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Questions Answered by John Michael Frick
1 Answer | Asked in Family Law, Civil Litigation and Legal Malpractice for Texas on
Q: Do procedures even matter?

I have noted about 20 different violations by DFPS according to the Texas family code but nobody will do anything. I proved multiple times the investigator lied on the affidavits. I even have another CPI confirming he lied on it. Nobody will do anything. It's like they're all working... View More

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Yes procedures matter. But the remedy for every procedural violation is not "you win." If a document is incomplete, the remedy may well be that you can require them to complete the document. If an investigator lies, you can present evidence of that lie, and that will likely undermine... View More

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for Texas on
Q: If my lawyer didn't file motion own time an got dismissed,an refiled it under new cause number is he causing malpractice
John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Maybe but not necessarily.

If a personal injury lawsuit is dismissed without prejudice, it can be refiled as long as the statute of limitations has not expired. On the other hand, if the statute of limitations expired before the second lawsuit was filed AND you would have definitely won...
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1 Answer | Asked in Collections for Texas on
Q: Should I pay off a closed collection debt?

I defaulted on a credit card for a big named brand store. I owed $1777. I couldn’t make the payments because I was having difficulty affording my daily living costs. I am at a better job and I want to repay the furniture store what I owe but the loan on my credit report says closed? Should I... View More

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

What you should or should not do is a moral question.

You can contact the creditor and offer to pay the account in full if it will change its report to the major credit bureaus to reflect that the account is closed and paid in full. That likely would improve your credit score if you were...
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1 Answer | Asked in Traffic Tickets and DUI / DWI for Texas on
Q: Can I say CORPUS DELICTI against traffic violations.
John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Absolutely. It won't prevent you from receiving a citation or from being arrested for a serious violation like DWI. But you can certainly say it if you like.

Whether you say it or not, the principle of corpus delicti applies, and the State must present sufficient evidence to prove...
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1 Answer | Asked in Consumer Law for Texas on
Q: Can I sue Cash America and EZ Pawn for using rigged tools to measure diamonds?

Pawn shops use rigged measuring tools to purposely inaccurately measure precious stones and give you the lowest amount possible so they can sell for higher

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Yes. If you went to one of those pawn shops to sell your diamond and they used rigged tools to inaccurately measure those diamonds and gave you a lower amount, you can likely sue for the difference and potentially for additional damages up to twice that difference under the Texas Deceptive Trade... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Are you able to sue district attorneys for false charging?

I was fasley charged in Lubbock tx. The charge was dropped months later. During a hearing to proceed pro se in my case, a sitting district attorney stated that my case did not fit the criteria of the charge i was charged with

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Not typically. But if you can prove that the district attorney who filed the charges personally knew you prior to filing the charges and was acting out of personal animus against you, you may have a potential claim. For example, if you are dating the DA's ex-wife and he made up the charge... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My son and girlfriend got caught having consensual relations at school the mother filed charges for rape. What can I do

The school police officer reviewed the video and stated that it was consensual. Both children received the same punishment of 45 days at the LEO school. The girls mother filed a charge for rape.

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

It depends. The age of consent in Texas is 16. Sexual intercourse (and certain other sex acts) involving someone under the age of 16 is by definition non-consensual even if that person enthusiastically participates or initiated it. This is called statutory rape.

If there is an age gap no...
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1 Answer | Asked in Family Law for Texas on
Q: Can I have two last names without a hyphen so I can keep my maiden name at work and married last name in my social life?

When signing documents with two last names do I need to sign both? Do I have to update Credit cards?

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Yes, you can use two last names without a hyphen. This is a common practice for married women. For example, if your maiden name were Katy Marie Norton and you married me, it would be customary for you to go by Katy Norton Frick after our marriage. But it is not legally required that you do so.... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: How can I drive the family car when my wife won’t let me as we are about to get divorced

The car is in my wife name but was bought while we were married. No paperwork has been filed for divorce yet but she took the extra keys and will not allow me to use the car to go to work (delivery job) so I can not make money. I just need the car when she is not working and she will not agree.... View More

John Michael Frick
John Michael Frick
answered on Oct 16, 2024

Locate the keys, take them, get in the car, and drive it. Since the car is community property--and no doubt you are listed as an authorized driver on the commercial automobile liability insurance because you are a delivery driver--she cannot legally exclude you from using the car without a court... View More

1 Answer | Asked in Business Law for Texas on
Q: We have registered a S Corp. but haven't signed byLaws , form 2553, and Certificate of Secretary. Our we a legit company

We are a start up and have registered a S Corp. but haven't signed byLaws, form 2553, and also our Secretary hasn't signed the Certificate of Secretary. However, we have the IRS EIN#. Now we got to a point that we want ask our CEO who is also one of the co-fonder(20%share) to leave the... View More

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

Your question is ambiguous. The filing of Form 2553 is what registers a corporation as an S corporation. Until Form 2553 is filed, the entity is a C corporation. There is a time limit to file the Form 2553 to elect to be an S corporation.

