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Questions Answered by John Michael Frick
1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments can they over charge me?

my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments

the initial amount owed did not exceed the 1000 USD but the collection agency plans on charge me over 6K

even after I went and explain the situation to the board regarding the... View More

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

The short answer is yes. An HOA is usually entitled to recover "reasonable and necessary" attorney fees to collect unpaid dues payments. The amount of attorney fees that is "reasonable and necessary" depends upon the amount of time involved. This amount often exceeds the... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Can a court order prevent me from bringing someone with me, who I am dating, to my children's activities?

Never has there been any sort of incident where someone accompanying me has caused a scene or issue. The only issue would be my ex wife being pissed off, and her attorney having too cozy of a relationship with the judge. This "issue" was never previously discussed in any litigation. This... View More

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

Yes, a court order can theoretically do that. Since you mention a "decision letter," that suggests you had a contested custody battle with your ex-wife. It would be surprising in post-divorce custody litigation for such an order to be made without a very good reason established by the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: how do i drop charges?

i am the complaining witness, and pressed charges against someone while severely intoxicated. i do not remember the events as they correctly happened though i told the police officer who originally took my statement i believed i was put in a chokehold. but i want to take it back and they told me if... View More

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

Theoretically, you can submit an affidavit of non-prosecution to the district attorney prosecuting your case. In cases involving domestic violence, that does not always work because the victim and perpetrator typically know one another and may be in a relationship. That raises a concern that the... View More

2 Answers | Asked in Health Care Law for Texas on
Q: Received a 4,000.00 bill from doctors office 3 years after surgery. Never got a call, statement during the three years.

The only reason I knew I had the outstandng balance was because I tried to make appointment and was told I could not coe in until i took care of the bill. They sent me statement. But it was three years old, no late fees, has not been turned over to collections or never have they called me for... View More

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

Sounds like they have been very passive in collecting this outstanding bill. It is typical for many service providers to decline to perform new services when they have not been paid for past services. Nobody likes to work for free. If you can pay this outstanding bill, you should. If you are... View More

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1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Neighbor broke my car window with a can thrown from within his apartment. What is my recourse?

My neighbor in the rental complex (Austin Texas) was in his apartment and began to throw things out the window. One of the cans hit and broke my windshield. There are witnesses and I am filing a police report, although it is 12 hours later. Will his apartment rental insurance or his auto... View More

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

He is probably liable for his own negligence. His automobile policy likely doesn't it. His renter's insurance may or may not cover it depending on the language of the policy and the particular facts. Your own automobile policy almost certainly covers it under either comprehensive or... View More

1 Answer | Asked in Family Law and Divorce for Texas on
Q: My wife has held our marital home for 5 years now , unable to buy me out and refusing to sell. Fire no insurance

2020 I removed our daughter from the conditions she was living in and took her with me , asked for divorce . My wife was supposed to buy me out or sell the house we agreed in July that year , there was no question about our daughter going with me , and nothing to fight over in a divorce nor was I... View More

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

It depends on several facts not mentioned in your question.

1. Did you get divorced?

2. If not, does your agreement comply with the Texas Family Code as an enforceable partition and exchange agreement?

3. If you did get divorced, does your decree award her the home as her...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I have a residential house under contract for rent, executed effective August 1, 2024, the applicant was through Zillow,

I have a residential house in Calera, Alabama, under contract for rent, executed effective August 1, 2024, the applicant was through Zillow.

The tenant defaulted on the rent for September 1. Phone calls and text messages were sent but she failed to acknowledge and respond to either through... View More

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

You will need to follow Alabama eviction law. In Texas, an email notice to vacate would be ineffective. A landlord must deliver written notice to vacate in the form required by the Texas Property Code. Most other states have similar, albeit not identical, requirements. Whoever oversees your... View More

1 Answer | Asked in Small Claims for Texas on
Q: Neighborhood car salesman sold me a car 2 years ago and now wants his plates back.

I made car payments but I lost track of them and I asked him can he send me bank statements so I can see how much I owe him and he never did

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

He has no obligation to send you his bank statements. You can check own bank statements to see how much you owe him.

When someone sells you a used car, you have thirty days to register it in your name and get new plates. A licensed used car dealer would remove the plates from the vehicle...
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1 Answer | Asked in Criminal Law and Elder Law for Texas on
Q: dad lent mom's car to daughter without mom's consent. mom is brain damaged from a stroke. mom wants car back and they...

won't return it. can I report it stolen? I am their son. the car is in Mom''s name.

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

No, you can't report it stolen because you are not an owner of the car. Your mom will have to report it stolen.

