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Questions Answered by John Michael Frick
1 Answer | Asked in Business Law, Collections and Construction Law for Texas on
Q: Is a Texas City entity required to act as surety for sub-contractors on projects under $50,000 with no Bond in place?

City of Princeton, TX awarded a contract for $49,720 (no bond required) to their vendor. The vendor hired my company to do the whole wireless project for $45,500. We completed the project and provided all the hardware. The city paid the vendor, the vendor has refused to pay us. The city claims they... View More

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

No, a city is not required to act as surety for subcontractors. You have a valid cause of action for breach of contract against the person or entity you contracted with.

There are numerous things that could be in that subcontract to protect you from that person being paid by the City and...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Tumor found in my lung in July 2023. Was not informed until November of 2023 when second scan was done revealing it.

Pulmonary doctor told me I did not have cancer. Thoriatic surgeons told me i had cancer in Feb 2024. What are my options?

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

You need to consult an oncologist and surgeon to discuss your treatment options. This is more of a medical question than a legal question.

If you are asking about a possible malpractice claim, your question is confusing. You seem to say that a tumor was found in your lung in July 2023,...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I received two notices to vacate. Does the law consider the first or second to be the active, effective one?

The first notice met all legal requirements and gave me 3 weeks to move out. The second was mailed to me by a legal aid attorney a month after the move out date in the first one. It fails to meet several legal requirements of a notice to quit. Can I use that in court to have the case dismissed? Is... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

The law does not preclude a landlord from giving multiple notices to vacate. For purposes of determining whether the landlord complied with the legal prerequisites for a notice, any legally correct notice is sufficient, but the landlord will be held to the contents of that notice. So, for... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How do I submit an enforcement for child support on my own?
John Michael Frick
John Michael Frick
answered on Mar 13, 2024

You can contact the Office of the Attorney General through the following link: https://www.texasattorneygeneral.gov/child-support

If, for any reason, you do not want to use the OAG, you need to hire an attorney in or near the county where you live to enforce the child support order. This...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I need to consult with an attorney. I'm having problems with my job.
John Michael Frick
John Michael Frick
answered on Mar 13, 2024

You should use the "Find a Lawyer" tab to search for an attorney who practices in the area of employment law in or near the county where you reside. You can likely get an initial consultation with a competent and experienced attorney for under $1,000. Our firm provides a 90-minute... View More

1 Answer | Asked in Energy, Oil and Gas, Patents (Intellectual Property), Contracts and Elder Law for Texas on
Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I have to let my son visit his dad after he was physically harmed?

My son was physically harmed by his dad during a visit. It left bruises and welts from his back down his legs. CPS was called via hospital and a pending DA case is still open. I have photos and documentation of the incident. My son is 7 and blames himself because he loves his dad and said if he... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Since you have a current custody order, you should 100% follow the terms of that order unless and until a modification is granted. Nothing will derail a good motion to modify faster than not following the existing court order. Not following the order demonstrates to the court that a parent does... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

In Texas, a minor can own property. A "transfer on death" deed (TODD) vests title in real property in the grantee upon the death of the grantor. The grantee's age is not a factor. So, for example, if your father owns a house, he could execute a TODD to your son that would transfer... View More

1 Answer | Asked in Consumer Law for Texas on
Q: What to do with that unfair business model of ashleyfurniture.com?

I ordered a set funiture from ashleyfurniture.com part of the set received damaged.got promised for a replacement. Replacement couldn't be done. I asked for returned because they can't fulfill my order. They refused and said they don't get funiture back after delivered. After alot... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

I'm sure this experience has been frustrating for you.

First and most important, do not discard the furniture you wish to return. Store the furniture in a safe place where it will not sustain any further damage.

Second, document how the furniture was damaged from water,...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: 1. How do I get visitation rights to see my 89 year old mother? One brother is preventing other family from seeing her.

My mother is 89 years old and has documented dementia since 2014. My father cared for her until his passing in Feb. 2023. One brother took approximately $300 - $400K out of bank accounts and opened a new bank account that has him and my mother both as signers. There is no way my mother would have... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

A person cannot simply declare themselves another person's legal guardian. It requires a determination of incompetency and court order.

A person cannot legally change a power of attorney signed by another person. The person making the power of attorney can do that by revoking a prior...
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1 Answer | Asked in Collections for Utah on
Q: I’m trying to pay off a debt to a shady collections agency.

