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Questions Answered by Jack Ternan

1 Answer | Asked in Civil Litigation for Texas on

Q: In civil court, am I able to sue a person for more than just the assests they own, if he did fraud. I live in Texas.

The person Im suing has 100,000 worth of assets. Can I sue him for triple this amount. He did fraud in civil court. Or can I sue him for any amount for stress, damages, fees. It been 3 years we fighting and I dont want to settle. Is it up to the judge.

Jack Ternan answered on Sep 13, 2018

You can sue him for any amount of damages, and you can get a judgment for whatever amount the evidence supports. Of course, you cannot collect a judgment for more than the person has in assets (unless they have a wealthy benefactor that will pay it for them), and if the person only has $100,000 in... Read more »

1 Answer | Asked in Civil Litigation for Texas on

Q: I was served alcohol before I signed a mediation agreement that was served to me by the opposing counsel.

My lawyer was missing for hours at mediation and my opponent scared me and insisted we drink before we signed the mediation agreement. His attorney left mediation and brought back alcohol. Is serving alcohol before signing a mediation agreement and alone without my attorney normal?

Jack Ternan answered on Aug 8, 2018

The opposing attorney should not be speaking to you at all without your attorney being present (with or without alcohol).

1 Answer | Asked in Appeals / Appellate Law for Texas on

Q: Can you appeal a small claims court decision?

Jack Ternan answered on Aug 8, 2018

Yes. Such appeals go to the county court at law (if such a court exists in your county).

1 Answer | Asked in Appeals / Appellate Law for Texas on

Q: Can you appeal an arbitration decision to a regular court under certain circumstances?

Jack Ternan answered on Mar 26, 2018

Sort of. There is a method of challenging arbitration awards in court, but it is not technically an appeal. It is difficult to overturn an award in court.

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on

Q: Shared fence, shared cost but neighbor took it down.

Two years ago neighbor and I shared the cost of a shared fence. His contractor installed the fence entirely on his property in error. My neighbor and I had a falling out and he just went and moved the fence in it’s entireity further on to his property. I’m am now without a boundary fence. Is he... Read more »

Jack Ternan answered on Nov 21, 2017

Texas Agriculture Code § 143.121 prohibits the removal of a jointly owned fence without the consent of both owners. You are entitled to obtain payment for the cost of replacing the prior fence, and there is a theoretical criminal penalty but that would depend on the district attorney where you... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Texas on

Q: My conflict calls for arbitration but the defendant has defrauded my company. I want to file a lawsuit. can I?

My business hired another business to make my product and the contract says it will be settled by mediation and arbitration. The defendant took my money violated my Non Disclosure Agreement and never made the product. I want to file a law suit but still go to mediation. How can an arbitrator... Read more »

Jack Ternan answered on Nov 20, 2017

Arbitrators can address fraud claims and enter an award for fraudulent conduct. An attorney would need to see your arbitration agreement to advise whether it is possible to avoid arbitration. Also, it is possible to file a lawsuit and force the other side to expend resources to compel arbitration... Read more »

1 Answer | Asked in Employment Law for Texas on

Q: can I work for a company eve though I have a non- compete agreement?

I signed a 2 year Non-Compete Agreement that would prohibit me from working for another aviation staffing company within 50 miles of their office. But I only worked 1 week and a day with that company. I found a job that is 23 miles from that company.

Jack Ternan answered on Nov 20, 2017

The answer to this question depends on the terms of the agreement and your new company. Is your new company a competitor? If so, you might not be able to work for them.

1 Answer | Asked in Arbitration / Mediation Law for Texas on

Q: Is arbitration a good way to settle a dispute over ownership.

mother in law set up a trust in massachusetts.........then she moved to texas she bought property in texas that is in that trust person who has control of the trust is not a family member. Can we go into arbitration with that person so that we can keep the property mother in law bought.?

Jack Ternan answered on Nov 20, 2017

The answer to this question depends on the terms of the trust agreement (or any other contract that might contain an arbitration clause). Unless there's an agreement to arbitrate, you cannot force the other side to arbitrate. Depending on the issue, it may not be beneficial for any side to... Read more »

1 Answer | Asked in Business Formation and Tax Law for Texas on

Q: I created an LLC. I submitted a 2553 to become an s-corp. What do I do for franchise taxes?

Jack Ternan answered on Nov 17, 2017

If you created the LLC in Texas, the Comptroller's office normally sends a mailer to the registered agent's address with information on how to file franchise tax reports and pay any amounts owed.

2 Answers | Asked in Estate Planning and Probate for Texas on

Q: My mother passed away on 10/31/17. The custodian of my mother's will, will not provide us with a copy.

