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Questions Answered by Teri A. Walter
1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Texas on
Q: Can a jury trial take place in an eviction when the rules of civil procedure and evidence don't apply and in a CC ?
Teri A. Walter
Teri A. Walter
answered on Feb 8, 2021

Rules of evidence and procedure will apply in county court for the appeal of an eviction, but jury trials are problematic now. Check with the court to see how your court is handling them.

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: So if my parents want me to go to a counselor, can they have the police come to our house and forcibly drive me there?

I dont want to go with them

Teri A. Walter
Teri A. Walter
answered on Feb 5, 2021

If you are a minor (under 18 years old), then yes, they can do that. You might even find it worthwhile.

1 Answer | Asked in Uncategorized for Texas on
Q: Can I bring a petition for partition before the court to remove my name on a vehicle
Teri A. Walter
Teri A. Walter
answered on Feb 5, 2021

No. A partition is for the division - usually by sale - of certain property, usually real estate.

I can't think of a good reason to remove your name from the title of a car other than having sold it - if that's the case, there's a form you can use to report the sale to the...
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1 Answer | Asked in Divorce and Communications Law for Texas on
Q: So long story and dumb on my part. My husband and I are getting divorced. He is dating I messaged the woman.

She didn’t know he was married. No threats or abusive language was used. He tends to lie to I wanted her to know he was married. Again she did not. I apologized for contacting her and assured her I would not bother her. Several hours later she said she was very private and felt unsafe. Again no... View More

Teri A. Walter
Teri A. Walter
answered on Feb 5, 2021

The fact that she's uncomfortable doesn't mean you did anything wrong. Just leave her alone and don't worry about it.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My neighbors dog is pregnant and they have her trapped on the porch and she has been whining.

Also has been scratching at the door for almost 6 hours now. Any other day, they don't care about her. I feed her and water her and pick the ticks off her. I bring her inside when its snowing and raining and super cold or super hot and she just usually roams free. Is there anything I can do?

Teri A. Walter
Teri A. Walter
answered on Feb 4, 2021

You could offer to adopt the dog - it doesn't sound like they'll miss her.

Alternatively, there are several places you can report animal abuse:

https://crime-stoppers.org/animal-cruelty/

https://apps.harriscountytx.gov/AnimalCruelty/...
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1 Answer | Asked in Divorce, Family Law and Immigration Law for Texas on
Q: Birth-Certificate shows I am still married

My Birth-Certificate from my Birth country still shows I am married to my Ex American Wife. My Divorce was final in 2016. In order to get married again, is it enough to only have the divorce paper or do I have to send the Divorce Paper to Germany to let them change the status of my Birth... View More

Teri A. Walter
Teri A. Walter
answered on Feb 3, 2021

I'm fairly certain you weren't married at birth, so I don't understand the premise of the question, but a certified copy of a divorce decree should be enough to resolve any question of your marital status.

1 Answer | Asked in Uncategorized for Texas on
Q: I added someone from Iran to my WhatsApp and I’m worried?

.

Teri A. Walter
Teri A. Walter
answered on Feb 3, 2021

This forum is for legal questions. Ask your cell phone provider.

1 Answer | Asked in Contracts for Texas on
Q: Can I get out of my lease if when signed the fitness room was said to be opened 24 hours, and now they have limited

was said to be 24 hours, but now it is limited to Monday-Saturday 9 am-8 pm, and Sunday 12 pm-8 pm

Teri A. Walter
Teri A. Walter
answered on Feb 3, 2021

The short answer is no, that won't get you out of your lease.

1 Answer | Asked in Child Custody, Divorce, Family Law and Tax Law for Texas on
Q: If i am still legally married but my ex filed divorce papers in prison can he take legal action against me over stimulus

I filed my taxes last yr as married filing jointly bc thats how turbo tax said to file and since we were still legally married and no papers were filed i didnt want to get in trouble for filing incorrectly... so i got the first stimulus and the second and havent given him any... he filed for... View More

Teri A. Walter
Teri A. Walter
answered on Feb 3, 2021

You filed as married, and you were married. Nothing inappropriate there. Even after the divorce petition is filed, you're still married until there is a final divorce decree. The stimulus payment is community property and you can spend it however you wish. Your soon-to-be ex's... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: How long does petitioner have to serve respondent in small claims and limited civil cases in KS and TX? Also, does Texa

Also, does Texas have limited civil? What is the fee for this type of case?

Haven't found information online at the county courts site as of yet.

Teri A. Walter
Teri A. Walter
answered on Feb 2, 2021

I think you're talking about a small claims case (Texas does not have a category called "limited civil." Small Claims cases are filed in the Justice of the Peace court, for the area where the defendant lives, or where the contract was performed. The jurisdictional limit is now... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: I have paid taxes for 30 plus years on 2acres that belonged to my deceased husbands family. No one wanted to pay taxes

Tha property is landlocked and is in a bay gall. It was up for auction at the courthouse and we paid the taxes and voided the auction. I kept paying all of the taxes all of these years. Can I get a deed?