I’m trying to pay off the full amount of the debt for 1,703 the debt collecter sent me to their lawyer because I am being sued by them. She said that if I didn’t pay in full by today or Friday that she would charge me an extra fee of $350. I asked if I could get a written agreement saying I... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

This has all the earmarks of a collection scam.

First, confirm with the court itself that a lawsuit has in fact actually been filed against you. Most courts have online public access to court records. Don't call a number on a letter or click on a link provided to you. Go online and...
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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.

While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can I remove my kids from their mom's custody if think the household is a toxic environment? Or do I need to go to court

My kids live with their mom and her parents. On Saturday the kids called me saying that their mom was arguing with her parents. I showed up to pick them up and called the police because she got physical with her parents and she got arrested. Only spend 1 day in custody. Can I just keep the kids... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

As long as there is not already a custody order in place and you are the legal father of the children, you can retain possession of the children until a court tells you otherwise. That being said, you'd be wise to retain an experienced and competent attorney practicing in the area of family... View More

1 Answer | Asked in Employment Law and Family Law for Texas on
Q: After marriage, if you use two last names without a hyphen, can you use both last names interchangeably?

I am a physician and want to only use my maiden name in a professional setting, and my married name in personal life. I have a colleague in MA who signed her hospital contract under her maiden name only and practices with maiden name only. As a physician in TX, can I only have my maiden name on... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Yes. Many professionals retain the name shown on their diplomas and professional licenses for exactly that reason. Of course, it is not required for a spouse to change her name at all upon marrying and increasingly women retain their maiden names upon marriage. It is still legal for a woman to... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Custody question: if non custodial parent does not pick up children at designated time and date, does he forfeit right?

Non custodial parent asked for later pick up date but agreement was not made. There was no mutual agreements for later pick up date. Can interference charge be made?

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, a conservator does not "forfeit' his right if he is late, but cannot successfully pursue a motion for contempt or enforcement against the other parent for refusing to surrender the child.

An "interference" charge can only be pursued if a conservator takes or...
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1 Answer | Asked in Car Accidents for Texas on
Q: I recently bought a car and hour later I was tboned. I hadn't had time to put the title in my name yet. I have the titl

E and bill of sale. The former owner is filed and insurance claim stating she deserved the money even though she sold the car to me before the accident. Is she right can she do that or is this insurance fraud.

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Because the car was sold to you before the accident, it is unlikely that the former owner's insurance company will honor her claim.

Your insurance company should honor your claim if you timely register the vehicle in your name (you have thirty days) and timely notified your insurance...
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1 Answer | Asked in Wrongful Death for Texas on
Q: MY SON PASSED AWAY IN THE TEXAS DEPARTMENT OF CORRECTIONS, AND I CAN NOT FIND A LAWYER TO TAKE MY CASE. WHY IS IT SO HA

WHY IS IT SO HARD TO FIND A LAWYER TO GO AGAINST TEXAS DEPARTMENT OF CORRECTIONS

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Because it is very difficult to successfully prosecute a lawsuit against the Texas Department of Corrections, most attorneys will not accept such a case on a contingency fee. No one wants to spend the large amount of time and energy necessary to successfully pursue a wrongful death claim without... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: If CP frequently travels for work & has NCP keep their child who is responsible for pick up & drop off?

They live on opposite sides of Houston. About 2 hours round trip. Mom travels often and always makes the father pick up and drop off the child from her house even though she's the one leaving town forgoing her possession. Nothing in their orders address this since she didn't travel for... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

If there is nothing in the custody order addressing pick up and return of the child--which is an extremely unusual situation--there is no automatic default. Texas Family Code 153.316 provides various alternatives, one of which the court "shall" order. The parties can either agree upon... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: PLACING A LIEN AGAINST A CONTRACTORS BUSINESS

I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.

If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Would it be ideal to pay an attorneys fee for a demand letter that we are needing to send to a past landlord?

Our previous landlord is part of an investment company. They invest in properties. We had made a negotiation to end our lease early due to the home not being livable per say. Incidents kept happening with he home and the landlord agreed to let us out early. Come a few months later, we are sent a... View More

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

You likely do not need an attorney in this situation. You likely can write your own letter directed to whomever sent you the bill stating that you do not owe the bill because the landlord agreed to cancel the lease early without penalty. You should include a copy of the bill you received so they... View More

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