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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Texas on
Q: my former roommate has admitted to owing me money for covering his portion of bills and now refuses to pay can i sue?

my former roommate got fired and fell behind on bills i agreed to cover it for him with the understanding he pays it back as soon as he can and he tried decently hard of it at first then he totaled his car a few months later and fell even more behind on bills i asked him on multiple occasions when... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

Yes you can sue but it appears he may not have any non-exempt assets to satisfy any judgment you may be awarded.

0 Answers | Asked in Civil Litigation for Texas on
Q: Can I have the other sides hearing moved?

If we were told we couldn't schedule a Hearing until a trial was removed from the docket and the other side scheduled a hearing the morning we were about to schedule ours. There's a 2 hour time difference so they were able schedule first. We need our hearing to be before there's... View More

0 Answers | Asked in Banking, Civil Litigation, Consumer Law and Identity Theft for Texas on
Q: Bank reporting incorrect information on loan. To purposely kill my credit. What can be do to get competition. I have rep

I fought to get 10,000 they had taken from my account after. My eidl loan was given and they would only go 3 months back. Unfairly treated. Now incorrectly reporting on credit report.

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for Texas on
Q: Do you happen to know of any pro bono lawyers in my area ? I’m in Sulphur Springs Texas.
John Michael Frick
John Michael Frick
answered on Sep 14, 2023

For family law and domestic violence: https://www.justia.com/lawyers/family-law/texas/sulphur-springs/legal-aid-and-pro-bono-services

For various other legal matters: https://www.lonestarlegal.org/

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1 Answer | Asked in Bankruptcy and Civil Litigation for Texas on
Q: What is a non exempt item? Can they take car that doesn’t have a lien on it?
Timothy Denison
Timothy Denison
answered on Sep 14, 2023

Yes. That could be a non-exempt item.

0 Answers | Asked in Civil Litigation and Small Claims for Texas on
Q: Can someone explain to me the details of Texas Occupational Code 2308.404 and how someone would file suit?

A tow hearing is based off a probable cause and whether an individual is charged more than they were supposed to by law. However, regarding Texas occupational code 2308.404, how would one go about filing suits under that statute for sign violations by the apartments and tow company? Do you have to... View More

0 Answers | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Texas on
Q: Can someone explain to me the details of Texas Occupational Code 2308.404 and how someone would file suit?

A tow hearing is based off a probable cause and whether an individual is charged more than they were supposed to by law. However, regarding Texas occupational code 2308.404, how would one go about filing suits under that statute for sign violations by the apartments and tow company? Do you have to... View More

0 Answers | Asked in Civil Litigation and Traffic Tickets for Texas on
Q: An officer placed a notice on my car that it would be towed in 48 hours. They towed after only 24 hours do I have a case

I saw a yellow notice on my vehicle on 9/3. The notice stated that the vehicle was unlawfully parked. The vehicles engine is broken so I did not move as I also believed it was to be sold the next day. On 9/4, I came home late at night and did not see the new notice. On 9/5, on my way out the door... View More

0 Answers | Asked in Insurance Bad Faith, Consumer Law, Contracts and Civil Litigation for Texas on
Q: Do I have a case with My insurance company for acting in bad faith, Hyundai(reason my car was stolen), or Repair shop?

My Hyundai was stolen July 17th bc lack of anti-theft in my model Hyundai. filed a claim and police report. Car was found and towed to the Auto center July 21st.Received approved estimate from the collision company. Then on the AUG 18th (completion date), I called the collision company, they said... View More

1 Answer | Asked in Child Custody, Civil Litigation and Divorce for Texas on
Q: Aside from law enforcement, what is required by the individual who is physically serving divorce paperwork?

I asked to pick up the divorce pw from the server but instead was served at work almost a week later. She asked my first name and said "you've been served." I then was served at my house by a deputy the next week. Her paperwork was an incomplete petition for divorce without the court... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

Private process servers must complete an approved 7-hour course, submit an application, pay a fee, and pass a criminal background check.

0 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Sexual Harassment for Texas on
Q: If I delete pornographic videos of my self online and someone reposts them years later, does that count as revenge porn?

