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1 Answer | Asked in Consumer Law, Civil Litigation, Libel & Slander and Personal Injury for Texas on
Q: Paid for cleaning service, unsatisfied, got cease and desist after disputing charge and leaving review. What to do?

I paid over $400 to a company to clean my empty house before moving. The maid sent cleaned two rooms poorly and left. After contacting the company multiple times, they agreed to resend the maid, but by then, the house was full of furniture, and their policies would not allow cleaning under such... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2025

In my professional opinion, ignore them and do not remove the Google review if its contents are factually accurate.

0 Answers | Asked in Energy, Oil and Gas, Tax Law and Business Law for Texas on
Q: Overpayment of royalties by oil and gas company in Texas with 1099-MISC discrepancies and recoupment process questions.

I am a royalty owner concerning an oil and gas company in Texas. I suspect there has been an overpayment on my royalties, but the company has not responded to my inquiries about this. I have noticed a discrepancy in the 1099-MISC, which shows a higher excess of taxes deduction based on the total... View More

0 Answers | Asked in Criminal Law and White Collar Crime for Texas on
Q: Will charges be filed for accidental credit card use on eBay?

I accidentally used a credit card found in my mailbox, belonging to someone else, to purchase a $3,000 item on eBay. I realized the mistake a few hours later and unsuccessfully tried to cancel the order. The item has been shipped, and I expect to receive it today. I haven't taken any further... View More

Q: How can I protect my son's identity and benefits while managing his mineral rights?

I filed for ancillary probate in Texas after my wife passed away intestate, adopting our minor son. He was named an heir, and I was appointed by the court as the administrator and custodian. We receive oil and gas royalties in Texas. Recently, I received a letter from the oil and gas company asking... View More

0 Answers | Asked in Criminal Law, Military Law and Traffic Tickets for Texas on
Q: Court for failure to comply with ignition order in TX; no legal advice received.

I've been unable to maintain my job due to an incident that occurred before I could swear into the army. Consequently, I couldn't pay for Intoxalock's calibration, though I've informed my pre-trial officer about this issue. Despite being in compliance with my bond conditions... View More

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: How can visitation be adjusted for a child starting pre-kindergarten when parents live over 100 miles apart?

I'm currently alternating weeks with the other parent for visitation, but we now live over two hours apart, more than 100 miles away. Our daughter is about to start pre-kindergarten in a few months, and we don't have any existing court orders for visitation. I've tried discussing the... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2025

You can file either an original suit affecting the parent-child relationship to establish a court-ordered possession schedule or, if you already have a court order, a motion to modify in suit affecting the parent-child relationship.

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1 Answer | Asked in Real Estate Law, Civil Rights and Civil Litigation for Texas on
Q: Easement rights violation in Texas, seeking legal remedies.

I am an heir to a property involved in an easement rights violation in Pittsburg, Texas. Both homes with access rights to the easement belong to heirs of the original owners. Recently, one elderly relative residing in one of the homes has been blocking access to the other, causing stress. The... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2025

Your cousin can file a suit seeking an injunction against your elderly brother to enjoin him from interfering with the cousin's easement rights.

0 Answers | Asked in Energy, Oil and Gas and Contracts for Texas on
Q: What happens to a mineral rights owner's overpayment when an oil company sells assets to another in Texas?

When an oil and gas company in Texas sells its assets to a new company, what happens to a mineral rights owner's overpayment from the previous oil company? I was notified by my lender over the phone about the overpayment, but received no written notice, and the previous oil company is refusing... View More

0 Answers | Asked in Energy, Oil and Gas and Tax Law for Texas on
Q: How are overpayments for mineral rights royalties resolved in Texas?

I am a mineral rights owner in Texas receiving royalty payments. My oil and gas company mentions that an overpayment is due from an oil company that recently purchased assets. How are overpayments for mineral rights royalties typically resolved? What are the tax implications, and should I expect to... View More

0 Answers | Asked in Employment Discrimination, Sexual Harassment and Employment Law for Texas on
Q: Employer discrimination, harassment and assault case inquiry.

I am facing employer discrimination and harassment, and I have been assaulted at my workplace. I reported the incident to HR, and I want to know if I have a case against my employer. What steps should I take next?

0 Answers | Asked in Energy, Oil and Gas, Tax Law and Business Law for Texas on
Q: How are mineral rights overpayments handled in Texas?

I received a detailed payments report from an oil and gas company in Texas, showing a significant sum of mineral rights royalties cleared. These royalties seem to include an overpayment issue, which arose after the original oil and gas company sold its assets to a new buyer. I need to know whether... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Consumer Law and Real Estate Law for Texas on
Q: How can I dispute my apartment's charge for damage caused by improper installations?

