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Questions Answered by Gary D. Peak
1 Answer | Asked in Personal Injury for Texas on
Q: I want to know should I pursue small claims court?

Ask stylist through a series of text for certain services. she ruined the hair extensions. The hair not color as requested in the text pic. Hair lifted up the third day of during it. I have to pay someone to remove and replace. She block me for no reason. Don't want to take ownership. Have all... Read more »

Gary D. Peak
Gary D. Peak answered on May 6, 2019

You can file suit in Justice court for any amount under $10,000.00. You better have the hair stylist you say she did it wrong, and who are able to explain how it should have been done, and what is required to correct it, willing to come to court to testify for you.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: My wife is not a citizen of usa she married me just for papers

What can I do If I really feel she married me for papers and when I didn't get them she left moved another man in with my 5 yrs old son after less then a month of dating what can I do how does this affect anything I need advice and yes we are still married and she has been sleeping around on me for... Read more »

Gary D. Peak
Gary D. Peak answered on May 6, 2019

I would recommend you file for divorce and seek custody of your son. I would do so sooner rather than later, as the longer you allow your son to live with another man taking no action, it appears you don't think it is harmful.

Now, until there is a court Order in place you have as much...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: My husband and I are filing for divorce with a minor do I need to file separately for child support and custody?

Do we have to settle child support and custody before divorce is finalize?

Gary D. Peak
Gary D. Peak answered on May 6, 2019

If you are filing for divorce and listing the child in the divorce, which of course you should, that puts custody and support in question.

If he files, you should file an answer to insure a default judgment isn't entered giving him everything.

If both of you use the same attorney...
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1 Answer | Asked in Criminal Law for Texas on
Q: Was offered 5 years prob & pay $3000 restitution for crime I didnt commit. Can I hire another attorney to fight this?

Girl used my name & address to buy wig on a stolen credit card. I have text from her stating it was her. I was never shown any so called proof against me. My lawyer never told me any info or advice. Never asked for proof from me. If I offered he shrugged off. I dont think he fought for me at all. I... Read more »

Gary D. Peak
Gary D. Peak answered on May 6, 2019

You can always hire another attorney to fight for you if you can afford to.

The question is, did you already plea? If so, it is very difficult to set aside the plea.

If you have not accepted the plea, you simply have to find an attorney you feel confident can do a better job....
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: what kind of lawyer do i need to talk to when i NO THAT THE POLICE ARE LYING ABOUT WHAT HAPPEN IN A DEADLY SHOOTING?

the police shot and killed my boyfriend and what they are saying isnt true about how things went down. and i no for a fact the police stole his wallet and the money that was in it...

Gary D. Peak
Gary D. Peak answered on May 6, 2019

First, what evidence do you have showing it didn't happen the way they claim? Witnesses? Video? As you see online all the time, there are video's showing law enforcement using deadly force when not necessary, or using excessive force against citizens. But, before an attorney is willing to spend... Read more »

2 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Texas on
Q: My sister is currently incarcerated, she was put with a enemy while shackled. And injured what kind lawyer could help?

They were known enemies and was supposed to be kept separated. My sister reminded the guard of this, and it was ignored. They got into altercation and my sister arm and wrist was broke. Any suggestion on what kind of lawyer to talk to about filing a formal or criminal charges against the guard or... Read more »

Gary D. Peak
Gary D. Peak answered on May 6, 2019

If this was while in prison it will likely be hard to find an attorney who will take the case. It is just so difficult to pursue a case against the prison system, it almost has to be a death case before one can justify taking the case. If it occured while in county jail, that might be a little... Read more »

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1 Answer | Asked in Collections and Consumer Law for Texas on
Q: Once a civil judgement has been entered, can the creditor send you to a collection agency and ask for more money?

My landlord file suit and was awarded $999 plus court cost. I was alerted by Credit Karma that a collection report had been made on my credit file from the same creditor but the amount is over $5K. Can they do that? When in court, they never asked nor did they receive this amount. What can I do... Read more »

Gary D. Peak
Gary D. Peak answered on May 6, 2019

The answer starts with that depends. If this is an old judgment the post-judgment interest could have raised teh total owed to over $5000. Or possibly the judgment included attorney's fees beig awarded to the creditor. You should get a copy of the judgment if you don't have one and use an online... Read more »

3 Answers | Asked in Criminal Law for Texas on
Q: I had agg.asslt w/deadly wpn chrg against my spouse. Case dismissed. How does she get her firearm back?
Gary D. Peak
Gary D. Peak answered on May 6, 2019

I would have her see if the attorney who represented her will be willing to ask the DA to agree to release or prepare a Motion for her to file if he won't file it. The attorney may charge for this additional service or may be kind enough not to.

