Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Teri A. Walter
1 Answer | Asked in Animal / Dog Law for Texas on
Q: My dog somehow disappeared from the yard and never returned. We believe we know where she is. What rights do we have?

My dog somehow disappeared from the yard 3 days ago and never returned which is very unlikely. She recently just had a litter of puppies who are not completely weened off and depends on her for feeding. Word of mouth makes us strongly believe we know where she is being housed. If we wanted the... View More

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

You won't know what the cops will agree to do if you don't call them. Tell them what you know that leads you to believe she's at a particular place.

1 Answer | Asked in Collections for Texas on
Q: SEIZING DEBTOR ASSETS: what if the only asset the deputy can find is the one the debtor wants to keep?

Does he get to keep 2, since he lives in his girlfriend's house and she drives? Is the deputy supposed to search the DMV for all vehicles owned by the deadbeat? If there is a first lien holder on the vehicle, will that lien holder get the proceeds of the auction and we get what's leftover?

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

The debtor gets to keep one vehicle that they own; he can't simply supply car(s) to someone he lives with. However, the deputy typically does not do any searches - you'll need to tell them what to look for.

As to lienholders, they get the first money out of the sale -...
View More

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Civil Litigation for Texas on
Q: What steps to take when have a charging order signed by the judge the day before it was e-filed by plaintiffs attorney?

The creditor is also the Limited Partnership General partner and is covered under LLC that is not mentioned nor that the same person controls.each of these companies.

Teri A. Walter
Teri A. Walter
answered on Jan 26, 2021

Sorry, without more details it's impossible to say what actions might be necessary or appropriate. If you're in litigation, you will need an attorney to represent your interests. They can review the order and status of the case and take the appropriate action if the order should not... View More

1 Answer | Asked in Car Accidents for Texas on
Q: Hello, my granddaughter wrecked a car that was in her granddad's name, she was supposed to keep INS on it but did not.

then she got into a wreck that was her fault she rear ended a car, no one was hurt. Now my husband "her granddad" is being sued because the vehicle was in his name.

The Question is can we turn it around and put it on her since she was driving?

ALSO can we turn around... View More

Teri A. Walter
Teri A. Walter
answered on Jan 25, 2021

Unless Grandfather has insurance that will cover this, it sounds like he may be on the hook to pay the damages. Can you sue granddaughter to recover? Sure, but collecting anything is unlikely.

I suggest grandfather take the car back immediately.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My landlord locked me out of my business for being behind for two months rent, and refused payments, and evicted me

Won't let me back in the business

Can they do that?

Teri A. Walter
Teri A. Walter
answered on Jan 25, 2021

If you were in default of your lease, yes, they can do that. If not, you need to file for a writ of re-entry in the Justice of the Peace court ASAP.

1 Answer | Asked in Car Accidents for Texas on
Q: Can I be sued from a car accident my daughter was involved in in another state? I don't live in the same state.

Car was registered to me but I live in a different state. Texas she lives in Washington state. I received lawsuit paperwork.

Teri A. Walter
Teri A. Walter
answered on Jan 25, 2021

Well, you have been sued, so I guess they can sue you. What you really want to know is whether you have any liability for the damages. Typically, if you weren't the one driving, the answer is no - you're not liable, unless they can show that you allowed someone you knew to be dangerous... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: On the form Affidavit Of Heirship in Texas, which box indicates the party to whom the title has been transferred?
Teri A. Walter
Teri A. Walter
answered on Jan 25, 2021

None of them. It's an affidavit describing who the heirs are, not transferring title of anything.

1 Answer | Asked in Probate for Texas on
Q: If you are in probate court and u where issued a check can the check be listed as unclaimed money in a 180 days
Teri A. Walter
Teri A. Walter
answered on Jan 25, 2021

Most banks won't cash a check older than that. The person issuing the check may or may not turn the funds in as unclaimed, but if they do, you can claim the money from the state.

Call the issuer and get the check re-issued.

1 Answer | Asked in Collections for Texas on
Q: Should I seize a debtor's assets?

We won our case in small claims court against a deadbeat renter who did a great deal of damage to our rental home. The amount awarded was over $13,300. We followed up with the Writ of Execution 30 days later. The deputy sheriff has served the demand letter. The renter has 3 cars and 3 motorcycles... View More

Teri A. Walter
Teri A. Walter
answered on Jan 25, 2021

Take the assets. The debtor will lose them in a bankruptcy - he's only allowed one car per licensed driver in the house, and he can pick which one he wants. The others should be picked up immediately. The deputy doesn't know bankruptcy law, and the debtor hasn't called a... View More

3 Answers | Asked in Real Estate Law and Probate for Texas on
Q: Can the lender take ownership of the home if no one officially takes over the loan officially?

My grandmother had refinanced her home prior to her death. She left 6 children behind and my aunt has been making the payments for a month that she's been deceased. She wants to continue to make the payments to the lender but want to know if later this will be of no use if an heir doesn't... View More

Teri A. Walter
Teri A. Walter
answered on Jan 25, 2021

The lender can only take ownership of the home by foreclosing, if there are no higher bidders.

As long as the loan is being paid, the lender doesn't have the right to foreclose (unless some other condition of the loan is violated - you sometimes see this with violation of the due on...
View More

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Can I bring a claim against landlord's attorney for pushing for a negligent/illegal eviction?

