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Questions Answered by Teri A. Walter
2 Answers | Asked in Criminal Law for Texas on
Q: I am a teen, looking to become a lawyer, I need a mentor, and maybe someone to take me in and help me to reach my goal.

I am not saying this as a joke, I would really appreciate who is willing to help me, I'm shy and I want that to go away, getting under a wing of a real lawyer would really help me. I will not bother, on the other hand, I will try to help the most as possible. As well I'm looking to be in... View More

Teri A. Walter
Teri A. Walter
answered on Dec 3, 2020

You should contact either the District Attorney's office, or criminal defense lawyers in your area and see if you can do any work - volunteer or otherwise - for their office. That will give you some experience in how law firms work, the people, process, and language used. Even scanning... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: I have a signed real estate contract that states buyer accepts property as is. If ac breaks before closing, do I pay?

A/C was found to be faulty during an inspection. We don’t live in the house and our real estate agent is trying to make us pay for it.

Teri A. Walter
Teri A. Walter
answered on Nov 28, 2020

That's an issue of what you want. If the contract provides that you're buying the house "as is" then if you want to change that, you're going to have to negotiate something different with the seller. If you don't reach a new agreement, and you don't close, you'll likely lose your earnest money.

1 Answer | Asked in Tax Law for Texas on
Q: before the gold is paid for, we need to pay some right to sell tax. It’s a document that’s supposed to have the judge’s

before the gold is paid for, we need to pay some right to sell tax. It’s a document that’s supposed to have the judge’s signature on it. It’is $45000

is this true or a lie

Teri A. Walter
Teri A. Walter
answered on Nov 25, 2020

If you're buying gold, and someone is telling you that you have to pay for a document signed by a judge to purchase it, it's a scam. Buy from someone reputable, and preferably local.

1 Answer | Asked in Banking for Texas on
Q: can someone garnish wages from a bank without notice??

My wife's Chase account had $24,000 garnished for something? 800 percent penalty???

no notice, no certified letter, nothing served not even mail was sent out.

Teri A. Walter
Teri A. Walter
answered on Nov 25, 2020

The vast majority of garnishments are done After a judgment has been awarded, so the notice would have been (at least) notice of the suit by a process server, and notice of the judgment, usually by mail. After Judgment, the creditor is not required to tell you they're going to garnish your... View More

1 Answer | Asked in Civil Rights and Collections for Texas on
Q: I need to send a certified registered letter for payment from owner due on an abandoned vehicle in Texas

I have all the info on the guy I just need help writing it or someone show me a sample one or a cope of one

Teri A. Walter
Teri A. Walter
answered on Nov 25, 2020

For payment of what? This kind of letter is necessarily very fact-specific. You'll want to be very business like, avoid opinions or characterization of the other party or their actions (or failure to act). State what they owe, what they debt is for, when you expect them to pay, give them a... View More

1 Answer | Asked in Business Law and Contracts for Texas on
Q: Is there a place in the HOA contract that states how much the dues can go up to; top out at?
Teri A. Walter
Teri A. Walter
answered on Nov 25, 2020

Typically, no. That's in part because HOAs are expected to last over many years, and they will want to be able to adjust the dues to account for inflation, or additional or increased expenses of maintaining the common areas.

2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Landlord - Tenant for Colorado on
Q: If you are renting from a landlord, and they have a "no guns" clause in their lease contract. What are some punishments?

I would love to know if their is a law against having a gun in an apartment complex that is private and has a no gun clause in the lease agreement. Are there any defense for having/using a gun (maybe not even firing it, but just drawing it to protect yourself/property/others in trouble). Would love... View More

Teri A. Walter
Teri A. Walter
answered on Nov 25, 2020

You have a Constitutional right to possess a gun, but you can agree to limit that right by contract. Nothing prohibits such a clause in a contract with a private (non-government) party. However, the contract would not be able to limit what you do somewhere Other than on the leased property.... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I've been in a relationship for 15 years. We have shared the home the entire time. Can she just kick me out?

The home was in her father's name but we payed all of the bills together. I helped raise her two kids and worked the entire time. I recently went to jail for 90 days she picked me up when I got out I've been back home for 5 almost 6 months. She is trying to kick me out threatening me... View More

Teri A. Walter
Teri A. Walter
answered on Nov 24, 2020

Unfortunately, the house belongs to the person whose name is on the title, not the person paying bills. In this case, it's

not clear whether your girlfriend or her father owns the house, but your long residency there doesn't give you any rights to the property. If all you own...
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1 Answer | Asked in Employment Law for Texas on
Q: I work for private job taking care elderly woman for 3 weeks they only paid me one they don’t want to pay the rest

What or where can I go to complain so she can paid me 74 hrs @9.50 hr can you help me thank you

Teri A. Walter
Teri A. Walter
answered on Nov 24, 2020

You can file claim for unpaid wages here

https://www.twc.texas.gov/files/jobseekers/How-to-File-Wage-Claim-Online-Tutorial-twc.pdf

1 Answer | Asked in Real Estate Law for Texas on
Q: Can a lease contain a sublease clause when the landlord never intended to give an option to utilize?

My lease has a clause to sublet or sublease with the landlord's consent. Because of my personal circumstance, I reached out to the property management who represent the landlord. PM has down right refused to ask the landlord or refused give me an option to sublease the property. They say it... View More

Teri A. Walter
Teri A. Walter
answered on Nov 24, 2020

I suppose it's possible that you could win a suit against the landlord for unreasonably withholding consent to a sublease, IF you had provided a good tenant and they refused to consider it. It's even possible that you could have a Deceptive Trade Practices Act claim for misrepresentation... View More

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Texas on
Q: As a recent property owner, there's a pipeline easement that was recently purchased by the developer.

