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.
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...View More
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?
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... View More
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...View More
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... View More
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...View More
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.
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.?
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...View More
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... View More
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...View More
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... View More
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.
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.
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.
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.
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.... View More
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.