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Texas Questions & Answers
0 Answers | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: If I've been indicted in tx on stalking and the indictment states on or about may 22,2021-july 27,2021 the offense occu

The statue of limitations is three years to indicted. The indictment was stamped july 11th 2024 will statue of limitations of three year dismiss the case.

1 Answer | Asked in Consumer Law and Real Estate Law for Texas on
Q: I have a shed that I hadn’t made any payments on for a few months they took off my fence and took the shed

They didn’t put the fence back what can I do

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

You can hire a fence contractor to replace your fence or you can do it yourself. If they can successfully sell the shed and recover more than the amount you owe plus the cost of repossession (including the removal of the fence) and cost of the sale, you may be entitled to any additional proceeds.

1 Answer | Asked in Criminal Law for Texas on
Q: My cousins truck was stolen. What do I do he's in jail and I have no vin # or title just a picture of the license plate.

The truck was stolen Wednesday July 24th 2024.

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

You should call the police and report the vehicle as stolen using the license plate number and giving them your cousin's name. Vehicle registration records will tell police the VIN.

You should visit or write your cousin to determine who his insurance company is and assist him in...
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1 Answer | Asked in Real Estate Law for Texas on
Q: If my apartment complex is sold to a new owner, am i required to sign a new lease?

I have lived in my apartment for 7 months and i have signed 2 leases during that time (my lease is for 12months). The second time i sign lease it was due to the property being sold to a new owner, which it was sold again to a new owner (who i have no information about). Since my complex was sold 3x... View More

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

No, you are not required to sign a new lease.

If the new owner purchased the complex with prior knowledge of your lease, the new owner can simply step into the shoes of the old owner as your landlord under the terms and conditions of your current lease.

The new owner may ask you to...
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1 Answer | Asked in Criminal Law for Texas on
Q: What can happen to me for dumping trash

I was helping my son earn money and he had to haul some trash. I wasn't sure what to do with it and was afraid to burn it so I drove and my son threw it off the truck in a pile on the side of the road.

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

You can be cited and charged with illegal dumping which ranges from a Class C Misdemeanor if the quantity was less than 5 pounds and less than five gallons all the way up to a state jail felony if the quantity was 1,000 pounds or more or had a volume of 200 cubic feet or more. At the bottom end,... View More

1 Answer | Asked in Family Law for Texas on
Q: Question about Family Law

I am married with 2 kids. My wife took my kids and went to her country for a month vacation. Now, it's been almost 2 months, and she is not coming back. I told her to come back but she started being rude and telling me that she will come whenever she wants. My son's school is getting... View More

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

1. Yes

2. Yes, you can file a report of child abduction with local law enforcement or the FBI. Depending upon the facts and circumstances, they may or may not act upon such a report and may or may not prosecute your wife. But there will be a formal report nonetheless which shows you are...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I am a landlord in the process of evicting a tenant for non payment of rent. We have done the legal process via the JP

Court and the County Court who she appealed to then rejected her appeal and sent it back to the JP Court. She has since filed for bankruptcy - can we proceed with issuing the Writ with the JP Court or because of her filing bankruptcy are we prohibited to filing the writ and having the constable... View More

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

The bankruptcy does not stay the issuance of the writ of possession.

2 Answers | Asked in Estate Planning for Texas on
Q: How does a will accommodate beneficiaries listed on a specific account?

If a will stipulates that each heir receives 25% of assets and there is a specific financial account that has listed two beneficiaries, would the amount received from that account count as part of the division of assets?

Anthony M. Avery
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answered on Jul 25, 2024

Usually specific bequests and devises are transferred prior to distributions of residuary estate assets. You will need a TX attorney examine the Will and possibly check out the assets. If Will is not probated, it means nothing. Your present question cannot be answered.

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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Texas on
Q: I do not know what my charges are. I wasn't in my truck, and yet they're trying to keep it. I don't know what to do
John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You should hire an attorney in or near the county where you were arrested who has experience defending civil forfeiture proceedings. The government can pursue seizure and forfeiture actions even though no one was arrested and no charges have been filed. As the owner of the truck, it is incumbent... View More

2 Answers | Asked in Tax Law and Business Law for Texas on
Q: If I transfer ownership of a business to my father, what are my options and responsibilities given there's back taxes?

