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Questions Answered by John Michael Frick
1 Answer | Asked in Employment Law for Texas on
Q: Will a non compete affect my ability to move to another company?

Employer is based in NY, I reside in Texas.

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

A non-compete agreement can restrict your ability to move to a different company in Texas. It depends on whether the non-compete agreement itself is legally enforceable under the Covenants Not to Complete Act and whether the work you will be doing for the new company violates the terms of your... View More

1 Answer | Asked in Business Law, Construction Law, Contracts and Real Estate Law for Texas on
Q: We bought a mobile home on a 25 year contract, but it is not structurally what they told us it would be. Lawsuit?

Can a mobile home manufacturer sell me a house on false pretenses? The manufacturer told us on the phone with the sales person that all studs on the interior of the home would be on 6” centers. That’s not the case. There are 24” centers in the entire inside of the double wide mobile home.... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

Your rights will depend heavily on your sales contract, warranty, and other written documentation. It would be extremely unusual to be able to enforce a verbal conversation with a sales representative that substantially varies from the contents of those documents.

That being said, most...
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1 Answer | Asked in Civil Litigation for Texas on
Q: What federal statue would hold up on snap removal to federal court on a breach of lease. Major Federal crimes

The court is requesting that I quote federal law as to why the defendant has a federal claim in their state court proceeding. They are a foreign corporation all defendant diversity of citizenship dtpa over 75K all apply. They wrongfully sued for breach of contract and laid down on case so state... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

It is very difficult to understand the procedural history in your question. Ordinarily, the plaintiff would initially choose in which forum, state or federal, to file the lawsuit. If the plaintiff has filed in state court, but there are sufficient grounds for federal jurisdiction--either via... View More

1 Answer | Asked in Family Law and Identity Theft for Texas on
Q: My mom died in Springfield Illinois in 1998 at age 58. Bro bought house 2007 and mom is showing as resident. How and Why

She passed away at her and my fathers address in Springfield May 1998. How could she show up as a resident of a home purchased in 2007. That year she would have been 65.

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

It depends on exactly what you mean by "showing as a resident." It very likely could be a simple mistake. Directories and similar companies make errors all the time. For example, from time to time, I occasionally receive advertising mail addressed to my deceased father at my own... View More

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Ex- Spouse is moving children out of the county which violates the divorce decree. What are my next steps?
John Michael Frick
John Michael Frick
answered on Dec 31, 2024

You can file a motion to enforce the geographical restriction in the divorce decree. If you wait too long to do this, the court might view you as having waived any complaint. While it is not certain that you will win--because every case turns on its own unique set of facts--your chances of... View More

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: What does it mean within 5 days to post bond. If the bond for an appeal was posted on the December 26
John Michael Frick
John Michael Frick
answered on Dec 30, 2024

Ordinarily, if a losing litigant in an eviction proceeding in JP court wants to appeal to the county court at law, the losing litigant must post an appeal bond within 5 days. A bond posted on December 26 would be timely if the judgment in the eviction proceeding was signed on or after December 20... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for Texas on
Q: charged with a felony after 180 days does the 6th amendment apply?
John Michael Frick
John Michael Frick
answered on Dec 30, 2024

The Sixth Amended applies both before and after 180 days. There is nothing magical about 180 days.

If you have been arrested and jailed for a felony, you must be indicted within 180 days or the State must release you on a personal recognizance bond.

1 Answer | Asked in Small Claims, Consumer Law and Personal Injury for Texas on
Q: I bought a car 26 days ago, with impression wasa safe & reliable vehicle, just needing breaks,but been wrecked?

It has no air bags due to being wrecked & taking it to dealership is only option to fix, & it also has a bad transmission! & Frame is damaged But was told it was a safe reliable vehicle! What can I do legally? My 13 year old ride's in this car with no air bags & he was injured... View More

John Michael Frick
John Michael Frick
answered on Dec 30, 2024

Assuming the vehicle is used from the nature of your question, you may have a remedy under any warranty you received or bought at the time of the transaction. If you did not receive a warranty, most used vehicles are sold as-is. So you would not have a remedy against the seller. Many people who... View More

1 Answer | Asked in Business Law and Civil Litigation for Texas on
Q: Is it possible to find out all previous lawsuits/cases filed against a company?
John Michael Frick
John Michael Frick
answered on Dec 28, 2024

Theoretically, you can search the court records of every court in the United States (with certain exceptions like the FISA court).

All federal civil cases are online in the PACER system. Many (but not all) state court civil cases are available online, many for free. For those not...
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1 Answer | Asked in Business Law and Consumer Law for Texas on
Q: Do I have to get a new loan if the finance company mistakenly closed my original loan as satisfied ?

I financed a vehicle and then received a letter from the finance company saying the loan was satisfied. The dealer has requested that I start a new loan. I’m not sure if I can negotiate a better deal since they made the mistake.

John Michael Frick
John Michael Frick
answered on Dec 27, 2024

My gut is telling me that there is more to this than meets the eye. If your loan was satisfied--meaning you repaid the loan with interest according to its terms--you do not have to get a new loan unless you need to borrow additional money to finance a vehicle.