In Dallas County, my landlord brought an eviction suit against me (I was pro se) and my landlord's attorney pressed for eviction at the hearing AFTER knowing I vacated and surrendered the property in accordance with Texas law.  The judge dismissed the case. There was no unpaid rent or... View More

Teri A. Walter
Teri A. Walter
answered on Jan 22, 2021

No, you have no damages. Sometimes, the cases will go forward even if the resident has moved out, if they're seeking unpaid rent or to recover for damages to the property. Your case was dismissed.

1 Answer | Asked in Civil Rights, Collections and Legal Malpractice for Texas on
Q: My HOA sent notice that it is increasing 28% in Tarrant County and back charging 2020 Q-4 charges; Is this legal?

Construction is still going on in the area and no facilities available because of COVID.

Teri A. Walter
Teri A. Walter
answered on Jan 20, 2021

Look at the deed restrictions, Bylaws and Rules of the association to see what they can and can't charge, and whether there are limits to the increases.

1 Answer | Asked in Small Claims for Texas on
Q: Why would a Processor be bringing me legal documents
Teri A. Walter
Teri A. Walter
answered on Jan 20, 2021

A process server is bringing you legal papers because you're being sued. Don't bother to avoid them, because you'll get served eventually no matter what you do.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Can a insurance claiming company claim more than a cars worth?

Can a insurance claiming company claim more than a cars worth?

Back in january of 2020 I got into a wreck with no insurance, the lady's insurance company came after me for a dent in her door and a dent in the door frame. Her car was a 1998 toyota. The insurance company is trying to... View More

Teri A. Walter
Teri A. Walter
answered on Jan 20, 2021

Her insurance company can't "charge" you at all, but they can sue you for the damages they had to pay, whatever that is. Typically, if the cost to repair the damages are more than the car is worth, they pay the value of the car. I suggest you get a release in exchange for your... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Many years ago an easement was obtained illegally. The signature/grantor was invalid.

A sibling of the executrix in a sale of unimproved acreage to my father sought out common carriers and sold easements/row days prior to the sale. Have I any recourse as the resale value of the land is adversely affected.

Local law enforcement aided contractors to gain access and begin... View More

Teri A. Walter
Teri A. Walter
answered on Jan 19, 2021

It's impossible to answer this question without reviewing all of the documents and circumstances. Even if the easement was initially an invalid conveyance, the company holding the easement may, after all these years, be able to establish the easement by adverse possession. Take all the... View More

1 Answer | Asked in Business Law for Texas on
Q: Are managers/members of a forfeited LLC permitted to wind up that LLC without first reinstating with the SOS?

The members/managers here want to "dissolve" (wind up) their LLC, but they don't have an operating agreement that addresses winding up. Also, that LLC previously forfeited its charter under the Tax Code for failure to pay its franchise taxes. I'm wondering if, under the Texas... View More

Teri A. Walter
Teri A. Walter
answered on Jan 13, 2021

It depends on whether there are unpaid debts and what assets there are that need to be sold or distributed. For example, if the LLC owns real estate, at present, no one is able to sign a deed for the LLC, and reinstatement would be necessary; if all that's left is some office furniture and... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Want to sell a house that's only in my name and was acquired while married to my now ex-husband, with whom I had a prenu

stating that property acquired during the marriage is the sole property of the spouse who purchased it. The title co is set on having him "convey title" to me because the divorce decree "didn't address this". Well, there was no need to "address this" because of... View More

Teri A. Walter
Teri A. Walter
answered on Jan 13, 2021

They have the legal right not to issue an insurance policy until their underwriting standards are met.

While the prenup addressed the problem, the property should have been addressed in the divorce decree, so that this issue would not have come up. Talk to your divorce lawyer - you may...
View More

1 Answer | Asked in Libel & Slander and Criminal Law for Texas on
Q: my deceased husband and my log splitter was removed 2 days folowing his death by an ex wifes son and he damaged property

log splitter was our livlihood and he had no right to take it. he smashed the gate with our box van and ruined a $1000 hydrolic lift, messed the gate to where i could not secure the property, and left me in a financial mess and an emotional wreck. Ive lost alot of income without the wood wee sell... View More

Teri A. Walter
Teri A. Walter
answered on Jan 13, 2021

It sounds like you may have a claim for property taken and damaged. Whether that claim makes sense to pursue depends on how much was lost, and the likelihood of collecting a judgment from the person who caused the damage. I suggest you gather your documentation and consult with a lawyer in your... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Me and my ex girlfriend both had shared custody of a dog but now she is trying to keep it altogether. What do I do?

Hello, me and my ex split 2 months ago and before splitting we both decided to get a dog. We got the dog for free (from a friend of my ex) but my ex is trying to keep the dog completely. I have spent the same amount of money as her on food, paid for vet bills, attending the visits, kept her over... View More

Teri A. Walter
Teri A. Walter
answered on Jan 13, 2021

Sorry, even though we love them and treat them as children, dogs are property, and it sound like this one belongs to both of you, which means that neither of you can take the dog and hide it from the other.

Realistically, if you can't work out some joint arrangement, let her have the...
View More

1 Answer | Asked in Health Care Law and Elder Law for Texas on
Q: If father's POA isn't responding to healthcare providers how can I get it revoked?

My father, who has previously been diagnosed with dementia/alzheimers, is recovering from covid and is having complications. He seems to be having stroke or heart attack symptoms after testing negative and the nursing home he is in isn't fully equipped to handle his recovery in my opinion. The... View More

Teri A. Walter
Teri A. Walter
answered on Jan 12, 2021

The only way you can obtain power of attorney to act for your father is if he is capable of giving it, and does so. A guardianship requires court action, after proof that your father is unable to make his own decisions. (BTW, "Power of Attorney" refers to the document, not the person,... View More

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.