your business elsewhere!!
 
G

germany

Guest
right to privacy

Rowbear said:
It appears you are confused on whether the right of privacy is a civil or criminal action. If someone has disseminated personal information about you that they shouldn’t have and this action has caused you financial harm than you may be able to find that person liable in a civil suit. If a person has broken the law by providing information to others and the law says they can't, it would be best if you complain to law enforcement about this issue. The best way to handle this issue is to complain to the Better Business Bureau and place a black mark on their business for future customers to be warned. Also inform them you are an unsatisfied customer and you will take your business elsewhere!!
hi rowbear

just wanted to drop a line and say thank you for your reply to my question
the thing of it is, that the mobile home dealer releasing all that information to that second party, may have caused severe marital problems and might even end up in divorce because that second party contacted the husband and told him everything about the land purchase and all that
he was not aware of any of that going on sych as his wife buying any land or a mobile home; so do you where that lawsuit is coming from
if iam correct it is against the law to release any information to anyone else unless authorized by you to do so

the second comes from a finace company doing the and more
they called the home told the husband everything, about the financing of the mobile home and even after they where told not to call her anymore at her primary residence they still continued to do so
which in turn i know also violated a law they just passed saying that after verbal and written request no one can conitnue to harass you on the phone, once you tell them to stop

so, how about it???
germany
 
R

Rowbear

Guest
I know that lawyers have rules that cannot divulge what a client says to them in confidence. Doctors cannot reveal details due to Doctor - Patient privileges. What is being proposed in this case is that a real-estate salesman cannot reveal the details of a sale? The person that the details were revealed to was the buyer's spouse (husband) and as a result of this revelation the spouse has threaten the buyer (the wife in this case) with a divorce. Due to this threat of divorce that was received from the husband, the buyer (wife) is now going to take the salesman to court for liability of revealing the information to the spouse. If you think I have the facts correct, I should be able to calculate the amount the judge or jury will award this couple. Since the judgement will be a whopping one too, it will resolve any marital problems between the two also!!
 
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G

germany

Guest
Rowbear said:
I know that lawyers have rules that cannot divulge what a client says to them in confidence. Doctors cannot reveal details due to Doctor - Patient privileges. What is being proposed in this case is that a real-estate salesman cannot reveal the details of a sale? The person that the details were revealed to was the buyer's spouse (husband) and as a result of this revelation the spouse has threaten the buyer (the wife in this case) with a divorce. Due to this threat of divorce that was received from the husband, the buyer (wife) is now going to take the salesman to court for liability of revealing the information to the spouse. If you think I have the facts correct, I should be able to calculate the amount the judge or jury will award this couple. Since the judgement will be a whopping one too, it will resolve any marital problems between the two also!!
hi rowbear

nice to hear from you again
i amhappy to know that the law is on our side and that the lawsuit will bring a whooping amount of cash that will make everyone happy
but not only will the lawsuit commence, but we will also file a complaint with the BBB, count on that!!!!

i appreciate all your help

germany

:D
 
B

Boxcarbill

Guest
Re: right to privacy

germany said:
hi rowbear

just wanted to drop a line and say thank you for your reply to my question
the thing of it is, that the mobile home dealer releasing all that information to that second party, may have caused severe marital problems and might even end up in divorce because that second party contacted the husband and told him everything about the land purchase and all that
he was not aware of any of that going on sych as his wife buying any land or a mobile home; so do you where that lawsuit is coming from
if iam correct it is against the law to release any information to anyone else unless authorized by you to do so

the second comes from a finace company doing the and more
they called the home told the husband everything, about the financing of the mobile home and even after they where told not to call her anymore at her primary residence they still continued to do so
which in turn i know also violated a law they just passed saying that after verbal and written request no one can conitnue to harass you on the phone, once you tell them to stop

so, how about it???
germany
Let me tell you something about community property under Texas law. All property acquired during the marriage except by gift, devise or descent or an award for personal bodily injury and/or loss is community property. The spouse claiming property to be separate property has the burden of proof and must trace and clearly prove the separate property. All debt incurred during the marriage is community debt. The exception is IF the creditor agreed in writing that the debt is to be repaid from the spouse's sole separate property and the spouse has sufficient separate property in existence in which to repay the debt. Salaries of each of the spouses,in Texas, is community property. Interest from separate property is also community property in Texas. So what I'm trying to tell you is the disclosure to the spouse is without merit--regardless of whether it leads to divorce, although the husband would have a good argument for fraud of the behalf of the wife! Both spouses own a one-half, undivided interest in community property and both spouses community property is at risk if the loan isn't paid and both spouses credit will be at risk if the note isn't repaid.
 
R

Rowbear

Guest
Great news, go get them. Just remember you have a statue of limitations you must file or your case will be denied. The best bet is to go to the courthouse tomorrow when it opens at 8:00am and get your case rolling.
 
B

Boxcarbill

Guest
Oh, one more thing. This is not a constitutional question or a U.S. Supreme court question. Either family law general question or Real Estate Law would be a better choice.
 
