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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Energy, Oil and Gas for Texas on
Q: I purchased solar panels through Pink Energy aka Power Home solar in October 2021. I financed the panels and Generac

battery through Good leap for 44K. I have since filed a complaint with the BBB and called to resolve this issue on non working Solar panels with Good leap. My account has been placed in forebearance. I need help with this issue.

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

Good Leap is a finance company. Typically, finance companies do not handle repairs to products like solar panels or automobiles. Think of your solar panels like they are your car. If your car isn't working, you go to the dealership that sold you the car for warranty repairs, not to the bank... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Wrongful Death for Texas on
Q: How can I get my son’s suicide case reopened? He was shot 5 times two times!
John Michael Frick
John Michael Frick
answered on Oct 7, 2024

You need to present some persuasive new evidence to the law enforcement agency who investigated his death.

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1 Answer | Asked in Civil Litigation for Texas on
Q: If someone (Park) in a Texas prison gives his best friend (Joe) permission to put Parks truck in joes name in order For

Joe to keep it legal to drive if needed, while Park is incarcerated, only to have Joe claiming he donated Parks truck to a fire dept. Can Joe legally get away with it?

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

Yes, if Parks gives Joe a truck by transferring the title into Joe's name, Joe is free to do whatever he wants with the truck once it has become Joe's truck.

1 Answer | Asked in Wrongful Death and Civil Litigation for Texas on
Q: Can I sue Tdcj for wrongful death if they released a prisoner after failing to convict him on contraband , a cellphone

Cellphone was used to post a death threat on facebook and violence of cell mate

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

No.

0 Answers | Asked in Family Law and Civil Litigation for Texas on
Q: My mom kicked me out at 14 and I'm 30 now, I've been homeless every since. Watching her have enjoy life very comfortable

I deal with so much trauma now as an adult and it's not fair she gets to enjoy life while she still receives back child support from my dad, and lots of other things I think isn't right

1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments can they over charge me?

my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments

the initial amount owed did not exceed the 1000 USD but the collection agency plans on charge me over 6K

even after I went and explain the situation to the board regarding the... View More

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

The short answer is yes. An HOA is usually entitled to recover "reasonable and necessary" attorney fees to collect unpaid dues payments. The amount of attorney fees that is "reasonable and necessary" depends upon the amount of time involved. This amount often exceeds the... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Neighbor broke my car window with a can thrown from within his apartment. What is my recourse?

My neighbor in the rental complex (Austin Texas) was in his apartment and began to throw things out the window. One of the cans hit and broke my windshield. There are witnesses and I am filing a police report, although it is 12 hours later. Will his apartment rental insurance or his auto... View More

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

He is probably liable for his own negligence. His automobile policy likely doesn't it. His renter's insurance may or may not cover it depending on the language of the policy and the particular facts. Your own automobile policy almost certainly covers it under either comprehensive or... View More

0 Answers | Asked in Civil Litigation and Consumer Law for Texas on
Q: Texas Lemon Law. What is included in repurchase price calculation other than what is listed on TxDMV website summary?

Purchased a Mazda CX5 in Jan 2023. Within 3 days started having malfunctions with sensors and cameras. Long story short, after 7 trips to the service department I filed the claim through the BBB Autoline after having sent a final repair letter to Mazda in April 2024. Fast forward to August and... View More

0 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Wrongful Death for Texas on
Q: What is the legal risk when defending property from robbery with deadly force in Texas.

Bicycle locked to pole in parking lot outside store in Texas where I live. Bicycle owner comes out of store, sees somone cutting the lock. Owner approaches lock breaker who finishes cuttng lock, starts riding away, ignoring loud calls by bike owner to stop and return the the bike. Owner draws a... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can a city cop use use bolt to stab into my door seal and rip my door open my door without a Warren outside city limits
James L. Arrasmith
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answered on Sep 16, 2024

If a city police officer attempts to use a tool like a bolt to stab into your door seal and force it open without a warrant, especially outside city limits, this could be a violation of your rights. Generally, law enforcement officers need a warrant to enter your home or vehicle, unless there are... View More

1 Answer | Asked in Banking and Civil Litigation for Texas on
Q: My children are judgement creditors in an Arizona case. We live in Texas. How do I open a special account for them?

I am pretty sure the account needs to be closed and that I will need judge approval to have access to the money.

