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Texas Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: Should I file a motion to deny the continuance request filed by the Debt collector suing me due to false information?

Court is set for May 10 at the Justice of Peace precinct in my county. The copy of the continuance request I received states it is due to them not receiving an answer to the summons and wanting to prepare paperwork for a default judgement instead. They requested it be set back 60 days but I did... View More

0 Answers | Asked in Civil Litigation and Real Estate Law for Texas on
Q: Trying to buy a house in Texas but I have an approx. $20,000 (out of state) judgment against me...

If file my future house as a homestead, it should be protected and all proceeds safe for 6 months post sale, correct? The judgment was for fake attorneys fees when we sued our ex-landlady for return of our security deposit and she lied to win the case. Or should I maybe only title it in my... View More

0 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: can I sue family and get a restraining order?

2-3 years ago my vehicle was burglarized and items were stolen(firearm was one of them). went to my criminal defense attorney who filed paperwork over a prior incidence and thats how we caught potential leads on who burglarized the car. considering giving it to the police department. want this... View More

2 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Texas on
Q: Reservedrv lot@u s army Corpengineerslake park. my puppy got free from leashaawewalked, rangersgave me ticket&kickedoff

All in one hour of arrival to lakelot reserved paid for a week stay. Is this legal? First encounter ever over a puppy dog. What can I do to counter this ticket dog off leash united states code 327.11(a) . Mott park baedwell lake Texas. What's the law here. Case laws.rangers voided entire trip... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Unfortunately, there are many irresponsible pet owners who refuse to abide by leash laws which require owners to keep their dogs, cats, and other pets caged, penned, or on a leash not longer than six feet in public inclujding in recreation areas that are not specifically designated otherwise (like... View More

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1 Answer | Asked in Business Law, Civil Litigation, Copyright and Intellectual Property for Texas on
Q: How can I protect my domain name and website from creditors?
James L. Arrasmith
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answered on Apr 10, 2024

Attempting to hide or protect assets when facing debts or legal judgments could be considered fraudulent in many cases. The ethical and legal course of action is to pay valid debts that are owed.

If you are facing financial hardship, I would suggest speaking with a certified credit...
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2 Answers | Asked in Arbitration / Mediation Law, Family Law, Legal Malpractice and Civil Litigation for Texas on
Q: I need a lawyer to represent me suing my family attroney for malpractice

My family lawyer abandoned me right before the hearing I filed a complaint with Texas Bar he is under investigation I also sued him in Distract court as pro se need a lawyer to take over the case and represent me. I have a strong case and also have a witness who witnessed my lawyer abandoned me and... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

You need to look for a competent attorney in or near the county where the hearing was held experienced in the area of legal malpractice. I often handle cases of this nature. My rate of $500 per hour is reasonable and customary in the North Texas area, and if the amount of damages caused by your... View More

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1 Answer | Asked in Civil Litigation, Consumer Law, Elder Law and Libel & Slander for Texas on
Q: How do I find lawyers to sue local MLS and big RE agency, who demand fee from me to disparage my premier property?

Recent national class-action success against these providers is probative as admission but of no avail to my class or me individually, with unique and actual damages worth $350,000 plus treble that amount for DTPA violations.

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

You should search in Justia for a lawyer in or near the county where your property is located with experience in real estate litigation and perhaps defamation cases depending upon what you mean by "disparaging" your property.

Unlike other types of cases--especially personal...
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2 Answers | Asked in Civil Litigation, Criminal Law and Civil Rights for Texas on
Q: After occupants of a stopped vehicle are cleared can an officer force you out of your car randomly?

We, my wife, & myself were headed back to Texas A&M Veterinary emergency clinic with our dog who suffered a shotgun blast point blank range to the face and needed extensive reconstructive surgeries because his wounds became seriously infected.

Exiting Hwy 105 onto Texas Ave going... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on the information provided, it seems that the officers initially had a valid reason to conduct a traffic stop due to the anonymous report of speeding and swerving. Once they had checked your identification and vehicle documents and cleared you of any warrants or suspicious activity, they... View More

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0 Answers | Asked in Civil Litigation for Texas on
Q: Don't they have to prove damages?

There was a civil case that never went to a trial for assault. The Plaintiff got a judgment for actual and punitive damages and they didnt have to prove the mental abuse she was claiming. Is this right that they never had to prove this and they were granted $250,000 for each? Is this something... View More

0 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Domestic Violence and Small Claims for Texas on
Q: Should I mediate? What should I be prepared for if I choose to or not to

I was afraid for my safety from a roommate, I called police 3 times in 6 days because I was afraid of the roommate hurting me. I had to live elsewhere for a month and didn't drive to work because he blocked my car in the parking lot and started banging on my windows. I filed for eviction,now... View More

0 Answers | Asked in Business Law and Civil Litigation for Texas on
Q: Hello, i have some concerns about out an HOA that collects monthly fees but there is NO BOARD, no meetings,

what can a homeowner do to find out where the money goes??? The area is falling apart & deed violations everywhere. No office to call. who is in charge

1 Answer | Asked in Tax Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What type of attorney do I need to sue my deceased sons landlord for letting my daughter go in and steal his assets

I'm in texas. My son lived 7 hours away. Landord allowed her to remove assets when I told him his father and I would be in following day. I explained I was next of kin.