G

germany

Guest
Re: Re: right to privacy

Boxcarbill said:
Let me tell you something about community property under Texas law. All property acquired during the marriage except by gift, devise or descent or an award for personal bodily injury and/or loss is community property. The spouse claiming property to be separate property has the burden of proof and must trace and clearly prove the separate property. All debt incurred during the marriage is community debt. The exception is IF the creditor agreed in writing that the debt is to be repaid from the spouse's sole separate property and the spouse has sufficient separate property in existence in which to repay the debt. Salaries of each of the spouses,in Texas, is community property. Interest from separate property is also community property in Texas. So what I'm trying to tell you is the disclosure to the spouse is without merit--regardless of whether it leads to divorce, although the husband would have a good argument for fraud of the behalf of the wife! Both spouses own a one-half, undivided interest in community property and both spouses community property is at risk if the loan isn't paid and both spouses credit will be at risk if the note isn't repaid.

hi
so you are telling me then that all these married people who go out and decide to buy something and have put in their Name only, are committing fraud against the other half???
Well, that means then that the Finance Company who financed the purchase committed an illegal Act too, by allowing her to buy it and finace it in her Name only
i do not believe that any Finance Company would leave themselves open like that, for a Lawsuit by the other Spouse
where i work there are just too many married people buying stuff alone without their spouses knowing about it or their Name even on it, and if that is fraud against the spouse that means we ahve an awful lot of lawbreakers in this country willing to go to jail over a car or whatever
sorry, but i do not believe that for one minute
if the finance company let her buy it without the husbands knowledge that makes good enough for me, telling me it is ok in the state of texas to buy thing seperately from your spouse without committing fraud or other things

sorry , but that i do not believe

germany
 
B

Boxcarbill

Guest
Re: Re: Re: right to privacy

germany said:
hi
so you are telling me then that all these married people who go out and decide to buy something and have put in their Name only, are committing fraud against the other half???
Well, that means then that the Finance Company who financed the purchase committed an illegal Act too, by allowing her to buy it and finace it in her Name only
i do not believe that any Finance Company would leave themselves open like that, for a Lawsuit by the other Spouse
where i work there are just too many married people buying stuff alone without their spouses knowing about it or their Name even on it, and if that is fraud against the spouse that means we ahve an awful lot of lawbreakers in this country willing to go to jail over a car or whatever
sorry, but i do not believe that for one minute
if the finance company let her buy it without the husbands knowledge that makes good enough for me, telling me it is ok in the state of texas to buy thing seperately from your spouse without committing fraud or other things

sorry , but that i do not believe

germany

I thought I did an excellent job of breaking this down into pablum form for a none lawyer to understand. I suggest that you go back through my post and read each word carefully. It is crystal clear. Yes, in the case of a divorce in Texas, when one party purchases community property (and this is community property) and hides that property from the other spouse (this person certainly went out of there way to do so and failed only because of the third party disclosure to the husband) that would have been fraud.
 
R

Rowbear

Guest
You did make an excellent brief Boxcarbill. It is very strong and compelling. It cannot be argued with and the only response from the originator can be that of non-belief. It is so because you have not supported originator’s problem, but you have set it back only to have it argued in endless circles of disbelief. You have lost this case, even before it has been filed, even before a lawyer has been retained, and only after an announcement of satisfaction.
 
G

germany

Guest
Re: Re: Re: Re: right to privacy

Boxcarbill said:
I thought I did an excellent job of breaking this down into pablum form for a none lawyer to understand. I suggest that you go back through my post and read each word carefully. It is crystal clear. Yes, in the case of a divorce in Texas, when one party purchases community property (and this is community property) and hides that property from the other spouse (this person certainly went out of there way to do so and failed only because of the third party disclosure to the husband) that would have been fraud.

hi
let me tell you "fraud" my royal behind
if thats the case there would be a heck of a lot of lawsuits going on right now
so, if that is your opinion thats fine by me, but lawwise i do not buy that, i am sorry
the courts be so busy not knowing what to do with all these people
and as i said earlier, if that is considered fraud, do you honestly believe that big finance companies and all them would go along with that??? i doubt that very seriously
and i am pretty sure that they know the law and whats allowed and what not better then anybody
i do not belive for one minute that they would be that stupid,sorry but no sorry

germany
 
B

Boxcarbill

Guest
Re: Re: Re: Re: Re: right to privacy

germany said:
hi
let me tell you "fraud" my royal behind
if thats the case there would be a heck of a lot of lawsuits going on right now
so, if that is your opinion thats fine by me, but lawwise i do not buy that, i am sorry
the courts be so busy not knowing what to do with all these people
and as i said earlier, if that is considered fraud, do you honestly believe that big finance companies and all them would go along with that??? i doubt that very seriously
and i am pretty sure that they know the law and whats allowed and what not better then anybody
i do not belive for one minute that they would be that stupid,sorry but no sorry

germany
Frankly me dear, I don't give a damn what you believe. It won't make me or cost me a cent either way.
 
G

germany

Guest
Re: Re: Re: Re: Re: Re: right to privacy

Boxcarbill said:
Frankly me dear, I don't give a damn what you believe. It won't make me or cost me a cent either way.
hey man
no erason to get nasty now
if you cant handle the heat to play with the candle --you know
there was nop reason to get all nasty now, was there???
you have your opinion and i have mine
so, why get all nasty about it???

germany
 
B

Boxcarbill

Guest
Re: Re: Re: Re: Re: Re: Re: right to privacy

germany said:
hey man
no erason to get nasty now
if you cant handle the heat to play with the candle --you know
there was nop reason to get all nasty now, was there???
you have your opinion and i have mine
so, why get all nasty about it???

germany
Look oh bright one. I'm not the one who came here asking for opinions. You were. I just happen to know the answers and was willing to share it with you free of charge. You can look in the phone book in the yellow pages and call the 1-800-number for the Texas state bar referral service and they will provide you with several names of lawyers who practice in real estate and family law in your county. If, however, you were as bright as you think you are , you could have found out just what my free advice was worth by clicking onto the profile under my post or by typing in "Boxcarbill" in the window in the lower right hand corner of the opening page entitled "search this window" and then read some of those posts and see if "It walks like a duck and quacks like a duck that it may will be that you got free advice from a duck."

Now, I'm through wasting my time and knowledge on you.
 

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