Alternatively, if you believe your mom is no longer mentally competent as a result of her stroke, you can apply to court to be appointed as the guardian of her person and...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it unlawful lockout if a landlord locks us out as we are moving? We are paid up completely. Owe him nothing.

We have made repeated attempts to arrange a time only to be ignored. We have conversations in writing stating that he doesn’t want us to get our stuff.

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

It depends on whether your lease has ended and whether you have vacated the premises. Generally, absent an agreement to the contrary, if you or your landlord have ended your lease, you have until the last day of your lease to remove stuff, and anything left after that date is usually considered to... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What do I do to finalize my divorce. It's already filed in Williamson county
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your spouse has been served, has waived citation, has answered, or has agreed to the terms of a decree of divorce.

If your spouse has not been served, you will need to request issuance of citation and make arrangements to have your spouse served. Or, in the...
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2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Are apartment owners liable if their employees forget to lock the pool gates and someone gets hurt
John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Maybe if the failure to lock the gate was negligent and the injury was foreseeable. The trier of fact will have to allocate responsibility for the injury among all culpable parties, including the person who was injured. If the person injured was a child, the child likely would not be allocated a... View More

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2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Q: What if our OAK FOREST Home Assoc is taking no action on neighbor parking over 25ft lL to 40ft fifth wheel in driveway?

OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57

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

You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial... View More

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2 Answers | Asked in Tax Law for Texas on
Q: I live in Van Zandt county tx, I want to bury my dead loved one on my property. Does that exempt me from property taxes?
John Michael Frick
John Michael Frick
answered on Sep 16, 2024

No. Only property EXCLUSIVELY used for the burial of human remains is exempt from property tax. You can replat your land to plat off a small family cemetery, and that family cemetery will be exempt from property tax. But not the rest of your land.

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Spouse has a restraining order for beating his wife and he is undocumented, can the wife leave the state with her 3 kids

She has no family or friends to help in Texas

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

Unless a court order has been entered preventing her from leaving the state with the kids, she is free to do so. If her spouse has court-ordered possession times, she needs to make sure that the kids are available for those times and are available at the location specified in the order for the... View More

1 Answer | Asked in Contracts for Texas on
Q: Can Medicaid take a home I am buying from an elderly family member with a signed contract

I am buying an elderly family member's home who is about to be put in a nursing home. Can medicaid override the signed contract I have with them and take my home?

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

You need advice from an attorney regarding the Medicaid Estate Recovery Program.

https://www.hhs.texas.gov/regulations/legal-information/your-guide-medicaid-estate-recovery-program...
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1 Answer | Asked in Probate for Texas on
Q: Can my dad's ex wife take his truck from me?

My dad died and he had a truck he was paying on. His ex wife was a co signer when they got the truck when they were married. They got divorced and he got the truck. But the registration didn't reflect the divorce winner getting the truck it has both of them on it. He's been making the... View More

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

If the truck was awarded to your father in his divorce decree, it passed at the time of his death to his heirs. While he should have transferred title to the truck into his sole name and paid off or refinanced the loan, the divorce decree is a muniment of title reflecting that the truck was... View More

1 Answer | Asked in Criminal Law for Texas on
Q: How can show the court that i signed probation under distress

My lawyer coerce and pressured me to sign for probation without giving me the opportunity to think of other options and i like to file to the court that i signed my probation while under distress and was coerced

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

Coercion usually requires evidence of the use of force, or the threatened use of force. The best evidence of coercion would be a credible witness testifying that the lawyer pointed a loaded gun at you and told you that, if you didn't sign for probation, he would shoot you.

You should...
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1 Answer | Asked in Family Law for Texas on
Q: how to file a motion to my kids father

please guide me and looking for pro bono lawyer to guide in this motion

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

You should contact a legal aid clinic near you. Lawyers most often volunteer to provide pro bono services to indigent parties through legal aid clinics. Few do so independently because legal aid clinics have administrative staff to screen potential clients, to match them with suitable competent... View More

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Texas on
Q: How do I have my name removed from an apartment lease, if the lease is up?

I have a lease that was signed in April of 2022. In June of 2022, I left the home in Texas and moved back to Colorado. My ex stayed. Last year, the lease was sent to both myself and my ex-I requested at that time my name was removed from the lease. Someone signed my name digitally. Fast forward to... View More

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

My recommendation is to terminate the lease in accordance with the terms of the lease. Usually, this requires written notice to the landlord in advance of the end of the lease term (usually 30, but sometimes 60 days before the end of the lease term. I would include in your written notice a... View More

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