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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Texas on
Q: Is there a direct phone number for the Texas Court of Appeals? I can’t locate itTrying to find testimony from old case

This was a murder trial in which xx was convicted for the murder of xx

George was my BIL. My sister was too emotional to attend the trial, but is wanting to read testimony, if it can be found

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

The first thing you need to know is whether or not there was an appeal, and if so, which court handled the appeal. If you are researching an old case, try to find a "notice of appeal" document in the trial court file at the District Clerk's office in the county where the trial was... Read more »

1 Answer | Asked in Wrongful Death, Criminal Law and Civil Litigation for Texas on
Q: HiI’m trying to find the complete testimony from the Zani trial, 1981, Texas. It’s very personal

He was convicted of murdering my BIL, xx, in 1967. It’s a landmark case for allowing hypnosis to be allowed as evidence. How do I get a copy of the testimony, or can it be accessed ??

Thanks,

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

If the case was appealed then some or all of the transcript may have been filed with the court of appeals.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it unlawful to omit a warrant from discovery that was used to track individual with gps and pull them over ?

In a case where they used gps on a vehicle to track person wouldn’t prosecution have to make it available for the defense in discovery ? her suppression was denied but the warrant could have shown premeditation for the traffic stop ! Cop said I was going to pull you over anyway but lied on the stand

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

No, not unless it was specifically requested and improperly withheld. The prosecution only has a duty to proactively provide the defense attorney copies of any exculpatory, mitigating, or impeachment evidence. Copies of other evidence are only provided if the defense attorney first makes a timely... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: I was awarded a judgement in small claims court, but I have no idea where to start on the collections process.

Both parties live in Texas, I know where she works, and lives, but I have it on good authority she will be moving sometime this year (2022). She doesn't have many (probably any) assets, rents the house she and her family live in (she's engaged, but not legally married, they have 1 kid... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 13, 2022

Most of the small claims courts and local courts have pamphlets which generally discuss ways to collect a judgment and what to file. That said, depending the amount of the judgment, you might best be served to contact a collection attorney and at a minimum seek a consultation on how to proceed and... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Collections and Energy, Oil and Gas for Texas on
Q: How do I get out of a bad solar contract?

We got ripped off by a solar company in 2020, when we were busy working 16+ hour days while taking care of kids at home. The salesperson said that the panels would cover 100% of our electric needs but it only covers 75% at best and the payments are as much as the electric costs without solar. The... Read more »

Aimee Hess
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Aimee Hess
answered on Dec 21, 2021

unfortunately, you can't simply "remove" a UCC financing statement. It has to be done either by court order after a lawsuit or by agreement of the parties. What your rights are regarding these representations depends in large part on what your contract with the solar panel company... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: Mentor and breached contracts.

I had a mentor that would have me sign contract with “businesses” that were really not real. Not only were they not real but I was paying him upwards of 4000 a month to him. $300 was legitimate as he would meet with me as a mentor. I however have a contract through him with his parents who i... Read more »

Teri A. Walter
Teri A. Walter
answered on Dec 16, 2021

It sounds like you have multiple contracts with this person, and he has multiple assumed names (the business names on the contracts.) If you are not receiving the services you contracted for, you may be due a refund.

As to the car, it's impossible to tell from your description...
Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Texas on
Q: Objecting to entry of orders? Orders to be signed by judge are slightly different than the ones opposing Council sent me

The opposing party was ordered to draft the temporary custody orders after our hearing. They sent me a copy to sign and said I had 10 days to respond with changes or they would send to court for entry "as is." I responded and told them I intended to respond with my changes/objections... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 12, 2021

You should go ahead and file with the Court your objections to entry of the court orders that Opposing Counsel submitted ASAP, even if it's outside the 10-day window. You should write out each objection that you have to the Judge signing the Order as presented. You should file that with the... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and White Collar Crime for Texas on
Q: Do deffense attorneys protect the victims of a crime or only the accused?

If you or someone you know becomes a victim of a White Collar crime, should you contact an attorney before reporting it? What type of attorney represents the victim harmed by the crime?

Joseph Abrams
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Joseph Abrams
answered on Nov 25, 2021

Defense attorneys often represent victims of crimes to ensure their rights are protected and they are being treated fairly within the system. The prosecutor is also a representative of sorts for victims as they are the Peoples attorney as well. However, a defense attorney for a defendant in a... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Texas on
Q: In a parking lot fender bender,do I sue 18 year old driver or his parents,owners of car?
Ard Ardalan
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Ard Ardalan
answered on Nov 16, 2021

You may need to open an insurance claim first. Open a claim with the parents' insurance company. For a lawsuit, you will need to get a lawyer involved to get the most out of the case. At 18, the driver is no longer a minor and may be sued personally. If his parents negligently entrusted the... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Can I file a lawsuit against the police department for a false arrest?

Was exercising my freedom of speech on a public sidewalk. Someone called the cops said I trespassed which I didn't. I had everything filmed on a body cam. Officer shows up and arrests me for a noise ordinance violation. We then get to the jail and he changes the charges to criminal trespass.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Oct 19, 2021

Talk to an attorney who focuses on federal civil rights lawsuits under Section 1983.

