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Son needs help

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A

atwitsend

Guest
My Son has dug himself a Huge Hole and I need help with some questions! Here goes - He is 21 and has a domestic situtation that has turned into a Fiasco! Mainly to him not controling his emotions and reasoning abilities. Due to this he now has a Criminal Mischief Felony Charge & possible Warrant over $1500.00. The only answer I could get from them over the phone is he has not been apprehended which tells me there is a Warrant. Now one of the questions is can I go down to the court and do a so called Discovery to find out what the Charges pertain to ( which I have a Strong suspion already - He tore up a Car)? Can I also find out who Filed these Charges ( Ex signaficate other or Insurance Co.)? They lived together ALL thru the pregancy and 6 mo. after the baby was born. She left and threatened him with the standard you'll never see the ( Baby) again - he lost it! From my understanding the Insurance Co. was Contacted by her and her father and they managed to file a Claim before my Son could drop her off the Policy. The car is in her name & her fathers - does this matter since I believe Texas has a Common Law Policy. Heresay has it that She told the Ins. Co. that She did not Know Who tore the car up. In the meantime she played with his emotions about seeing the Baby and didnot come thru and he proceeded to find the car Again on the repair lot and tear it up again! Since they were Common law married does she or the Ins. Co. have the right to File these Charges or is it considered a Fradulant Claim (it was his Ins. and she was added as an extra driver)? Hindsight is 20- 20, he Now knows he dug himself a pretty deep hole. The Police in the town we are in said on many occasions they could not prevent him from taking the car because of Common Law Marriage but, can she or the Ins. co. File these charges or would as preceived by the Police would this car No matter whos name it is in (her & herfathers) Be considered his property too (this car was bought inside the time frame of the Common law marriage BEFORE dissolved)? We know he needs a lawyer but I am hoping you can give me some answers has to whether or not I can legally find out who filed these charges and where to go from here. Thanks So Much for your time.
 


JETX

Senior Member
Q1) can I go down to the court and do a so called Discovery to find out what the Charges pertain to?
A1) What court?? Do you mean the DA or police??
And the answer is probably not. Your son is 21 years old. He is an adult. He has privacy rights and you, even as his parent, can't violate them.

Q2) Can I also find out who Filed these Charges ( Ex signaficate other or Insurance Co.)?
A2) Again, no. See A1.

Q3) The car is in her name & her fathers - does this matter since I believe Texas has a Common Law Policy. Heresay has it that She told the Ins. Co. that She did not Know Who tore the car up.
A3) What is your question??? What does it matter "who's" car it was if your son did the damage?? And yes, Texas is a Common Law MARRIAGE state. Are you claiming that the two were married by common law? If so, this brings up a whole new can of worms that you probably don't want to get into... marriage, divorce, child support, etc. And what does it matter what she might or might not have told someone. If your son was NOT the insured and NOT related to the insured, then the insurance company would still accept the claim AND then sue your son for the insurance companies loss. Sounds to me like your son is best served by her not saying he did it to them (though they will probably find out from the criminal charges).

Q4) "he proceeded to find the car Again on the repair lot and tear it up again! Since they were Common law married does she or the Ins. Co. have the right to File these Charges or is it considered a Fradulant Claim (it was his Ins. and she was added as an extra driver)?
A4) Man, this is getting too confusing... Were they common law or not? Was the car in her (and her fathers name) as you said earlier?? If so, then the policy can't be 'his with her as an extra driver' as you claim here!!! And who cares who filed the criminal complaint!!! If it is a valid complaint, he gets arrested and charged (as it sounds he should). And, if the insurance company decides to file for insurance fraud, based on your statemetns that he did the damage himself AND then filed a claim on it, your son will be looking at some serious charges then. Why bring all this up.

Summary, help your son become a man. Let him grow up and be responsible. If you continue butting into this 'mans' life, he will never learn to be accountable for his own actions!!

(Captain, we have put the 'flame shields' on full alert and varying harmonics!!! Phasers coming online at full power! Photon torpedoes ready and loaded!!")
 
A

atwitsend

Guest
Thanks Haliket

I know your right Haliket but just HAD to Know. I Greatly appreciate your advice, as bad as we often want to help (parents) we have to let go and this is the time. Thanks Again! Atwitsend
 

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