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Questions Answered by Leroy Scott
1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Lease was up. Never went in to sign a new lease. Behind on rent due. Got Eviction notice

Called and talked to her have done a promise to pay before said she don't do that when I have done it before. Told her I was waiting on taxs due to losing job thought they would have came in by the day I said but the did not. Can i still get evicted if I never signed a new lease? And would she... Read more »

Leroy Scott
Leroy Scott
answered on Apr 3, 2022

Yes, a landlord can evict a tenant even after the lease has expired. Without more information, it's hard to answer the second question about the date being wrong.

1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for Texas on
Q: I bought a car and have proof they have received all the money owed. The person who sold me the car had a lien on the

Title. The car was repossessed after I fired their son and I guess they stopped making payments then. The Lien holder gave me the car with my name as the customer without any payment due and I have a paper with all information saying so. Would the car then be mine?

The first part of the... Read more »

Leroy Scott
Leroy Scott
answered on Apr 3, 2022

If you only paid the lienholder, but not the actual seller, then the vehicle would still belong to the seller. The lienholder can only release its lien; it cannot give you title to the vehicle (unless the lienholder had repoed the vehicle).

If you only paid the seller, but not the...
Read more »

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: A semi smashed into our new 43 ft 5th wheel causing extreme damages while we were parked overnight at a Pilot Truck stop

Progressive hired an attorney ASAP because I'm an investigator & told them I knew insurance tactics. The adjuster had already low balled the damages. The 5th Wheel is under warranty & parts are in short supply. Nobody was hurt in the accident except my daughter is having nightmares... Read more »

Leroy Scott
Leroy Scott
answered on Apr 12, 2022

Sorry to hear that no PI lawyers are willing to take your case. I started to provide legal information, but realized that it's unclear where the incident happened. Did this happen in PA or in TX?

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1 Answer | Asked in Consumer Law for Texas on
Q: If I have paid in a consumer lease agreement for a piano rental more that the current price of the piano, do I own it?
Leroy Scott
Leroy Scott
answered on Apr 1, 2022

You would need to look at the lease to see what it says about ownership. However, you generally do not own property after a lease, even if you ended up paying way more than the price of the item.

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for Texas on
Q: I was injured by a Razor scooter, caused by a dangerous design issue with the electric drive system. Need help!

I recently suffered a fractured radius (radial head fracture), persistent painful nerve damage, and deep tissue bruising in my arm, and lower leg. (calf/ankle area). I have been treated by the ER, and referred to an orthopedic specialist by my PC. I'm hesitant to go because I'm worried... Read more »

Leroy Scott
Leroy Scott
answered on Apr 1, 2022

Unfortunately, although scooters are fun and convenient, I've seen a number of these claims where riders are thrown from scooters due to various faulty designs. At this point, (and this is probably easier said than done) your top priority should be your health. However, please understand that... Read more »

1 Answer | Asked in Federal Crimes, Libel & Slander and Personal Injury for Texas on
Q: WHY ARE MOST ATTORNEYS AFRAID OF 1983 FEDERAL CASES AGAINST MUNICIPALATIES IS IT THE RETRIBUTION OR DAUNTING CHALLENGE

i have had two successful cases filed pro se where they were accused of assault illegal detainment 1st and 4th amendment violations and conspiracy on one and running me off the road on the other. In both cases they settled, i know this and what im up against and if someone took the time i could... Read more »

Leroy Scott
Leroy Scott
answered on Apr 1, 2022

Probably neither of the above. The more likely reason is that the 1983 suit against the municipality pretty much requires that the plaintiff proves that the municipality had an actual policy to violate the constitution. E.g., if a person is beaten up by the cops, to prove a 1983 case against the... Read more »

3 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for Texas on
Q: Do i have a case against theft and prevention do they have the right to bodly hirt me and the other person?

I had shoplifted a pair of shoes and we walked out onto the sidewalk when 2 men regular clothed came up behind me grabbed me and my purse swung me around and was physically pulling me my friend said dont touch her and they borh grabbed him up and busted him against the wall and trash can and... Read more »

Leroy Scott
Leroy Scott
answered on Apr 1, 2022

If you are facing criminal charges, you probably should not be openly discussing this matter. Based on the facts you have presented, you may have a valid civil claim. However, please be aware that a store employee does in fact have the right to take a person suspected of theft into custody. Whether... Read more »

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1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Texas on
Q: I've Amica insurance for both home & auto & my son hit house. Amica says to cover home on home policy, not auto. Fair?
Leroy Scott
Leroy Scott
answered on Nov 12, 2021

That sounds about right. Your auto policy probably covers damage to the vehicle itself (collision or comprehensive coverage) and damage that you cause to other people’s property (liability/property damage coverage). While your home policy covers damage to the home itself and may cover injuries to... Read more »

1 Answer | Asked in Divorce for Texas on
Q: If the petitioner’s middle name is spelled wrong on the domestic citation is that citation void? In the case of divorce.

My sister has been served papers of divorce and her husband’s middle name is spelled wrong. She does not want the divorce. She is wanting to know if the citation is void if his name is spelled wrong.

Leroy Scott
Leroy Scott
answered on Oct 13, 2021

If your sister's name was spelled correctly, the citation was probably fine.

1 Answer | Asked in Uncategorized for Texas on
Q: If Pres. Biden is no longer Pres. and VP Harris becomes Pres. and nominates a candidate to succeed her as VP and the 50

-50 senate cannot convert to a majority, who or what will break the tie ? If no one, does the U S continue without a VP ?