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1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Texas on
Q: Can I be trespassing

I live in Texas and me and my wife are separated but not divorced she still had all my property at her house I had a detective called me and told me that if I show up there I will be arrested for criminal trespassing can I legally do this even though she’s in possession of all my clothes and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Oct 10, 2021

You can be arrested and charged with any offense that the detective believes you committed. If that happens, a proper defense will be stressful and expensive. You would be wise to spend your time and money on a divorce attorney to get access to your stuff in a manner approved by the court rather... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Sexual Harassment for Texas on
Q: Can s1 like code compliance just go into yr property with only a search warrant and remove yr personal property ???
Peter N. Munsing
Peter N. Munsing
answered on Sep 29, 2021

Personal property may not be removed without a search warrant. Personal property such as cars that have not been moved may violate local ordinances. They can be removed once the owner has received notice to remove, and there has either been a hearing or the person has not responded. If it was... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Libel & Slander for Texas on
Q: Slander and Defamation

I'm having an issue of where a place that I used to live at, and apartment complex including the management have been spreading lies about me being bipolar, crazy and dangerous. I am bipolar and the lies have spread out the my current place that I have recently moved to and to my neighbors... Read more »

Teri A. Walter
Teri A. Walter
answered on Aug 24, 2021

It's unclear why you are worried about eviction, or exactly what's happening. You get evicted for not complying with the lease, not because people are spreading lies about you.

If the lies are believed and you can prove damages, you might have a case, but filing a suit is not...
Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Texas on
Q: Collateral on a loan was never returned when the loan was never provided. Indirect threats were made following this

Is this a criminal and/or civil matter? The collateral in question was the key to my storage unit which contained $30k-$40k worth of personal property. When no loan was ever produced I asked for key to be returned the day that the offer of a loan was proposed. They refused. I found out 2 weeks... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 17, 2021

Dear Denton:

Sounds terrible.

I will assume all you tell me in the question is true. If the person who is now in possession of your property, got it through false information or "trickery" that would be a crime in Texas. I hope you have proof of your inventory. If not it...
Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Texas on
Q: My roommate is threatening to sue me for rental assistance that she secretly applied for and paid someone else to do

She applied the apartment we share for the apartment Texas rental relief which is for households only and is demanding that I pay her back the funds that were automatically applied for 2 months of rent with a government check for over $4,000 that she paid someone to put through the application to... Read more »

Teri A. Walter
Teri A. Walter
answered on Aug 16, 2021

I don't understand your question. Your roommate paid someone else to apply for rental assistance, apparently received it, and is threatening to sue you for it? If your agreement with your roommate is to pay 1/2 of the rent, do that.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Midland county. Arrest 06-19. Misdmeanor. Dismissed and Bond returned 09-20. ARRESTED on same case 08-21. false arrest?

Cause number cr172821. I told them to recheck warrant and I had paperwork from dismissal. Told them the jail refunded my bond in full so I know it was dismissed before arraaigned. Rude and hateful refused to acknowledge I was even present other than to laugh and tighten cuffs and take me to jail.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 11, 2021

Consult an attorney who files lawsuits in federal court against law enforcement for civil rights violations under "Section 1983." It is doubtful you will find such an attorney in Midland... you're probably talking about an attorney from a city with millions of residents. The good... Read more »

1 Answer | Asked in Civil Litigation, Identity Theft, Small Claims and Collections for Texas on
Q: Small court debt claim. There’s a lawyer on record for plaintiff but another attorney contacted me. What to do?

The plaintiff (a collection agency) has a retained attorney on record the one who filed the lawsuit, but another attorney claiming to be from the same law firm sent me an email trying to settle outside court. Should I correspond with him considering he’s not the attorney on file? Can he do that?... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 4, 2021

A Texas attorney could advise best, as collection practices can involve state law. However you await a response for two weeks. As a starting point, you could reach out to the first attorney to ascertain what is going on in terms of being contacted by more than one attorney. You ask how to proceed... Read more »

4 Answers | Asked in Civil Litigation, Consumer Law, Criminal Law and Intellectual Property for Texas on
Q: Can I use the term "law" in my email address title without being a lawyer? Example: Jason.Smith.Law@yahoo.com.

I am a law student and have an email address with the term "law" in it. I am not a lawyer, however, and have never stated that I am. Is it legal for me to continue to use this email address without being a lawyer? Don't I have speech protections so long as I am not actively trying to... Read more »

Omar Darwich
Omar Darwich
answered on Jul 15, 2021

best and easiest way to get a proper answer is to just contact your local state bar's ethics hotline

good luck

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1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Texas on
Q: Does the law protect renters on verbal contract?

I rent a room under a verbal contract. I've been told to vacate. This is sudden and leaves me in a terrible position. I'll be on the street because of this. Is there any law to protect me from this?

Teri A. Walter
Teri A. Walter
answered on Jun 21, 2021

If you rent the room on a month to month basis, they have to give you 30 days notice of non-renewal. If the oral agreement is week to week, they would only need to give you a week's notice of non-renewal. If you've breached the agreement in some way, the notice period can be 3 days.

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Can the city change a private road to a public street against homeowners' desires?

We do not want our private road made a public street. Can the city override our desires when we homeowners on the road have titles/deeds saying we each own 1/4 interest in the road and easement and no changes, alterations or modifications can be done to the road or easement without our written... Read more »

Leroy Scott
Leroy Scott
answered on Jun 16, 2021

Yes, the city can do that, but it has to provide just compensation to the private owners. Look up "eminent domain".

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