The Board usually can elect another CEO....
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2 Answers | Asked in Personal Injury for Texas on
Q: How long should a personal injury case stay pending in a civil court? Who can give me (the plaintiff) information on a

Motion to Withdraw case left pending? This is my third Attorney...This personal injury case should be under scrutiny. How can I (the plaintiff) go about requesting a "default judgment" with the civil court judge, without any legal representation? I should probably present the matter if my... View More

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

A typical personal injury case will go to trial in 24-36 months. If a defendant was properly served and has not filed an answer, you can file a motion for default judgment with a military service affidavit and certificate of last known address and schedule a prove-up hearing for damages. Make... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can I request a new court appointed attorney if the one boyfriend has is negative and unwilling to fight for him

The attorney he has stays negative and is refusing to argue certain facts in his case she was going to file a motion to suppress but now says she will not cause her argument contradicts the law and has threaten if he goes to trial they will maximize his sentencing is that legal

John Michael Frick
John Michael Frick
answered on Oct 10, 2024

No, you cannot request another attorney for your boyfriend. Only your boyfriend can do that. In most cases, if the attorney is court-appointed, the court will deny such a request based on the description set forth in your question. However, he may gain some traction with the argument that his... View More

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1 Answer | Asked in Personal Injury for Louisiana on
Q: has there been any Neuropathic communication cases about being exploited for money ever been settled in the state La.?

has there ever been mind chip cases about exploitation.

John Michael Frick
John Michael Frick
answered on Oct 9, 2024

A search of the Lexis database for the terms "neuropathic communication" and "mind chip" reveal no reported case decisions in Louisiana using either of those terms. I also searched for the more common terms "neurogenic communication disorder" and "brain... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Who do I get to help me to make my landlord from the apartment complex go over her ledger because they're charging to mu

Charging me too much for late fees they have their computer that is not updated and they keep on charging and charging

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

Your landlord cannot charge you late fees unless you are late as described in your lease agreement. How often the landlord updates their computer is irrelevant to this determination. If your rent is due on the 1st and you pay your rent on the 1st, it doesn't matter when they input that... View More

1 Answer | Asked in Civil Litigation, Contracts and Energy, Oil and Gas for Texas on
Q: I purchased solar panels through Pink Energy aka Power Home solar in October 2021. I financed the panels and Generac

battery through Good leap for 44K. I have since filed a complaint with the BBB and called to resolve this issue on non working Solar panels with Good leap. My account has been placed in forebearance. I need help with this issue.

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

Good Leap is a finance company. Typically, finance companies do not handle repairs to products like solar panels or automobiles. Think of your solar panels like they are your car. If your car isn't working, you go to the dealership that sold you the car for warranty repairs, not to the bank... View More

2 Answers | Asked in Personal Injury and Products Liability for Texas on
Q: I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel

I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel I quickly stopped and saw that that a weld had broken i welded the part to make it home under further inspection I discovered that the original part shouldn't even have any welds and someone had... View More

John Michael Frick
John Michael Frick
answered on Oct 7, 2024

Assuming that you purchased the vehicle new and it is still in warranty, you likely have a claim against the manufacturer under the warranty to have the stabilizer bar properly replaced.

If you bought the vehicle used, it is most likely you bought the vehicle "as-is" and that any...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Could you advise and offer reference details on a matter of an employer using ‘Bait and Switch’ tactics?

The employer placed an advertisement with ‘Indeed’ for a position with an estimated salary of $69k-$92k. Upon the offer letter/hiring, it was $20.46. After persistent research and enquiring, it led to a wrongful/illegal termination. Could you advise and offer reference details?

John Michael Frick
John Michael Frick
answered on Oct 7, 2024

This type of tactic is unfortunately becoming increasingly common. Legally, it is difficult for a job applicant responding to such an ad to prove damages because the job applicant will decline the job offer if the compensation is substantially below what is advertised. At best, the job applicant... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Cps wants to Terminate my right but I refuse to give them up. What is the next step!They have my kids n are place Family

What will happen with my kids if I refuse to give up my rights. CPS wants to Terminate my rights and I'm not going to give them up. What will the out cone.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

The outcome depends on what evidence CPS and you introduce at trial. If you cannot afford an attorney in this type of proceeding, the court will appoint one. That being said, you should retain an experienced family law attorney who has handled CPS termination cases before, if you are able to do... View More

1 Answer | Asked in Consumer Law and Criminal Law for Texas on
Q: Hi a friend of mine just put a down payment on a car and made some payments but she missed one payment a few days ago

And due to financial situation she wasn't able to pay the one payment and now a few days later they have sent a text message saying they're going to arrest her for stealing the car. Is that a scam or can they really arrest her for missing one payment.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

No they cannot arrest her for failing to make a car payment on a car she bought. They can, however, repossess the car if they properly recorded a lien against the car.

They could only arrest her if she stole a car registered in their name. When you buy a car, you (or the dealer) must...
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3 Answers | Asked in Criminal Law for Texas on
Q: How to get my husband out of prison wrongly convicted murder Convicted under law parties for capital murder
John Michael Frick
John Michael Frick
answered on Oct 2, 2024

He can appeal his conviction. If the deadline to appeal has passed, he can file a writ of habeas corpus. He may have to prove "actual innocence." That means he would have to prove that he was not a party to the underlying criminal activity that ultimate resulted in the murder.

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