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Questions Answered by Leroy Scott
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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3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: How do I answer a lawsuit? I am being sued for an accident but my insurance company has settled with the plaintiff.
Leroy Scott
Leroy Scott answered on Sep 8, 2021

If you are being sued, there likely was not a settlement with the plaintiff. If you had an active insurance policy at the time of the accident, you would simply send a copy of the lawsuit to you the insurance company and the insurance company will either 1) hire a lawyer to answer the lawsuit for... Read more »

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1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Can the city change a private road to a public street against homeowners' desires?

We do not want our private road made a public street. Can the city override our desires when we homeowners on the road have titles/deeds saying we each own 1/4 interest in the road and easement and no changes, alterations or modifications can be done to the road or easement without our written... Read more »

Leroy Scott
Leroy Scott answered on Jun 16, 2021

Yes, the city can do that, but it has to provide just compensation to the private owners. Look up "eminent domain".

2 Answers | Asked in Insurance Bad Faith, Insurance Defense, Criminal Law and Traffic Tickets for Texas on
Q: If proof of insurance was provided to the court do they verify it?

If someone received a ticker for Financial Responsibility (No Insurance) and they showed the court they had a policy during the date of ticket is the case dismissed immediately or is the insurance policy verified? Not speaking of fake insurance but if you can't remember if it was cancelled or... Read more »

Leroy Scott
Leroy Scott answered on May 21, 2021

Ask your insurance company for verification of insurance for the day you got the ticket.

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