James L. Arrasmith
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answered on Oct 2, 2024

To open a special account for your children as judgment creditors, you should first consult with a lawyer who is familiar with both Arizona and Texas laws. They can guide you through the specific legal requirements and ensure that all steps are handled correctly.

You will likely need to...
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2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Texas on
Q: How do I have my name removed from an apartment lease, if the lease is up?

I have a lease that was signed in April of 2022. In June of 2022, I left the home in Texas and moved back to Colorado. My ex stayed. Last year, the lease was sent to both myself and my ex-I requested at that time my name was removed from the lease. Someone signed my name digitally. Fast forward to... View More

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

My recommendation is to terminate the lease in accordance with the terms of the lease. Usually, this requires written notice to the landlord in advance of the end of the lease term (usually 30, but sometimes 60 days before the end of the lease term. I would include in your written notice a... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What are my chances of winning in JP Court after breaking a lease due to uninhabitable conditions where I had to a Doc.

The house was infested with fleas I was bitten over 80% of my body I went to the doctor I took pictures also sent them to the landlord without any response. He sent me a letter afterwards and also text me saying that don't mistake his kindness for weakness. Here in Texas the amount starts at... View More

John Cucci Jr.
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answered on Sep 5, 2024

It was hard to determine exactly what you were asking about. Winning an Eviction trial, or winning a damages case for negligence or breach of contract by the Landlord when he refused to remedy the bug problem in your apartment.

If it is about an Eviction trial coming up, your lease will...
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1 Answer | Asked in Civil Litigation and Family Law for Texas on
Q: me and my family members inherited a house from my father. they are not cooperatong with me in getting their information

for affadavit of ownership so we can sale and i can move foward. what steps should i take to legally force sale or demand payment for my part of the inheritance

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

You can file a lawsuit for partition by sale if you inherited an interest in the house from your father. Take your probate paperwork showing who inherited the house to an attorney in or near the county where the house is located.

2 Answers | Asked in Civil Litigation for Texas on
Q: Do I have a case in small claims court?

I was involved in an accident about 2 weeks ago. I only had liability coverage on my car and no coverages for uninsured motorists. Luckily I was not injured. My car was pushed into a fire hydrant in the wreck and it is gone. It has a lot of damage to it and it wouldn't start, so it had to be... View More

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

Yes. If the cost of repair exceeds the value of the car at the time of the collision, you can sue for the fair market value of the totaled car.

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1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: I need interpretation of Estate Code 351.054. As an Executor to the Estate can I file a law suit for damages without Att
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

An executor of an estate can file a lawsuit pursuant to section 351.054 of the Texas Estates Code without an attorney. An executor owes fiduciary duties to the beneficiaries of the estate. So it is very important that the executor handle any such lawsuit with the same degree of skill as an... View More

2 Answers | Asked in Civil Litigation and Civil Rights for Texas on
Q: I purchased a 2007 truck from a relative in 2021 for 9000 dollars. It is now 2024 and he claims that I owe him $2000.

He said the truck was worth 11000, but at the time of purchase he agreed to the sale price of $9000. He cashed the check for this amount.

John Michael Frick
John Michael Frick
answered on Aug 19, 2024

Texas has a four-year statute of limitations on a suit for collection of a debt, so it is likely too late for him to even pursue such a claim at this time.

I note that the purchase of a motor vehicle is a relatively simply transaction that most people can handle without an attorney. You...
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1 Answer | Asked in Civil Litigation for Texas on
Q: Do i have a case if i was traveling by bus and use the womens RR and find the toilets with stool in them

I found tissue and plumbing stopped up but housekeeping never cleaned up and i had to use the restroom in that condition which is hazardous to my health for i have a pre existing medical condition

John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Probably not. You would need expert medical testimony proving that the condition of the toilet proximately caused some sort of compensable damages, for example by requiring new additional medical treatment because it aggravated your pre-existing medical condition.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Tax Law for Texas on
Q: What are the legal options I can take against a previous auto dealership that provided in-house financing?

In Sept 2019, I hit a deer. By Nov 2019, an auto claims adjuster came to the house, assessed the damage, and considered it to be a total loss. After the company received the amount to pay off the majority of the loan, which was to be $4995, the dealer's gap insurance that is required at the... View More

James L. Arrasmith
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answered on Aug 15, 2024

You have several legal options to consider in this situation. First, you may want to dispute the 1099-C with the IRS, as it seems the debt was already paid off, and the filing may have been incorrect. If the dealership's gap insurance was supposed to cover the remaining balance, and they did... View More

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