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Questions Answered by John Michael Frick
2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Texas on
Q: Can you file a civil case Against the sheriff that has violated your civil rights.

If you violated a protective order that you were told was lifted but was not and then a sheriff came over and tried to arrest you with a warrant that he wouldn't show you and you were in your house and he was not invited in. He reached through the doorway and grabbed your wrist and you stepped... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2025

Yes, there could be a lawsuit. Bring the videotape of the incident to a lawyer who practices in the area of civil rights law in or near the county where the incident occurred. One of the very best dealing with civil rights cases against law enforcement officers is S. Lee Merritt.

As the...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I'm needing a probono lawyer for domestic violence child custody and divorce if someone could help me
John Michael Frick
John Michael Frick
answered on Feb 7, 2025

To find a pro bono lawyer, contact a legal aid clinic near you. For example: https://legalaidtx.org/

Most legal aid clinics have experience handling that particular type of case. Most lawyers prefer to offer pro bono services through legal aid clinics because the clinic staff has...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Non custodial parent lives with Cocaine user fiancée , why do I have to take my son for visitation to them?

Was told cocaine user cannot be present whirl my minor child visits but can I hire a PI to make sure cocaine user is not there during visit?

John Michael Frick
John Michael Frick
answered on Feb 7, 2025

If you have a court order, you must obey the court order unless and until it is modified.

Sometimes, a court will order that particular persons cannot be present during a parent’s time of possession if it thinks that other person poses a danger to the child. Sometimes—but not...
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My ex and I have lived together from 2013 to Nov. of 2023 when she left. We have a 10 yr old daughter who lives with me.

How can I prove that we are common law married? As she now wants to sell the home we purchased in March of 2021 where me and my daughter are still living. My name is not on the title…my name is on the deed of trust. I do not want my daughter and I to be removed from our home. My ex has been gone... View More

John Michael Frick
John Michael Frick
answered on Feb 7, 2025

To prove a common law marriage, you need evidence of each of the following:

1. An agreement between the parties to be presently married (i.e. not to get married in the future);

2. Living together as husband and wife after that agreement;

3. Publicly holding each other out...
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1 Answer | Asked in Employment Law for Texas on
Q: Can I sue my previous employer for neglect, lack of communication creating a stressful environment that affected me

I abandoned my position over a year ago , due to failure of communication, development and special treatment ( favoritism). I was demoted from my management position with out communication or with reason as to why and it affected my mental health

John Michael Frick
John Michael Frick
answered on Feb 7, 2025

It depends upon the basis for any 'special treatment.' Generally, an employer cannot discriminate against you as a result of your race, color, ethnicity, national origin, sex, gender, disability, religion, or pregnancy. Discrimination means to treat you differently than other employees... View More

2 Answers | Asked in Contracts and Internet Law for Texas on
Q: Need help with a company (in an agreement) that is charging me for e-mail addresses that I can't use (CAN-SPAM act).

I have signed an agreement with an online company (ZoomInfo) where I pay a monthly amount for a period of 24 months. The information that they provide is contact information for business individuals where I can filter for a specific targeted audience. They provide company names, individual names,... View More

John Michael Frick
John Michael Frick
answered on Feb 7, 2025

Your understanding of the CAN-SPAM Act is flawed. You actually can send out cold intro emails without prior consent, but the Act requires such emails to meet certain specified criterion. Among other things, the email must indicate that it is an advertisement and must have an... View More

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2 Answers | Asked in Car Accidents and Civil Rights for Texas on
Q: I have an old civil suit from 2011 I never went to court or even knew I was being sued from the car accident.
John Michael Frick
John Michael Frick
answered on Feb 6, 2025

If a judgment was entered more than four years ago, the time to file a bill of review has passed. But if the other party got a judgment against you and hasn't done anything to try to collect it for the last ten years, they may simply have written it off as uncollectible.

I note that...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I work parttime and was injured at work. Worker's comp denied my claim. Can I still sue the company?

WC claims my injuries to my knee (torn meniscus and tricompartment chondrosis) are degenerative. They are not. I believe they denied because I had surgery scheduled on my other knee at the time of the accident.

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

No, you cannot sue your employer-company if it carried workers' compensation insurance at the time of your injury. You can, of course, request a contested case hearing (CCH) on the denial of your claim and can appeal the hearing officer's determination at the CCH to the Appeals Panel.... View More

1 Answer | Asked in Probate for Texas on
Q: Probate litigation- is boren v boren 402 sw.2d 728 (1966) still good law?

If a will is not signed by the two witnesses in Texas is this an incurable defect?

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

Yes, Boren v. Boren is still good law. In that case, the will was signed by two witnesses.

If a will is not signed by two witnesses, the only way to "cure" the defect is for the testator and two witnesses to get together and sign the will again. After the testator dies, of...
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1 Answer | Asked in Estate Planning for Texas on
Q: My mother died, my sister rents a room in her house, can my sister prevent me from entering the house? Will be probated.

Not filed probate yet, not will, surviving spouse with dementia in a nursing home. I am still organizing our mother's affairs. I have a key and have always been free to come and go freely. But since our mother's death, my sister is telling me to stay away. She's trying to steal our mother's home.

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

you should file for probate immediately. If and when you are appointed the personal representative of your mother's estate, you will have the right to enter the house. Until then, any permission (or even a written power of attorney) given to you by your mother died with her.

2 Answers | Asked in Civil Rights and Personal Injury for Texas on
Q: How can I go after a police officers surety bond or public liability insurance required to hold public office?

