Get free answers to your Civil Litigation legal questions from lawyers in your area.
I am a retired educator and want to transfer my 403b to an IRA, but I am also considering opening up an Airbnb.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024
Yes both a traditional IRA and Roth IRA are exempt from creditors claims. You can see the Texas Property code section 42.0021 which covers both qualified tax deferred plans and subsection (a)(5) specifically names Roth IRA’s as an included plan. There are a variety of savings plans covered in Texas.
The default is interlocutory and now the non-responding party is trying to do a set aside, retrial and submit an answer
I am a retired educator and want to transfer my 403b to an IRA, but I am also considering opening up an Airbnb.
I was a guest at someone’s home for just over 4 mos, was never charged rent, & there was no need for legal action requiring me to leave (I.e. eviction). The owner gave permission to leave some of my personal property until I was ready to pick it up. Now he is refusing to return it, along with... View More 
answered on Nov 11, 2024
If you owe the debt, the best way to address it is to pay the debt.
If you paid the debt, or a portion of the debt, the best way to address it is by filing an answer specifically listing each payment you made by date, amount, and method of payment, and then appearing at trial with proof of... View More
I’ve tried looking into the answer for this question and ended up more confused due to the federal judge ruling that the 156-year-old ban on at-home distilling is unconstitutional. so is home distilling spirits for personal use/consumption legal or what do I need in order for it to be legal.
missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas
answered on Nov 5, 2024
An arbitration proceeding is very much like a trial. If you have no clue on what is needed, it is extremely important that you hire a competent attorney with experience in arbitration proceedings to represent you to present your evidence, witnesses, and arguments in a persuasive manner and in... View More
My neighbor tried to break into my garage, and my husband is monitoring me. The neighbor threatened me, and when I called the cops, a female constable arrived. My neighbor told her that he did not threaten me, that he only told me to go inside my house and pray, and that I was mentally ill—a... View More
He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More
answered on Oct 31, 2024
Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More
I have proof he agreed to pay and agreed to my price, I have proof and witnesses that I went on the date, and I have proof he hasn’t paid me.
answered on Oct 16, 2024
Someone could always sue for virtually anything - whether a case is strong and worth pursuing or not. But this could be a "can of worms" that might create more headaches in time and stress than $300. You could look up your court system's requirements for the small claims system and... View More
Every single paper CPS filled out is either incomplete or incorrect. Especially the affidavit. They didn't notify me of the case until day 3 after talking to my kids. I was in hospital. He lied on reason to remove, phone bill proves it. He lied on my statement with the CPI from the city where... View More
answered on Oct 15, 2024
You need to consult and possibly retain a private attorney if you are having problems communicating with the court-appointed attorney and not getting your questions answered.
I have noted about 20 different violations by DFPS according to the Texas family code but nobody will do anything. I proved multiple times the investigator lied on the affidavits. I even have another CPI confirming he lied on it. Nobody will do anything. It's like they're all working... View More
answered on Oct 18, 2024
Yes procedures matter. But the remedy for every procedural violation is not "you win." If a document is incomplete, the remedy may well be that you can require them to complete the document. If an investigator lies, you can present evidence of that lie, and that will likely undermine... View More
I was getting mental health treatment and we agreed in text the kids would stay with my mom. Didn't hear anything new from CPS until 2 weeks later he showed up with 4 deputies and took them from her. They were living with her for the summer.. they gave them to the dad while also suing him for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024
I'm really sorry you're going through this difficult situation. Your mom has rights under the law, including the right to be informed about CPS actions and to participate in any hearings regarding the custody of your children. It's important to ensure that all communication and... View More
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.
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
answered on Oct 7, 2024
You need to present some persuasive new evidence to the law enforcement agency who investigated his death.
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?
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.
Cellphone was used to post a death threat on facebook and violence of cell mate
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
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
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
