Q. The fence between my yard and my neighbor?s blew down in Hurricane Ike. I took responsibility for replacing the fence and restoring it to the same condition it was before the storm. I have asked my neighbor to pay his half and he has refused. He says he cannot afford to pay for a fence right now. I know times are tough, but how do I force him to pay his share?

A. First, unless you live in an area that has community or civic association rules regarding fences, there is no obligation that anyone install a fence. Some neighborhoods have rules requiring fencing and designating who must pay, but most do not.

Assuming your neighborhood does not have any rules regarding fences, if you want a fence, you must pay for it. Although most neighbors do split the costs of a fence, you cannot force your neighbor to pay. It sounds like he has other expenses that he considers more important. Perhaps you can speak with him and ask that he contribute when he is financially able to do so.

Q. I hired a contractor to add a room to my house. He has hired several subcontractors to perform the work. What is my liability if one of the workers is injured?

A. As a general rule, a property owner is not liable for injury to an employee of a contractor or subcontractor.
Texas law provides that the property owner is liable only if he exercises some control over the manner in which the work is to be performed, other than the right to order the work to start or stop or to inspect progress or receive reports. For example, you could be responsible if you directed the manner in which the subcontractors did their job. You also could be liable if you knew about a dangerous condition that could result in an injury and didn?t take any steps to fix it or warn the worker. In other words, any liability must be based on wrongful conduct on our part. You are not responsible for a worker?s injury simply because you own the property.

Q. I have a small business. I received notice that someone who owes me money just filed a Chapter 7 bankruptcy. What do I do now to get paid?

A. The odds are you will not be paid. Basically, filing a Chapter 7 bankruptcy means that the person will turn over his ?non-exempt? assets to the bankruptcy court, and in exchange he will be discharged from all his debts. The court will divide all the assets between all the creditors. As a creditor, you must file a claim in the bankruptcy court. In Texas, most assets are ?exempt? and, therefore, it is very unlikely you will get much money. Your debt, however, will be discharged and you cannot take any further steps to collect.

Q. Where do I file a small claims court lawsuit? I don?t know what judge represents the precinct where I live?

A. First, I should point out that where you live may not be relevant to where you file your claim. You must file suit either where the person you are suing lives, where the contract was entered into, or where the contract was performed.   Once you determine the proper place to file suit, I suggest you call the clerk of your local justice of the peace with the relevant address and ask what precinct covers that location. The clerk should be able to tell you the proper precinct.

Q. My employer has started requiring that if we are sick, we must have a slip from the doctor to recover sick pay. If we do not have a doctor?s excuse, our sick day will be credited as a vacation day. In most cases, when I am sick a trip to the doctor is not necessary. I now have to go to the doctor and incur these costs, when it really isn't necessary. Is this legal?

A. Basically, as far as the law is concerned, your employer establishes the rules and you have to follow them. There is no requirement your employer give you paid sick days or vacation days. If the employer wants to give you these days off with pay, it has the right to establish the requirements for eligibility.

Do you want to know more about your legal rights? Check out my website, www.peopleslawyer.net