Thank you

Leroy Scott
Leroy Scott
answered on Oct 13, 2021

A VP has virtually no power under the constitution (except to break ties in the Senate) and is mainly there in case something happens to the president. The VP's only constitutional jobs are 1) become president if there is no longer a president, 2) preside over the Senate (which will be done by... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I responsible for paying for an error in my rent price from two months ago? Can the landlords charge late fees on it?

My rent was raised from 942 to 1067. I paid it for July but in August and September I was billed 942. Now October they want me to pay balance from August/September and late fees. Is this legal since the error was on their part?

Leroy Scott
Leroy Scott
answered on Oct 13, 2021

If your lease says $1067, it's not illegal for them to bill for that amount, even if they billed the wrong amount initially.

1 Answer | Asked in Contracts and Insurance Bad Faith for Texas on
Q: Can Knights of Columbus refuse to cancel my life insurance policy? They won't let me change beneficiaries or cancel.

I have been divorced for a long time. I've recently remarried and I'm updating my insurance beneficiary with Knights of Columbus. They asked for a copy of my divorce decree and replied with this: It appears the divorce decree did not have any information concerning your KOFC policy. We... Read more »

Leroy Scott
Leroy Scott
answered on Oct 13, 2021

1. Because Texas is a community property state, when an insured is/was married, it can cause problems for a beneficiary later on because the surviving spouse can claim that s/he is entitled to some of the policy payout.

2. If you don't pay the premiums, the policy will simply lapse.

1 Answer | Asked in Contracts, Civil Rights, Insurance Bad Faith and Insurance Defense for Texas on
Q: Am I doing something illegal?

i just want to see if this something illegal I’m getting roped into? I have received check via email from a woman I was talking to online. On the checks, they have a Life Insurance company at the top of the checks. they are asking that I deposit them into my bank via mobile deposit, keep partial... Read more »

Leroy Scott
Leroy Scott
answered on Oct 13, 2021

This is almost certainly a scam and very likely a crime. Life insurance companies don't send checks and ask you to return some of the funds.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Info sent to insurance 1 month before statute of limitations. Can they stall to avoid paying? Have open claim number.

Rear ended in auto collision. Took excessively long due to 3 surgeries and COVID protocol.

Leroy Scott
Leroy Scott
answered on Oct 13, 2021

You need to actually file a lawsuit against the proper defendant (likely the other driver and his/her employer, if appropriate) BEFORE the statute of limitation (SOL) runs. Filing an insurance claim does nothing to stop the SOL. If the SOL passes and you did not file a lawsuit, the insurance... Read more »

1 Answer | Asked in Health Care Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can you sue for denying access to health care if laws enable unvaccinated people to overwhelm hospitals?

Just a thought experiment, but needed to be asked. Understandably, it would be difficult for a private citizen to file suit against the hordes of unvaxed choking the health care system, much like the novel SB8's workaround. While I understand the concept of sovereign immunity, I still... Read more »

Leroy Scott
Leroy Scott
answered on Oct 2, 2021

It’s all a big giant scary mess. I cringe every time I see political leaders on TV saying parents, the vast majority of which are not virologists and probably do not even own microscopes, should decide whether vaccines are in the best interest of their children. What if parents decide they should... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: Do I send newLetter w another 30 dayDeadline to total 60day altogether orSend newLetter w 60day deadline to total 90day?

A business violated theDeceptiveTradePracticesAct & false advertised. They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice. I was given runAround & excusesSo I contacted corporate about it and... Read more »

Leroy Scott
Leroy Scott
answered on Sep 10, 2021

Two wrong letters won't make it right. Send a new letter giving 60 days, unless doing so will cause the statute of limitation to run, in which case, you do not need to give notice.

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: HowDoIFix/proceedAfterGivingIncorrect deadlineOf30day inDemandLetter whichShouldOf stated60day soICanFileLawsuitInCourt?

A business violated theDeceptiveTradePracticesAct & false advertised.  They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice.  I was given runAround & excusesSo I contacted corporate about it... Read more »

Leroy Scott
Leroy Scott
answered on Sep 10, 2021

You can send a new letter, unless doing so would cause you to miss the 2 years statute of limitation, in which case, you can file the lawsuit with giving notice.

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I first have to ask why? Tx will allow me 5 yrs to charge a man with robbing my house. But a doctor can

Overpump me with inducing meds till I rupture killing baby and I. Leaving broken parts inside causing terrible pain and years of torture and irreparable damage to my health though I have no clue for years later cause I’m no doc…….. how come I can only do something for two years ?????

Leroy Scott
Leroy Scott
answered on Sep 8, 2021

The two-year period starts from the day you knew or should have known (if you had looked into your symptoms to see what was wrong) that the doctor had left something inside you, not from the date that the doctor actually left the parts in you. In other words, it is 2 years after you discovered that... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: What should I do if a private dealer sold me a car without telling me it had issues.

I recently bought a kia sorento 2012 from a private dealer. They sold it to me as is with no warranty but did not mention that it had 4 bad tires that were 10 years old and that the oil pan was leaking. It also had 3 recalls on it that they never mentioned. I have had it for literally 10 days and... Read more »

Leroy Scott
Leroy Scott
answered on Aug 24, 2021

Next time you purchase a vehicle, get a prepurchase inspection so you have an idea of what issues the car has BEFORE you buy it.

For the car you bought, if the tires are bad, you just need to get new tires. If there are open recalls, just bring the vehicle to the dealer so they can address...
Read more »

2 Answers | Asked in Consumer Law for Texas on
Q: Violated the Texas Penal Code 33.021, but the minor doesn't want to press charges, can the state still press charges?
Leroy Scott
Leroy Scott
answered on Sep 8, 2021

Yes. In fact, for crimes like these, the minor's cooperation may be irrelevant because all the alleged solicitations will be right there on the computer or phone.

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