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I need help understanding how charges of terroristic threats against my husband can be dropped. He has severe medical issues affecting his mental state. He was admitted to UTMB with septic emboli and other complications. He left the hospital while paranoid and irrational, and after being found in a... View More 
I received three debt judgments, and a receiver was appointed, seizing funds from two of my bank accounts—one with Social Security funds and the other with my paycheck. After presenting my documentation in a hearing, the judge ordered the return of $14,122 in Social Security protected funds... View More
I recently remarried, and I want to update the deed to my property to reflect my new last name and add my new husband's name. My previous husband is no longer present, and there are legal challenges in obtaining a death certificate. How can I proceed with changing the name on the deed under... View More
I hired a mechanic I found on the Nextdoor app to change the coolant in my Jeep. After his work, the engine was damaged, resulting in a banging noise and the vehicle not staying on. The repair costs are estimated at $5,000. The mechanic has since blocked me and I'm considering suing for... View More
answered on Mar 10, 2025
You can legally sue for any damages to your Jeep that was caused by the mechanic. Because the cost of repair is $5,000, you can bring a small claims suit in the Justice of the Peace Court for the county and precinct where the mechanic resides or where the damage was done without needing an... View More
I am applying for permanent residency for my mother using the I-130 form. There is a question in Part 5, Section 7, that asks for the 'relationship.' Should I select 'parent' or 'child' as the answer to that question? I am unsure how to proceed.
I have some garden tools that belong to my ex, which he left at my house last summer. He initially requested them in October but then canceled. He asked for them again at the end of February, knowing I would be out of town, and still hasn't taken them. We've communicated only through a... View More
answered on Mar 10, 2025
Police will usually not get involved, saying this is a civil matter.
If you were also your ex-'s landlord, you might receive the advantage of the language in any written lease agreement between you. Normally, under the Texas Property Code, a tenant's personal property is... View More
About a month ago, Spectrum installed a cable for my neighbor that lies above ground across the sidewalk, causing my children and me to trip over it. This has led to a sprained wrist and scrapes. I've contacted Spectrum, and although representatives have visited, they've left without... View More
answered on Mar 10, 2025
You can file a personal injury lawsuit seeking recovery of your medical expenses and, if applicable, any lost wages you suffered as a result of your injuries. Keep copies of all of your medical records and bills associated with the sprained wrist and scrapes so you can prove the amount of... View More
How can I obtain a paternity test when my ex-girlfriend, who is pregnant, refuses to cooperate? I've tried discussing it, but both she and her current boyfriend are combative. There are no court orders in place yet, and I haven't consulted a family law attorney.
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answered on Mar 10, 2025
In Texas, you can file a Petition to Adjudicate Parentage before the child is born, but the court will not order a paternity test until after birth. Texas law does not allow courts to compel prenatal genetic testing.
Filing the petition early can help establish your legal interest in the... View More
I moved out of my rental property on January 31, 2025. My landlord promised to return my $200 security deposit within 30 days. I didn't receive it, so I texted my landlord on March 5, 2025. He said he'd just sent it, and I received it on March 9, 2025, with $200 withheld and no itemized... View More
answered on Mar 10, 2025
No. You are entitled to an explanation of the deductions. If your landlord is not forthcoming with an explanation at your request, you can file a lawsuit in the justice of the peace court located in the county and precinct where the leased premises are located. You may be entitled to receive the... View More
I am considering using the trademark "rios" for a new clothing business in Texas. Is this trademark already in use in the clothing industry, and what steps should I take to ensure it is available?
My son signed a rent-to-own lease for a trailer home that's in poor condition. The stairs are falling apart, the tub doesn't drain properly, and the gas stove can't be used because the trailer only has electricity. The lease is for 70 months. I'm visiting this Friday to review... View More
answered on Mar 10, 2025
First and foremost, review the rent-to-own lease itself. It should indicate who is responsible for maintenance and repairs and whether the tenant must first obtain written approval from the landlord. It should also indicate any cancellation procedure including any required notices.
