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Questions Answered by John Michael Frick
2 Answers | Asked in Car Accidents for Texas on
Q: Center Lane left turn accident. Who is at fault?

Unit 1 was traveling South bound and was attempting to make a center lane left turn into parking lot but stated he did not see the motorcycle until it was too late causing Unit 2 to collide with the right rear of his car. Unit 2 stated he was traveling North Bound when Unit 1 pulled out to make a... View More

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

The drivers of Unit 1 and Unit 2 are both at fault. The trier of fact will have to allocate the percentage of responsibility between the two drivers after hearing all of the evidence and considering all of the circumstances at the time of the collision.

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1 Answer | Asked in Divorce for Texas on
Q: Can my ex wife's attorney block the signing of the title to a vehicle that was awarded to me?
John Michael Frick
John Michael Frick
answered on Aug 13, 2024

Not successfully if your attorney included the normal provision in your final decree of divorce that requires your ex-wife to sign a power of attorney to transfer motor vehicle title.

2 Answers | Asked in Real Estate Law, Appeals / Appellate Law and Estate Planning for Texas on
Q: Do you assist with families who were included in a trust and will but didn't receive what I'm untitled to?

I applied for legal assistance through Texas legal aid and was told the executive director didn't handle the shares properly and I was told to get a private attorney because I have a case.

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

Yes, our firm handles such cases. However, this is not the type of case that a private attorney is likely to handle on a contingency fee. You should assume that you will need to pay a reasonable fee at an hourly rate for services and deposit a reasonable initial retainer before a private attorney... View More

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1 Answer | Asked in Small Claims and Civil Litigation for Texas on
Q: My husband’s bestfriend borrowed $200 from my husband & now she refuses to pay us back. We have a 5 month old baby too.

I was visiting her place for a few weeks and she needed $200 from my husband for “groceries in the house” to insure comfortability for me. She verbally promised my husband on my cellphone device that she would pay him back when she gets paid while on FaceTime. She got paid July 30th and did not... View More

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

You can file suit to collect the debt against the friend in justice of the peace court in the county and precinct where the friend lives here in Texas. Our justice of the peace courts have jurisdiction over small cases where the amount in controversy is $20,000 or less. You do not need an... View More

2 Answers | Asked in Personal Injury for Texas on
Q: Can I sue a fast food restaurant for finding dirt on my wrap after I had ate part of it.
John Michael Frick
John Michael Frick
answered on Aug 13, 2024

What are your damages?

In order to prevail in a lawsuit, you must generally show that the defendant owed you some sort of duty, that the defendant breached that duty, and that the breach proximately caused you to suffer legally compensable damages.

For example, if a food product...
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2 Answers | Asked in Civil Rights for Texas on
Q: Can a RALJ be sued under 1983 for rendering extrajudicial dismissal orders to preclude due process to the plaintiff?

Personal animus, improper influence, stalking my pleadings, manipulation of other judges to deprive due process by wrongful dismissal, and more on the actions listed.

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

Theoretically yes.

The plaintiff would need to prove that the judge was acting completely outside the scope of his judicial powers either as a result of personal animus against the plaintiff arising from some relationship outside of his judicial role (for example, the judge is a neighbor...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: My lease is up and landlord went up on rent from 650 to 800. We agreed to pay 700. Can they demand you keep paying 800.

They bring they notice on a paper attached to door. I have written to them I only agreed to pay 700. I also have several issues with my apartment maintenance says they will call me back and we are an there list to be fixed but I haven't heard anything. I have told landlord several times.

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

If your lease is up and you have not vacated your apartment but are current on your rent, your landlord must give you thirty days notice before evicting you.

Your landlord can take the position that they will not renew your lease or allow you to holdover unless you agree to its new...
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1 Answer | Asked in Sexual Harassment and Criminal Law for Texas on
Q: What do I do if someone black mailed me into nudes and now is harassing me and trying to ruin my life with them

They know all of my personal information and even somehow figure out who I’m friends with at my college I’m about to start at that they would have no way of knowing. I’m currently 18 but was a minor when all of the original blackmail to recive the nudes they have took place.

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

Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor... View More

1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: Storage facility not wanted to pay insurance claim

My storage building caught on fire I was behind on my payment I called for a payment arrangement they gave me til the first mean time my storage building caught on fire and the storage facility refuses to pay my claim statrng I didn't have coverage at time . Amarillo Texas

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

Generally SELF-storage companies are not liable for any loss or damage to property stored by their customers in the customer's self-storage units simply by virtue of the relationship. A self-storage company can be liable if the customer can prove the company either intentionally or... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Blood search warrant had a typo in the name. What will happen can I sue the police department?

Stopped and arrested for dwi

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

A typo does not necessarily invalidate a warrant. Generally speaking, you cannot sue police for stopping you and arresting you for DWI even if you are ultimately found not guilty. Theoretically, you could sue if you can show the officer knew you from outside of his occupation as a police officer... View More

1 Answer | Asked in Libel & Slander for Texas on
Q: I just discovered that my past employer/boss was spreading rumors could I still sue for defamation?

It's been a year since I left but a manager I worked with that left told me the store director contacted her(showed me the texts) and was the one spreading the rumor to get me fired/force me to leave.

