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Posted by Kevin Willcutts on September 16, 1998 at 14:20:24:

Quick scenario,
Landlord gave an illegal eviction notice constituting harassment and
retaliation for previous repairs.

I have complete documentation of the entire ordeal, and am not putting
up with this. I have decided to sue for retaliation and get the hell out
of dodge.

My claim will be (as prescribed in Texas), one months rent, $500
retaliation penalty, moving expenses, lost wages during the actual move,
security deposit, and court costs.

My questions:
1) this is in the jurisdiction of the justice of the peace,
correct?

2) Use an attorney or not? (JPs don't require it and some say
the layman approach is softer and better received.
Note: I have all the evidence I need, says my free attorney advocate.)

3) Do I need to abandon the unit before filing the claim? If not, do
I need to abandon if I intend to claim moving costs.

4) Assume I win and he doesn't pay. Is it true that I can file for
a court order to garnish rent checks from other tenants as payment?

5) Anyone in Houston out there want to be my attorney?

Thanks for any and all help!!!!

Follow Ups:

• I sued my landloard in small claims court Feona Distler 9/18/98 (0)

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Comments:
: Quick scenario,
: Landlord gave an illegal eviction notice constituting harassment and
: retaliation for previous repairs.

: I have complete documentation of the entire ordeal, and am not putting
: up with this.  I have decided to sue for retaliation and get the hell out
: of dodge.

: My claim will be (as prescribed in Texas), one months rent, $500 
: retaliation penalty, moving expenses, lost wages during the actual move,
: security deposit, and court costs.

: My questions:
: 1) this is in the jurisdiction of the justice of the peace,
: correct?

: 2) Use an attorney or not?  (JPs don't require it and some say
: the layman approach is softer and better received.
: Note:  I have all the evidence I need, says my free attorney advocate.)

: 3)  Do I need to abandon the unit before filing the claim?  If not, do
: I need to abandon if I intend to claim moving costs.

: 4)  Assume I win and he doesn't pay.  Is it true that I can file for
: a court order to garnish rent checks from other tenants as payment?

: 5) Anyone in Houston out there want to be my attorney?

: Thanks for any and all help!!!!


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