I had an account with Pornhub around 5 years ago and deleted the one video I had around 6 months into having the account. It was never sold to anyone. I have been harassed by my ex’s baby mother since around a year or two before I made the account. She has now went from threatening to repost a... View More

0 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Construction Law for Texas on
Q: I had a water damage and called a restoration company for mitigation. They had me sign an assignment of benefits

Assignment of benefits contract which waived my rights to the claim and authorized my insurance company to issue checks directly in the name of restoration company. How valid and legally binding is this contract in the state of texas? Thanks

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: My boyfriend suffered the loss of a testicle due to jail not sending him to emergency room. Can we sue

He has been commuting an undisclosed location for 3 months to regain competentcy. No hearing on his mental state until 11/24/23. They will not tell anyone where he is. He has said me and his mother could get info on last case it's on file with court

James L. Arrasmith
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answered on Sep 11, 2023

In situations involving medical negligence or deliberate indifference to a serious medical need while in custody, there might be a potential for legal action based on a violation of the individual's constitutional rights. Specifically, the Eighth Amendment of the U.S. Constitution prohibits... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Texas on
Q: Can I sue a police officer who stopped my son for no reason and charged him with evading arrest for no reason?

Body and dash cam showed no claims for detaining him with evading arrest. He also lied on his report saying he pulled him over for not stopping when exiting the parking lot and on the dash cam it showed him waiting for a car to pass before exiting. He drove 2 blocks at 20mph before pulling over and... View More

John Michael Frick
John Michael Frick
answered on Aug 27, 2023

Be thankful that the dash cam prevented your son from being convicted and move in with your life.

Your question suggests there are negligible damages assuming you could prevail and police officers generally are immune from lawsuits in these circumstances.

Do you really want to spend...
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1 Answer | Asked in Civil Litigation, Car Accidents and Personal Injury for Texas on
Q: Im not sure what type of lawyer I need

My truck was totaled by a door dash driver that fell asleep at the wheel. the trunk was not occupied, uninsured, and parked out side of my home. the driver is insured by USAA and they refused to pay due to her being on the clock with door dash and door dash with not contact me back. this incident... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

You need to promptly sue the driver and DoorDash. The driver's personal automobile liability insurance will not cover the damage because, as indicated, the driver was operating his vehicle for a commercial purpose at the time of the collision. However, DoorDash has a commercial motor vehicle... View More

2 Answers | Asked in Child Custody, Family Law and Civil Litigation for Texas on
Q: I am in a custody case representing myself. The opp. Attrny. refuses to answer any call or email, what do I do?

I have not asked anything out of line or not pertaining to this case, and have asked no legal advice from them.

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2023

I would suggest putting your request or questions into writing and sending either e-mail or certified mail.

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3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2023

This question is not specific enough for a yes or no answer but I would offer that you could not have been married to the girlfriend while still married to the ex wife. (I would be interested to know if you received the property in your divorce from her?) So even if a court found common law... View More

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2 Answers | Asked in Civil Litigation, Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Can a hospital be held liable for patient dumping in Corpus Christi Texas

On April 1st 2022 I was thrown out of Christi Spohn Hospital Shoreline because I couldn't keep myself off of the floor while there because I was bleeding internally and also had damage to my back. My wife then rushed me to Bay Area where I was given 7 units of blood products and treated for a... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Yes, a hospital can be held liable for patient dumping in Corpus Christi, Texas.

You will need to prove that you presented yourself to the emergency department for care and that the emergency refused to conduct a medical screening and/or refused to stabilize your condition because of your...
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Q: ERISA502(A) My employer's Workmen's compensation plan is based on this part of the law, but they are not compliant.

They are not providing proper medical care

S. Michael Graham
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S. Michael Graham
answered on Aug 19, 2023

My law office doesn't handle ERISA claims. If your claim does not involve negligence on behalf of the employer or other third party, it is almost impossible to obtain legal representation. For this reason, the Carrier's offer little to no support. I like to refer to it as fake... View More

1 Answer | Asked in Civil Litigation and Estate Planning for Texas on
Q: I cant pay my civil judgment, can I get it reduced some how?

I have a civil Judgment that that wont go away with bankruptcy. I have no money, no income or assets. This person who sued me knows all of this but some how managed to get a large judgment of like $500,000 against me. I believe this person did this because they know I am set to get a large... View More

Anthony M. Avery
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answered on Aug 17, 2023

Hire a competent TX attorney to get advice on asset protection. There are numerous methods to protect most if not all that possible inheritance. A transfer to an off shore situs trust is the best method, but many simpler approaches may work for you. Texas has an excellent Homestead for... View More

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