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

Defamation has a one year statute of limitations. The discovery rule likely applies meaning that the time does not begin to run until you discovered, or a reasonable person would have discovered, facts giving rise to your claim, but it is not necessary that you discover every piece of evidence. A... View More

2 Answers | Asked in Divorce for Texas on
Q: Can I use liquid paper or tape on original petition for divorce or do I need to redo the whole page?
John Michael Frick
John Michael Frick
answered on Aug 7, 2024

Because court documents are electronically filed, you should probably just edit the source document before submitting it electronically for filing. You may encounter difficulty with the court clerks trying to file a paper petition with liquid paper or tape on it.

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1 Answer | Asked in Construction Law and Real Estate Law for Texas on
Q: How do I take care of this lien?

We filed a lien a customer. The property owner has let us know that customer was their tenant and have asked us to release them from the lien. The customer has now filed bankruptcy and I just filed a claim with that court. Can I release the property owner from the lien and still keep the lien... View More

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

Additional information is required in order to properly answer this question. Is this a residential or commercial property? Is the lease a ground lease? Did the landlord consent to the work you performed? What is the status of tenant's leasehold interest in the property? Is the tenant... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Hi if I was coerced into surrendering my doggy because he threatened me with reporting me as animal cruelty and neglect?

Animal control agent used my situation and how distraught I was against me leaving me no choice but to willingly give up my doggy. She was unjustly and untimely put down. I seek restitution for her name sake.

John Michael Frick
John Michael Frick
answered on Aug 6, 2024

Coercion requires evidence of the use of force, or threatened use of force. For example, the classic example of coercion is holding a gun to someone's head and saying: "Sign this or I will shoot."

Being "distraught" and someone using your "situation"...
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2 Answers | Asked in Civil Rights for Texas on
Q: I believe my son has a case against Harris County for civil rights violation we need a lawyer

He fought the case for 6 years he has not been able to get a job there's been death threats it's been a nightmare and we need help

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

There are several defenses available to counties and other state-affiliated parties that require the experience and abilities of a seasoned trial attorney with a lot of specific past experience in this particular niche area of law. S. Lee Merritt is one of the very best civil rights attorneys,... View More

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1 Answer | Asked in Employment Law for Texas on
Q: HR wants me to sign a document stating I have “certain actions that violated my employer code of conduct I don’t agree

HR wants me to sign a document ( in order to continue to work with them) stating I had “certain actions that violated my employer code of conduct and employment agreement and take a coaching course. The actions are result of retaliation from another employee after I reported a verbal attack... View More

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

If you refuse to sign it and your employer fires you, you will have an argument with the TWC as to whether your were fired "for cause." Your position would be that you refused to sign it because it isn't true.

On the other hand, if you sign it and your employer fires you,...
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1 Answer | Asked in Child Custody for Texas on
Q: How do I file a motion to dismiss a child custody case from Louisiana for modification in Texas?

I live in Texas with my daughter, but her Dad lives in Louisiana. Lately, he's become aggressive and can't stick to the orders. He recently filed a report with CPS with false allegations. I'm needing to enforce the orders and modify them in Texas. I understand there's a motion... View More

John Michael Frick
John Michael Frick
answered on Aug 1, 2024

Under the Uniform Child Custody Jurisdiction Act, Texas becomes the "home state" of the child once the child has resided in Texas for six months. If your child has resided in Texas for at lease six months, you can simply file a motion to modify in a district court with family law... View More

1 Answer | Asked in Employment Law for Texas on
Q: Can a boss suddenly flip and change from hybrid to in person position. Also force international travel.

This is in Texas an at will work state. Things were fine for 3 years. Moved to Texas for work. Recently there was a 5 day mandate to work in office. They want me to drive 1.5 hours every day to be there for half a day at least in office. They are also forcing international travel on us. I can... View More

John Michael Frick
John Michael Frick
answered on Aug 1, 2024

Because you are an at will employee, your boss cannot force you to change from a hybrid to an in-person position. All he can do is ask. If an agreement is not reached on whether moving forward you will be working hybrid or in-person, either you or your employer can terminate your employment... View More

1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: I’m supposed to close on a new home. On our final walkthrough I noticed a repair that was done poorly.

The builder is trying to force me to sign off on the repairs before we close tomorrow. She specifically said we cannot close until I sign off on the repairs. I feel like I’m being forced to sign off on this because they have my $25,000 in earnest money. What can I do?

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

You can so "no" and refuse to "sign off" on the repairs. You can tell the builder in writing that you are prepared to close on the agreed date but that you do not accept the repairs as having been completed in a good and workmanlike manner and that you are not waiving any right... View More

1 Answer | Asked in Car Accidents for Texas on
Q: I was in a car rental when it caught on fire no injuries or burns.

I’m in contact with a ford legal analyst and they wanna settle but I feel like that’s not enough for what we loss in car. Also car has recalls

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

If you believe the settlement being offered isn't enough, you should hire a personal injury attorney in or near the county where you rented the car or where the fire occurred. Many such attorneys accept cases of this nature on a contingency fee (1/3 or 40% is common depending on the amount of... View More

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