James L. Arrasmith
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answered on Mar 26, 2024

In Texas, for a situation involving the mishandling of a deceased person's property, you may want to consult with an attorney experienced in estate law or probate law. These attorneys handle cases related to the distribution of a deceased individual's assets and can help navigate the... View More

Q: What type of attorney do I need to file law suits on those who illegally and knowingly let another assume my nok rights

I want to make the parties involved accountable for the pain and suffering im living day to day after my sons death. I spoke to all parties..i signed release of body for cremation yet they let another person step in and

assume my role. They then told all parties not to speak to me or... View More

James L. Arrasmith
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answered on Mar 24, 2024

In a situation like yours, where you're dealing with issues around next of kin rights and the legal aftermath of a loved one's death, you would benefit from consulting with an attorney who has experience in family law and estate matters. This type of lawyer can help you navigate the... View More

0 Answers | Asked in Employment Law, Personal Injury and Civil Litigation for Texas on
Q: Can I sue my former company or the people involved who caused me immense emotional, mental, and career-ending distress?

FYI: I just recently found out about this; I left last July. I missed the EEOC deadline.

I was wrongly accused by my store director of planning a shooting at the store. Additionally, I recently discovered a group chat aimed at getting me fired, alleging that I was a whistleblower on YouTube... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: can I with hold payment from a company, if they refuse to give me an itemized bill when requested for a service?

I had a water mitigation company come out tear down a very small portion of my ceiling, and had a few fans and 2 dehumidifiers running for four and half days, they are charging me $8K+ for the work, which I believe is outrageous, so I have repeatedly asked for an Itemized invoice, they have claimed... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

Unless your agreement with the water restoration company specifies that payment is conditioned upon receipt of a detailed itemized invoice, an itemized invoice is not a condition precedent to your obligation to pay for the service rendered.

In most situations like yours involving small...
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2 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Texas on
Q: I just got served in a civil action lawsuit against a company I'm an independent contractor for, and have no ownership

The Civil Action Lawsuite is against Fresh Central Trading LLC., it names its President and Owner A.G., and also then names me. When I read the documents it states that I'm an owner and officer of the company and I'm just an independent contractor from Canada who is here on a TN Visa... View More

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

If you are named as a party in the lawsuit, you have less than three weeks from when you were served to hire an attorney to file an answer on your behalf to the lawsuit. (In Texas state court, your answer must be filed no later than the first Monday following the expiration of twenty days from the... View More

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1 Answer | Asked in Civil Litigation for Texas on
Q: What information can I subpoena in a case?

I am a professor at a large public university; I recently discovered my materials were posted on to a course sharing website without my permission. If this website is DMCA-compliant, can I still sue the person who uploaded the materials even if the set has been taken down? Additionally, if I take... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

You can subpoena information that is relevant or reasonably calculated to lead to the discovery of admissible evidence. The person or organization receiving the subpoena can move to quash it if the discovery sought is not reasonably proportionate to the needs of the case, is privileged, is... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: Hello. My neighbor changed the landscape on his side of the fence causing my property to erode.

He dug out his side of the fence without any supporting wall to keep my property from eroding. He is also channeling his roof water onto my property, causing it to flood.

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

A Texas attorney could advise best, but your question remains open for two weeks. You could try reposting and adding the additional categories of Real Estate and Construction Law. Although questions do go unanswered here sometimes, there might be better chances of a response with the additional... View More

2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

In Texas, a minor can own property. A "transfer on death" deed (TODD) vests title in real property in the grantee upon the death of the grantor. The grantee's age is not a factor. So, for example, if your father owns a house, he could execute a TODD to your son that would transfer... View More

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1 Answer | Asked in Civil Litigation for Texas on
Q: Is a former employer required to represent you in a civil suit that you and them are named in?

Employee at the time of alleged incident. Another former employee is attempting to sue as they lost their unemployment case with Texas force commission. I was that employee direct supervisor at the time of their termination.

John Michael Frick
John Michael Frick
answered on Feb 29, 2024

It depends on the nature of the lawsuit and the substance of the employment agreement between the parties. In many instances, the former employer's insurance comes into play and the former employee falls within the definition of the "insured" or an "additional insured" in... View More

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