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3 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: I was raped and the man is about to go to trial. Can I sue him in civil court for my medical damages?
Gary D. Peak
Gary D. Peak answered on May 6, 2019

This is a prime area of legal practice right now. The problem is, usually the person who committed the offense has few, if any, assets to recover if you get a civil judgment. If you have any idea of the person's financial situation that will be very helpful to know in evaluating whether such a... Read more »

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2 Answers | Asked in Divorce for Texas on
Q: I want to file an uncontested divorce. What if my spouse contests it?
Gary D. Peak
Gary D. Peak answered on May 6, 2019

Attorney's have people come in saying they will have an "uncontested" divorce. Often that is not how it ends up. So, hire an attorney and allow then to file the petition, and prepare a waiver and proposed final decree. You can then see if she will agree. If she does, it will cost you less for... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I have had my daughter for 3 years on temporary orders judge stopped child support on both sides

Now she is returning back to mom can I get credit for 3 years I didn't receive anything and did it on my own?

Gary D. Peak
Gary D. Peak answered on May 6, 2019

If you are still operating under the Temporary Orders, first call the District Clerk and confirm the case is still active, and a Final Order has not been entered. If one has not, I would ask my attorney to set it for Final Hearing. You can request the Judge Order support in the Final Order.... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: What are my rights? Husband is trying to kick me out of the house.

My husband is trying to kick me out of the house and wants me to leave the kids with him. The house is in his name but we bought it while married and we still are. He didnt file for divorce, just told me to pack my things and go, and that he will make sure im not to see my kids again. No way i am... Read more »

Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

It is community property and he would need a court order to do so. If you want custody of the kids, don't leave them.

You should file and have temporary orders entered awarding you the house and kids.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My sons father signed over his visitation rights when my was 2. Can he get his visitation back 12 years later?

I have sole legal physical custody of my son, father has never been involved in his life. The father is refusing to pay me 1/2 of medical bills as recently ordered by the court. He says I have never allowed him to have visitation even though he signed over his visitation rights. If he files a... Read more »

Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

Might be safer to file to Terminate Parental Rights in Texas. He has abandoned and failed to support the child and you should be able to have his rights terminated.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: what should i do if the father of my child will not give her back to me

i sent my daughter to live with him for only a month because of personal reasons. i did not want my daughter in and now that the situation is over he is refusing to give her back to me

Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

If there is already an Order giving you custody you will file a Writ of Attachment or Writ of Habeas to get the child back.

If no Order, then you would have to file either for Divorce, or to establish paternity and seek to get the child back.

1 Answer | Asked in Family Law for Texas on
Q: Where can I find the name of my court order?

I am trying to file a nunc pro tunc (for name change of a child) it asks for the order name

Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

A nunc pro tunc is only used to correct a typographical error in a prior Order. So, this is asking the name of the prior Order with the error you are wanting to correct.

My guess is, numc pro tunc isn't the way to do this, but you need to file a Petition for Name Change, a totally new suit.

1 Answer | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: I'm about to be served divorce papers from my wife. Have property and 3 kids. I need guidance on real estate and family
Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

What questions do you specifically have? Best to schedule an appointment and sit down and discuss them directly. The attorney will have many questions for you too.

1 Answer | Asked in Family Law for Texas on
Q: hi, i am 16 years old and need information about moving out in texas, but with legitimate reasoning.

i am 16 years old and i’m emotionally abused and there have been a few occasions of physical abuse and lots of physical threats. it’s gotten to the point where i need a way out and i have a friend who’s parents know the situation and i trust them wholeheartedly, they’ve opened their house... Read more »

Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

To legally leave you either need to be emancipated, which requires filing a suit in court and asking the court to find you should be able to be considered an adult, or wait until you are 17. Or, the best option would ask your parents to allow you to live with the friend and their parents.

2 Answers | Asked in Domestic Violence, Family Law, Personal Injury, Civil Litigation and Communications Law for Texas on
Q: Can you sue someone for sending emails that curse you out with abusive language in almost every other word.

Could you also sue for defamation in that email since now permanently on a public server since emails are stored forever?

Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

Better to block them and remove them from your life.

You will have trouble finding an attorney who would file such case. No money damages. Just some irritation and frustration.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My sons mom won't allow me to see my son. No apparent reason I can think of. However she was 16 when she got pregnant.

She was 16 and I was 24. She lied to me about her age.

She rather have her current boyfriend around

How can I legally see my son?

Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

If I were you I would not have this disclosure of facts on a public forum. You have admitted you have committed sexual assault of a child.

If I were you, I would likely NEVER make an effort to to see the child. I say that because you could end up in prison and not see the child until they...
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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: 13 year old female tells her mother she had sex with 16year old male
Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

A person under age 14 cannot consent to sex. So there is a presumption if is without consent.

If the 16 year old is more than 3 years older that the 13 year old, that is another problem. While on paper it looks like 3 years, it depends on when the birthdays fall. 13 year old could have...
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