Teri A. Walter
Teri A. Walter
answered on Feb 1, 2021

Maybe. Who is in possession of the property? Did you have any agreement with the family members? Who is on the deed? Did you make any improvements to the property?

It's possible you would qualify for title by adverse possession, but that requires a suit against all the title...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: Can you be arrested for being on your phone on your property and charged with interference with public duties?

Thank you

Teri A. Walter
Teri A. Walter
answered on Jan 29, 2021

Can you be arrested? Apparently so. I think what you really mean to ask is whether they can make the charges stick. I'm changing the category to criminal law. Call a criminal defense lawyer immediately and stop posting anything at all about this incident on the internet.

1 Answer | Asked in Consumer Law for Texas on
Q: How do I go about file a claim with subway. I have eaten so much subway tuna, or so I thought.
Teri A. Walter
Teri A. Walter
answered on Jan 29, 2021

Sorry, eating tuna - or not - is not grounds for a lawsuit.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can i evict my tenants for making false statements on their moratorium declaration?

In Texas, my contract with current tenant expired in December 2019. After that, we have been doing month to month agreement. Then Covid hit us and they stopped to pay rent since September 2020. They submitted us a declaration that they meet all the moratorium standards. So that will banned us to... View More

Teri A. Walter
Teri A. Walter
answered on Jan 28, 2021

You could just avoid the problem entirely - terminate the month to month lease, and then evict them because there is no lease.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Who is responsible for fixing erosion of land under the perimeter subdivision fence?

I have severe erosion under my rear fence which is the subdivision perimeter. The subdivision was developed 20 years ago and done with improper terracing around the sudivision. I built my house in 2005 through a home builder that bought lots within the subdivision. Of course, when we purchased our... View More

Teri A. Walter
Teri A. Walter
answered on Jan 28, 2021

Sorry, the original developer isn't going to be responsible for something happening 20 years after they finished the development. The HOA may or may not be responsible - review the deed restrictions to determine their authority and responsibilities. It could be that this is something the... View More

1 Answer | Asked in Collections for Texas on
Q: Is it worth seizing a debtor's assets after obtaining a judgement?

Debtor says he'll file bankruptcy & we won't get anything. True?

Teri A. Walter
Teri A. Walter
answered on Jan 27, 2021

If you have a judgment and don't try to collect by seizing assets, what was the point of getting the judgment?

What many debtors who threaten bankruptcy (and their creditors) don't understand is that if the asset is exempt, they're going to keep it whether they file...
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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Insurance Bad Faith for Texas on
Q: What can I do about a supplemental insurance company's mistake resulting in my info being sent to a coworker?

Local insurance agent put a coworker's address in my account when we were enrolling (along with at least one other typo; birthday is/was wrong). Been going back and forth with him and the corporate customer support team. I can't get a refund and terminate my account, because I cant verify... View More

Teri A. Walter
Teri A. Walter
answered on Jan 27, 2021

Was the agent negligent? Sounds like it. But at this point it's not clear what your damages are. If they fix the problem, you won't have any damages. No damages means no claim against the agent.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: If i am renting a room in Texas and it is past the lease end date, am I month-to-month, or a "holdover?"

I am paying rent month-to-month. My lease ended in August 2020, but stipulated under terms: "In the event the landlord accepts new rent from the tenant after the termination date, a month-to-month tenancy shall be created." It further says that I need to provide 45 days' written... View More

Teri A. Walter
Teri A. Walter
answered on Jan 27, 2021

Sounds like there is a conflict in the terms of the lease about whether you have to give 15 days or 45 days notice to terminate. So, you have a choice: 1) give 15 days notice and risk having to argue later about whether you've properly terminated; 2) give 45 days notice and know for sure... View More

1 Answer | Asked in Small Claims for Texas on
Q: What do I do about a old debt (that I do not believe is mine) that debt collectors are contacting me about?

Back in 2006 in Illinois I appeared in court, and let the lawyer know I did not believe the debt was mine. I did not know what the debt was for, who it was owed to, etc. I was told they would look into it, and did not hear back again. I assumed they realized it was an error (wrong person). Fast... View More

Teri A. Walter
Teri A. Walter
answered on Jan 27, 2021

I have no idea what "PCS'd to a new state" means.

If you have debt collectors hounding you, they should be able to provide you with information about the judgment, which you can then try to verify with the court that issued the judgment.

In order to enforce an...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Efiled response to custody petition. Tried to file additional document days later to find out case had been transferred

I was served by citation for petition to modify parent/child relationship. I filed an "inability to pay statement" and a quick "general denial response". My intentions were to work on either an "amended or supplemental response" or "counter-petition" and then... View More

Teri A. Walter
Teri A. Walter
answered on Jan 27, 2021

File your response in the active case. Most likely, they filed the new motion as a new case, and it was transferred back to the original court, which will hear everything.

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