They are requesting a "contribution" in a contract agreement to abandon the easement. Do I have to pay any "contribution" requested from the easement holder to abandon the easement? What are my options to terminate the easement that has not been in use for over 40 years and is no longer be needed.

Teri A. Walter
Teri A. Walter
answered on Nov 24, 2020

It sounds like the developer is trying to make arrangements for an agreement to abandon the easement. If they're asking for a "contribution" that sounds like a voluntary thing, but it's not clear where the easement runs. If you are one of the property owners across which the... View More

1 Answer | Asked in Tax Law for Texas on
Q: i have been left gold bars in a will i have been told i have to pay taxes on that before i can sell it is that true
Teri A. Walter
Teri A. Walter
answered on Nov 24, 2020

There is no inheritance tax in Texas, and most estates are not large enough to require payment of any estate taxes. Find more information here:

https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-estate-taxes

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Texas on
Q: Can I sue a deceased person in small claims court if the probate has just been initiated?

The deceased person never fulfilled their obligation, and we signed a contract. She was the sole owner of the business and the probate process has just been initiated by her husband. The administrator has been assigned yet either. Could I still sue her business and her estate in small claims court?

Teri A. Walter
Teri A. Walter
answered on Nov 23, 2020

The short answer is no - because there's no one alive to sue, and until someone is appointed to represent her estate, there is no one with authority to act for her. Once some one is appointed as executor or administrator, you can make a claim against the estate, and sue the executor or... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: Does the below section mean the Defendants county or the plaintiff's county?

Sec. 15.094. CORPORATION; ASSOCIATION; JOINT-STOCK COMPANY. A suit against a private corporation, association, or joint-stock company may be brought in the county and precinct in which:

(1) all or part of the cause of action arose;

(2) the corporation, association, or company... View More

Teri A. Walter
Teri A. Walter
answered on Nov 23, 2020

Unless there is a contractual provision otherwise, you need to sue the Defendant where they are, or where all or part of the cause of action arose.

1 Answer | Asked in Real Estate Law for Texas on
Q: Tried to purchase property & seller cancel because I would not give copy of my appraisal, let deal expire is this legal?

Appraisal came in low 270 he wanted 285. So we decided on 275 then he wanted the appraisal I would not give him copy and he decided to let the contract expire and pull the deal off the table and now property up for sale again. When I found the property it have fell out of another deal, as they... View More

Teri A. Walter
Teri A. Walter
answered on Nov 23, 2020

Sorry, without looking at the contract, it's hard to tell exactly what happened - whether there was a contract that required the appraisal to be provided, whether the Seller breached by failing to close at the agreed price, or whether there was a breach by you for some reason. Usually, the... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: I’m in Tx. The cash buyer hasn’t deposited earnest money since last 2 wks . Closing is next week What are my options?

This is a for sale of my house. It’s a 1.7mill cash deal. buyer keeps saying he has deposited EM but title says they not received since last 2 weeks . The buyer keeps making excuses

Teri A. Walter
Teri A. Walter
answered on Nov 23, 2020

Your options are

1) close the sale if the Buyer manages to show up with the money to close the purchase,

2) if the contract has a time limit for depositing the earnest money, you may be able to terminate the contract, (but most do not). There may be other options available...
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1 Answer | Asked in Construction Law, Environmental and Real Estate Law for Texas on
Q: We need to sue a developer and the county permitting office but cannot afford a lawyer. What can we do?

.

Teri A. Walter
Teri A. Walter
answered on Nov 23, 2020

It is unlikely that you will be able to sue the county permitting office - there's a principle called "sovereign immunity" that prevents most suits against government agencies or employees.

As to the developer, it's impossible to tell you what needs to be done without...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I own home on 1 3/4 acre lot. Split land to 1 acre lot n built new home on 3/4 acre lot. How do I get deed for new home?
Teri A. Walter
Teri A. Walter
answered on Nov 23, 2020

If you already own the whole 1 3/4 acres, you already have a deed that covers your home. I'm not sure exactly how you "split" the land, but a new deed is not required.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: If I have a contract to buy a house in Texas and the owner dies before deed is prepared by title company, what happens?

Because of COVID 19 it is taking a long time for paperwork to be prepared. My contract is good though end of this month. What happens if he doesn’t sign extension before he dies?

Teri A. Walter
Teri A. Walter
answered on Nov 23, 2020

If the Seller dies before the extension is signed or the sale closes, then you won't be able to close until someone is appointed by the Probate Court to act for the Seller - either an executor of the will, or administrator of the estate.

If the closing date has already passed, and...
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1 Answer | Asked in Civil Litigation and Contracts for Texas on
Q: foreeclosured in 2014 butr now 10/21/2020 i recieved a lein release it was paided off dont they owe compensation for 5 y

i havent been in home since 6/23/2015 i was evictied after forclosure 5 years of homelessness me and 3 children they sent me a release of lien 10/21/2020. i want compensation for the loss of home and all punitive damages. but dont know how to start a case and can move back in but its in a hoa... View More

Teri A. Walter
Teri A. Walter
answered on Nov 23, 2020

Sorry, there's nothing in your post that suggests that the foreclosure or eviction were done improperly. You can't sue for damages due to the loss of the house unless the foreclosure was done improperly. In addition, such a suit must be brought within a maximum of 4 years (the time... View More

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