I was married to my ex-husband for more than 10 years, and I am currently 72 years old. I have not remarried and am receiving my own social security benefits of $900 monthly. Am I entitled to claim social security benefits based on my ex-husband's record, even though I filed for benefits... View More
I was arrested after an officer checked my ID and confirmed there were no warrants. I was told I had to stay for a state trooper to conduct an accident report, which never happened. I was later taken to jail for a warrant that the officers didn’t understand or have details about. They... View More
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answered on Mar 9, 2025
I do believe that your arrest was unlawful, if there are no other facts applicable to the interaction and arrest.
In Texas, an arrest of an individual, without a warrant, is presumed to be unlawful. This presumption, is triggered in a criminal court case, when the accused files a Motion... View More
I would like assistance pursuing a legal malpractice claim against my former attorney, Trey Lavespere, and his assistant, Brandye Toombs. They handled a Suit Affecting the Parent-Child Relationship (SAPCR) regarding my grandson, Kentrell Rogelio Martinez, which resulted in my dismissal due to lack... View More
answered on Mar 10, 2025
You need to locate an attorney who practices in the area of legal malpractice in or near the county where the lawsuit was pending. Ideally, such an attorney should also have experience in family law given the nature of the underlying litigation.
You need to gather together a complete... View More
What are my options if my former attorney, Trey Lavespere, and his assistant, Brandye Toombs, failed to provide adequate representation in a Suit Affecting the Parent-Child Relationship (SAPCR) involving my child, Kentrell? The Motion for Withdrawal of Counsel included misleading statements, filed... View More
answered on Mar 10, 2025
When an attorney withdraws, "ineffective communication" is often used as the reason instead of the "real reason" particularly when the "real reason" may be prejudicial to the client. Generally, attorneys should avoid prejudicing their client when they withdraw from a... View More
I wish to appeal the court's decision to dismiss me for lack of standing under the Texas Family Code, as granted in Ursula Gonzales' Motion to Dismiss. The court's decision was based on the evidence and testimony presented during the hearing, documented in the "Associate... View More
answered on Mar 10, 2025
A dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction. As the petitioner, you had had the burden of proof with respect to each fact necessary to establish your standing. Among other things, you needed to establish your biological relationship to the child, who... View More
I ordered a gallon of tea to go from a restaurant in Texas, which I shared with my 3-year-old child. Upon noticing an unusual taste and smell, similar to weed, I contacted the police, and the tea tested positive for weed. My child and I felt extra sleepy and lethargic after consuming it. I have... View More
answered on Mar 10, 2025
Reporting the incident to police is probably all you need to do under the circumstances. It does not appear that either you or your child suffered any bodily injury from consuming the tea.
The court granted Ursula Gonzales' Motion to Dismiss Larissa Martinez for lack of standing under the Texas Family Code, based on testimony and evidence provided. Despite Larissa Martinez being the primary caregiver for her grandson, Kentrell Rogelio Martinez, the court found she lacked legal... View More
answered on Mar 10, 2025
The key in this factual scenario is: 1) Is Ursula a parent of the child, and 2) what evidence renders Ursula "unfit" to parent Kentrell.
With respect to an Associate Judge's report, Larissa can file a notice of appeals from the Associate Judge's report seeking a de... View More
I own a 2006 Chevy Cobalt and have experienced a gas leak that General Motors issued a recall for. Despite the recall, dealerships were instructed not to repair it unless customers reported specific identifying markers. I've had extensive communications via phone calls, emails, and letters... View More
How can I find a probate lawyer to assist me with my mother's estate? Her ex-husband destroyed her will and hasn't reported it to probate court. He is collecting and using her assets, including her house, car, bank accounts, and cashing her social security payments after her death. My... View More
answered on Mar 9, 2025
The sooner you get to a probate attorney, the better. Even if you don't have the original of the will, the validity and contents of the lost will can be proved by the testimony of witnesses. So, it's great you have witnesses! We call the process "probate of a will not produced in... View More
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