Basically all public actors on the state level are required to post a bond or carry a private liability insurance before being sworn in to office. I would like to know how to access the information held by the state reflecting the insurance company and the policy number held by the individual in... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

Actually, in a motor vehicle collision case, you cannot file a lawsuit against the other driver's insurance company. That is called a 'direct action' and is not permissible under Texas law. A few other states do allow such a 'direct action' against the insurance company,... View More

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2 Answers | Asked in Energy, Oil and Gas, Real Estate Law and Civil Rights for Texas on
Q: (USA v Mayra Lopez 11-41392 (5th Cir 2013). These people have stole 15 million $ of oil, land, with others, What do I do

My land and property, minerals are being stolen as people are changing the deeds and altering them online and sending them to county clerk as they approve and send through. Being in probate court as all deeds, vouchers, oil, gas, leases and property is being stolen (50 million).You can notice on... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

How does the case cited USA v. Lopez have anything to do with the land patent claims?

If you received a $50 million inheritance, it is highly unlikely an attorney would take a case such as you describe on a contingency fee. If police and the Texas AG can't prove deed fraud in your...
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1 Answer | Asked in Lemon Law and Consumer Law for Texas on
Q: Law regarding waiting on a part for a car out of warranty

I have a car that has been sitting on a dealer lot for 4 months now waiting for a part. It is out of warranty. The car happens to be a Chevy volt which stopped being produced in 2019 and may be related.

Since the beginning I have been in contact with both the dealership and GM. At this... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

You are correct that there is no specific time limit. A part may never become available. Theoretically, a US car manufacturer must provide parts for their cars for at least ten years from the date of manufacture. The Chevy Volt was a spectacular failure, selling fewer than 70,000 units. Many of... View More

1 Answer | Asked in Family Law for Texas on
Q: How can I prove that my ex and I are common law married.

How can I prove that my ex and I are common law married. We’ve lived together since 2013 to November of 2023? We have a 10 year old daughter together who lives with me til this day. My ex has been gone 15 months

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

Offer evidence of the three elements required for a common law marriage to exist:

1). An agreement to be presently married,

2). Living together in Texas after that agreement was made as husband and wife (which it sounds like you have), and

3). Both spouses publicly holding...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can a normal inheritance be challenged in Texas?

In Texas, if one of a few heirs/next of kin, was sole caretaker/power of attorney/POD on one’s bank account/only person to care for person who now has passed, and there’s several credible witnesses, is there a way to fight the normal entitled heirship owed to other heirs? All that’s involved... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

It depends on the quality and character of the evidence. Ordinarily, an agent under a POA can sign a deed on behalf of the principal, but it is highly suspicious if the agent himself is the grantee under the deed.

You would need credible evidence that the grantor-principal was absolutely...
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1 Answer | Asked in Consumer Law for Texas on
Q: I bought some tickets to an event from stub hub. They added a fee of 131$ but will not disclose what the fee includes

They refuse to tell me the breakdown of the fees and will not give a refund.

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

In the absence of some sort of agreement to the contrary (which would be extremely unusual), StubHub has no obligation to provide a breakdown of the service fees associated with any ticket transaction. In accordance with its ordinary terms of service, all sales are final and it is never obligated... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: I would like to sue a billion dollar company for stealing from its users

Under the guise of TOS terms they have customers/users work/pay for their company and eliminate them at any given time.

John Michael Frick
John Michael Frick
answered on Feb 3, 2025

If you genuinely do want to pursue such a claim against a billion dollar company, I recommend you hire an attorney who is board-certified in civil trial law, who is familiar with clickwrap and browsewrap agreements (assuming the TOS terms are presented to users in that format), and who is with one... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Sexual Harassment, Family Law and Personal Injury for Texas on
Q: What law practice does suing for child abuse and neglect fall under and how to find a lawyer for such an incident

This would include assault of a child, neglect of any type and sexual harassment

John Michael Frick
John Michael Frick
answered on Feb 3, 2025

If the lawsuit will be against someone for monetary damages, the lawsuit falls into the area of practice known as personal injury law.

If the lawsuit will be to terminate or modify the parent-child relationship, it falls with the area of practice known as family law.

These types...
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1 Answer | Asked in Family Law for Texas on
Q: WHAT ARE MY RIGHTS AGAINST CPS. CPS SAID I NEEDED TO HAVE A SUBSTANCE ABUSE ASSESMENT DONE . THEN SUBSTANCE ABUSE

FACILITY INFORMS YOU THAT CPS IS THE ONE THAT NEEDS TO FILE FORM AND EMAIL IT TO THEM. AND THAT CPS LADY KNOWS THAT HER HAVING INDIVIDUAL CALL IS NOT HOW THEY DO THINGS. THEN WHEN CALLING CPS TO INFORM HER OF WHAT I WAS TOLD. SHE TELLS ME THAT SHE SPOKE WITH "LADY A" SHE SAID FOR ME TO... View More

John Michael Frick
John Michael Frick
answered on Feb 3, 2025

You absolutely have the right to decline to submit yourself for a voluntary assessment. CPA would then be obliged to file a motion asking for a court-ordered substance abuse assessment and would have to present evidence warranting it. You would have the opportunity to argue against it and to... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: i lost a no evidence motion for summary judgement due to technical issues by filing reponce an hour before hearing

I motion to reconsider on feb 5 i need to hire an attorney that can help me with this issue or am i sos ? this is the motion what else should i do? The first issue is the timeliness of the filing. The plaintiff had issues with the electronic filing service which is why the filing was late. Texas... View More

John Michael Frick
John Michael Frick
answered on Feb 3, 2025

The "filing" issue can be effectively addressed by a reasonably experienced and competent attorney as long as you can show that your response and any accompanying admissible evidence was SERVED on the moving party at least seven days before the hearing.

Even when an e-filing is...
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