If the letter was sent by...
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1 Answer | Asked in Consumer Law for Texas on
Q: I was viewing a product on a large beauty website today, and I received an email, I never ever gave them my email.

Can they be sued for however they got my information? and how to go about it?

John Michael Frick
John Michael Frick
answered on Dec 27, 2024

It depends on how they got your information, whether that method is legal, and what legally compensable damages you sustained.

If you genuinely sustained substantial compensable damages as a result, I recommend you hire a private investigator who specialized in cybersecurity and...
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1 Answer | Asked in Personal Injury, Agricultural Law and Insurance Defense for Texas on
Q: I live on a 3000 acre "Ranch Themed Community" in Kerrville Tx. The ranch assets are collectively owned by the residents

One asset is a horse trail riding operation which has been run on the ranch for 5 decades. The recent HOA board of directors has placed a moratorium on trail rides contending an equine liability / injury lawsuit judgment could be collectively enforced against all the residents of the ranch. The... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2024

Ordinarily, to the extent any judgment isn't covered by insurance, it would be satisfied from assets of the HOA. If an HOA does not have the funds to cover a debt or judgment, the HOA typically would then make a special assessment against its members to pay the debt or judgment.

Mind...
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1 Answer | Asked in Legal Malpractice for Texas on
Q: If I had an attorney who didn't show up for a show cause hearing and thereby got DWOP w/o prejudice but lost equitable r

Can I file on his E & O Insurance. This was just 1 of many errors or whatever you call a very experienced attorney doing things like this

John Michael Frick
John Michael Frick
answered on Dec 26, 2024

You would actually be filing a legal malpractice claim against the attorney for the damages you sustained as a result of the DWOP. If your claim is not barred by the statute of limitations, this may be limited to the filing fees and any expenses incurred in connection with the dismissed case which... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Is lack of outside witness an example of lack of probable cause
John Michael Frick
John Michael Frick
answered on Dec 26, 2024

Probable cause is determined by all of the facts and circumstances known to the police officer at the time of the arrest or search. The absence of a material witness can play a role in that determination if the circumstances known to the police officer indicate that another person witnessed the... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: In my divorce decree it states I have to pay for my child’s transportation back home. If her mom is driving how does th

This work. Do I just pay a portion of the gas?

John Michael Frick
John Michael Frick
answered on Dec 26, 2024

It depends on the specific language in your divorce decree. Usually, this language contemplates that you are paying commercial airfare or bus fare for your child's transportation home. Rarely does it contemplate paying gas for the other parent to drive the child home.

1 Answer | Asked in Estate Planning and Elder Law for Texas on
Q: My mother is currently in a coma. She is in septic shock, severely malnourished, and has an infection in her brain.

She lives in Texas and I am in North Carolina. She is not married. What do I need to do to be able to get be able to make medical decisions as well as handle her assests and Financials? I have VERY limited money and worried there are people in Texas who are cleaning out her house and someone has... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2024

Because she is not able to give you her power of attorney, you will need to file an application to be appointed as the guardian of her person and of her estate until she recovers. Such a proceeding can be filed in the court with probate jurisdiction in the county where she resides. You should... View More

1 Answer | Asked in Consumer Law and Identity Theft for Texas on
Q: I just had Rocket Mortgage reach out to me due to them seeign an inquiry from the bureuas that we had submitted a loan

application with our loan officer, they didnt have the right to call or reach out to me and my number is on the DNC

John Michael Frick
John Michael Frick
answered on Dec 26, 2024

You can file a complaint with the Federal Trade Commission via

complaints.donotcall.gov/complaint/complaintcheck.aspx

The offending party could receive a fine for violating the do-not-call registry statute.

1 Answer | Asked in Traffic Tickets and Criminal Law for Texas on
Q: I'm 17 going 91 in a 65 I only had a permit the officer gave me a ticket with a court date and let me drive off

Will I get a felony

John Michael Frick
John Michael Frick
answered on Dec 25, 2024

No. It’s a traffic fine. Your insurance premiums will be incredibly high for the next several years.

1 Answer | Asked in Medical Malpractice and Health Care Law for Texas on
Q: I need to know the patent to delete medical records.

Misleading fraud accusations defamed computations.

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

This does not sound like a patent question.

A "patent" is an exclusive right granted by the U.S. government to an inventor for a new and useful invention. If you are the inventor of a device that deletes medical records, you should discuss this matter with the patent attorney...
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1 Answer | Asked in Probate for Texas on
Q: Can probate do this to me?

Probate cash approved me for $30,000 with payments of $1,500 monthly. They haven't honored their part..They only deposited $5000.00 the first month and nothing since.. They're saying they won't release the remainder of my loan until I win my case. And that wasn't the agreement.

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

"Probate Cash" is a trade name for a Florida lending institution that makes what it calls "Inheritance loans" to heirs when estates are tied up in the probate process.

You should first thoroughly read, and make sure you understand, your lending documents.

If...
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