QUESTION
Can I sue my son in law for breach of contract?
Asked on Jun 26th, 2014 on General Practice - Texas
More details to this question:
We paid the initial retainer of $2500 for our daughter and son in law to get divorced. Due to his non-responsiveness, the attorney is now withdrawing from the case, and our daughter has not had any response from him to complete paperwork and answer attorney questions so that the divorce could move forward. It has been about 14 months, and I would like to know if I can sue him for the $2500, plus court costs, and any other fees required for the suit since the money is basically gone with no recourse due to his lack of response.
1 ANSWER
No. Or more accurately, you can sue, but you have no claim, particularly for breach of contract (you had no contract with your son in law.) Your daughter, who is a party to the action, might theoretically be able to sue your son in law for abuse of process, but it doesn't sound as if his actions are sufficiently egregious that there would be any merit to her claim. If your son in law has really delayed matters, the court can impose monetary sanctions against him.
Answered on Jun 27th, 2014 at 9:13 AM