I reported an issue with my washer and dryer unit being improperly installed behind a glass mirror closet in my apartment over a year ago. Initially, the apartment complex acknowledged the washer's placement caused damage but assured us we would not be charged. Despite emails that go... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2025

You should send written notification to the landlord or the landlord's representative with copies of the photos and videos. Check your lease to determine if it contains a provision specifying where and how written notice is to be sent. If your lease does not contain such a provision, send... View More

4 Answers | Asked in Real Estate Law and Contracts for Texas on
Q: Buyer requests Warranty Deed after Release of Lien; what's necessary?

I sold a piece of land using a Deed of Trust and Warranty Deed with a vendor's lien. The original buyer wanted out of the contract, and another buyer assumed the note. The property was transferred to the new buyer's name, and upon full payment, we issued a Release of Lien to them. Now,... View More

Anthony M. Avery
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answered on Apr 15, 2025

The release is not a conveyance. However the original notemaker and grantee apparently holds title now, so the third party should get a deed from him not you. You have already conveyed your interest and released the Deed of Trust.

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3 Answers | Asked in Contracts, Civil Litigation, Personal Injury and Criminal Law for Texas on
Q: Legal actions for premature car repossession due to verbal agreement breach.

I borrowed $1100 in December 2024 under a verbal agreement that I had 6 months to repay the money, during which my car couldn't be taken. Despite this, the lender impersonated a hotel manager to have my car towed away prematurely on April 12, 2025, only 4 months into the agreement. I called... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2025

In the absence of a recorded lien against the motor vehicle as collateral securing repayment of the loan, the lender violated Texas law by taking possession of your motor vehicle. You should report the taking of your car to local police.

You also can file a lawsuit under the Texas Theft...
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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Texas on
Q: Tenant provided 30-day notice; lease requires 90-day. Can deposit be retained?

I am a landlord in Texas, and my tenant recently provided a 30-day notice to move out, but the lease requires a 90-day notice. They claim they informed me 8 months ago via email of their intention to possibly not renew since they intended to buy a home. The lease agreement specifies a 90-day... View More

James L. Arrasmith
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answered on Apr 15, 2025

Yes, if your lease clearly states that a 90-day written notice is required to terminate or not renew, then you’re within your rights to enforce that term. An email from 8 months ago that casually mentions the possibility of moving doesn't meet the standard for formal written notice,... View More

3 Answers | Asked in Consumer Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: How to pursue legal action in TX against Concord Auto Protect?

I purchased an auto warranty contract from Concord Auto Protect on November 22, 2023, which is set to expire on November 25, 2025. In 2023, I successfully used the warranty once. However, when attempting to use their services again in March 2025, both the service department and I made multiple... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

If you purchased the warranty in Texas and it does not contain either an arbitration clause or forum selection clause, you can sue the company here in Texas for breach of the warranty contract. Depending on what the lawsuit filed by the Pennsylvania AG alleges, there may even be a suit for a Texas... View More

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3 Answers | Asked in Collections, Bankruptcy and Public Benefits for Texas on
Q: Facing legal action for unpaid $7,000 medical bill, need options and potential defenses.

I'm facing legal action from a hospital for a $7,000 unpaid medical bill. I've received letters about court dates and thought the debt had gone to collections. I haven't attempted to set up a payment plan, and I'm currently experiencing financial hardship. What options do I have... View More

Timothy Denison
Timothy Denison
answered on Apr 14, 2025

Bankruptcy could be an option. You haven’t identified any potential defenses in your narrative.

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Q: Challenge POA legitimacy and estate distribution among siblings in Texas.

In Texas, my sibling presented a notarized Power of Attorney, reportedly signed by our mother, who was under Medicaid and in poor health. This was done without involving other siblings or reaching an open, written agreement. Our mother had suffered a severe fall due to an incident with an American... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More

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2 Answers | Asked in Health Care Law and Civil Litigation for Texas on
Q: Medical records exposed due to improper packaging; seeking legal advice.

I recently requested my medical records from my OBGYN of over 10 years. I was told I would receive them by mail, but they arrived in a damaged, open envelope because too many records were stuffed into a small paper envelope. The post office rewrapped them with a note about the poor packaging, but... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

I do not think it would be worthwhile for you to retain an attorney at this point. Mere worry and fear that your records may have been exposed while being sent through the US Postal Service would not be sufficient to support any award of monetary damages. You probably have done what can be done... View More

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2 Answers | Asked in Insurance Bad Faith and Probate for Texas on
Q: Life insurance proceeds issued to estate with no will or probate in Texas; potential bad faith?

Can life insurance proceeds be issued to an estate when no estate has been opened, especially if there is no will, assets, or probate involved? My mother’s life insurance named my dad as the sole beneficiary, but he passed away before her. The insurance company states their policy directs... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

With the policy not naming any contingent beneficiaries, the insurance company must issue a check for the policy proceeds to the Estate of the decedent. It would be bad faith if the insurance company issued the check to you and/or your siblings personally.

The executor of the...
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