I do not know if this person was specifically stated as the executor of the will in the will itself. Me and my brother both feel she might be hiding something that is stated in the will itself. The will has not been filed in probate as of 11/17/17. What legal means, if any, do we have to make sure... Read more »

Jack Ternan answered on Nov 17, 2017

Under Chapter 252 of the Texas Estates Code, a person with custody of a will who has notice of the person's death is legally obligated to provide the will to the clerk in the county with jurisdiction. There is a legal process to compel the person to do so, including jailing the person with custody... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Texas on

Q: I won a small claims case back in 2011 for $4,000. Never got my money. Is there a statue of limitations?

Jack Ternan answered on Nov 17, 2017

Texas judgments normally last 10 years and can be renewed.

1 Answer | Asked in Family Law, Contracts, Civil Litigation and Consumer Law for Texas on

Q: Can a co-signer of student loan take legal action for repayment even though the loan in its entirety is paid off

Co-signer has paid off the full loan amount and has now taken action with an attorney to make me pay the loan amount back to. I've received by letter certified mail outlining the repayment structure however I feel as this walks a grey area due to the fact that student loans hold both parties joint... Read more »

Jack Ternan answered on Nov 17, 2017

Yes

1 Answer | Asked in Civil Litigation and Constitutional Law for Texas on

Q: Explain the right to not be deprived of life liberty or property without due process

Jack Ternan answered on Nov 17, 2017

This is a fairly vague question; however, the phrase means that a person cannot be deprived of life, liberty, or property without due process. "Due process" means a variety of things depending on the situation.

1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for Texas on

Q: What is the process for getting money back from a roofing contractor for services not performed?

Deposit paid; no services provided; calls and text messages have not been returned and original contract date was Oct. 9th so it has been over a month. Reviews on Angie's List were good and local neighborhood website was good so we did get reviews.

Jack Ternan answered on Nov 17, 2017

It is difficult to answer this question without additional information. You should contact an attorney. It is generally difficult to recover funds from a contractor, but sometimes a civil suit can be fruitful.

1 Answer | Asked in Business Law for Texas on

Q: If I own a C-corp, and I see another competitor advertising on AdWords using my business name verbatum, what can I do?

The ad Reads as Follows:

_Roadway Striping Inc - Most Professional Service 24/7

[ad] www.centraltexasstriping.com/stripingservice (210) 920-5088

We're a Premier Striping Company. Call Us Today for Free Consultation!

Premier Company · Free Quotes · 24/7 Service ·... Read more »

Jack Ternan answered on Nov 17, 2017

Yes, this is trademark infringement.

1 Answer | Asked in Business Law for Texas on

Q: Can Majority of the shareholders dissolve their company. 55% to 45%. Two owners equal 55%, 1-45%. This is in Texas.

Jack Ternan answered on Nov 17, 2017

It depends on how the company is structured, but generally shareholders cannot dissolve a corporation, only the board of directors can do that.

1 Answer | Asked in Employment Law and Business Law for Texas on

Q: Can I be fired from my job because I went to a competitor's establishment and they posted a picture of me there

I worked at a coffee shop that is only drive thru, there is another coffee shop that offers a place to sit down and wifi so I will go there to do my homework. Recently the competing coffee shop that offers the wifi took a picture of me and posted it to their social media which resulted in my firing.

Jack Ternan answered on Nov 17, 2017

Yes

1 Answer | Asked in Business Law and Contracts for Texas on

Q: I made an oral contract, a free favor. I was unable to do the task. Am I at risk in court?

I was asked to replace a shower head, oral contract. I was to receive nothing for my service. I met with him to pick up the key to the house & he left me a small bag of stuff that might help do the task. Something came up, and I couldn't make it, I still have the stuff he gave me, unused. Now he's... Read more »

Jack Ternan answered on Nov 17, 2017

You are always at risk if you do not answer a lawsuit.

1 Answer | Asked in Business Law for Texas on

Q: does a private company have a legal obligation to archive emails for any period of time

Company is a filed as a corporation, located in texas and does business across state lines

Jack Ternan answered on Nov 17, 2017

The answer to this question depends on the type of business. For instance, various financial companies are obligated to keep all emails. Also, if litigation is "anticipated," then there is a duty to preserve evidence. Some companies should always been anticipating litigation.

1 Answer | Asked in Appeals / Appellate Law for Texas on

Q: Failure to adequately brief contentions is why appeals court affirmed trial court judgment. How to appeal further?

Jack Ternan answered on Nov 17, 2017

If you failed to adequately brief an issue in the intermediate court of appeals, the Supreme Court/Court of Criminal Appeals is unlikely to take your case. However, you can attempt to appeal further.

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