My father runs a cleaning (franchise) business that is under my name, but I am not actively involved and I do not receive proceeds. It opened in late 2017 and didn't see any revenue until 2018 when it first acquired contracts. I'm looking to transfer ownership to my father for the... View More

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

You can transfer 100% of your interest in the business to your father. You will be legally responsible for all taxes incurred by the business prior to the effective date of your transfer of your ownership interest.

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1 Answer | Asked in Contracts and Employment Law for Texas on
Q: I’m a professor who just accepted a position at another university. I took sabbatical and have only completed one year.

The faculty manuel says the following:

“Should a faculty member on sabbatical decide not to return to the university, the pay advanced during the sabbatical will be due on demand to the university, except in the case of permanent disability or death. At the conclusion of the sabbatical,... View More

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

If your employment contract with the university incorporates the faculty manual by reference, legally you are required to reimburse half of the salary advanced during the sabbatical on demand because you only worked one of the two academic years after the sabbatical. Legally, that means a single... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: What does it mean when a person receives a letter from the Bankruptcy Court about a Chapter 11.

Also, what does it mean when you receive a letter from the United States Trustee Office of Estate Planning, about class claims.

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

It means that you are a creditor of the entity named as debtor in the Chapter 11 bankruptcy proceeding. In other words, the entity that has filed bankruptcy has listed you as someone it potentially owes money to.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Tax Law for Texas on
Q: Went in contract on 2/7/24 w/ a business that I didn't know that was in tax forfeiture until 5/9/24. Is contract legal?

She (Tassie Grantham) sold the Sasstass & The Pour Horse Mobile Bar Co. LLC after reinstating on 5/9/24. On 5/14/24 there is a certificate of amendment. I paid 12K as my deposit. I am now in the design process stage but the new owner is MIA and the fabrication shop has closed. I believe this is... View More

James L. Arrasmith
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answered on Jul 26, 2024

The contract you entered into on 2/7/24 with the business that was in tax forfeiture at the time may still be legally binding, but it complicates the situation. When a business is in tax forfeiture, it means the company has failed to pay certain taxes, which can impact its legal standing. However,... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: Can property be sued in Texas without suing the owner?

I've been told that my property is being sued for taxes, but that I am not being sued so I don't have a defense (I don't actually owe taxes). It also appears in a related subject that when enforcing a mechanics lien that I can get a judgment against an owner of property or the... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2024

No property cannot be sued. Only people can be sued. A taxing authority can sue everyone with an interest in real property seeking to foreclose on the real property subject to the unpaid taxes but without seeking a monetary judgment against those people. Those defendants may not personally owe... View More

1 Answer | Asked in Education Law, Family Law and Legal Malpractice for Texas on
Q: It is legal to withdraw a child from school to make them an adult, kick them out, let them back in, kick back out at 18?

Hi, my name is Jack, my parents have been abusing the law to control me and make my life miserable. My parents withdrew me from highschool at 17 without my knowledge of what that meant regarding being an adult in Texas. They used this to then kick me out at 17 and turn my phone off making me sleep... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2024

Unless you are disabled, when you turn 18 years of age in Texas you are considered an adult for legal purposes. Your parents no longer have an obligation to provide shelter by virtue of the parent-child relationship and can give you thirty days' written notice to vacate their home, which will... View More

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Gov & Administrative Law for Texas on
Q: I'm searching for Epitacio CapetilloJr and for some reason it only shows me the appeal. Im trying to find the arraignmet

An Epitacio Capetillo Jr comes up but it is from a case in Florida which involves a $50 million dollar methamphetamine drug bust involving multiple states.

1 Answer | Asked in Employment Discrimination for Texas on
Q: I was the plantif along with 2 other we was awarded 1 million 42thousand & i only received 23,000 the other plantif

12,000 and the other plantif 20,000 and we was told the rest went to the class! But if they couldn't find all the class members the remaining go to us the plantif.which we never received any of that settlement

to this date! Was my Attorney suppose to do that! It still to this day... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2024

It is impossible to tell without knowing more information including the size of the class and the amount of your compensable damages

0 Answers | Asked in Child Custody for Texas on
Q: My son’s mother has primary custody. I just have been informed by her friend. That she’s neglecting him

She’s been suicidal. Using drugs while pregnant. Leaves our son in the middle of the night to party all night. Then sleeps during the day.

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