Mostly evident of neglect in transit. Original agreement states a maximum of 60 cents a pound maximum claim for damages. Estimated damages could be in excess of $10,000. Can the agreement document be over come?
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answered on Jan 4, 2024
In cases where your home furnishings are delivered in a damaged condition, understanding your legal options is important. The original agreement you mentioned, capping damage claims at 60 cents per pound, is a common clause in moving company contracts. However, if the damage is significant and... View More 
Vehicle was found to have salvage title not blue and owned by insurance company not person and person who did it died. I want to legally own vehicle but don't know how to approach insurance company
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answered on Jan 2, 2024
To legally obtain ownership of a vehicle with a salvage title in Texas, especially one owned by an insurance company, start by contacting the insurance company directly. Explain your interest in purchasing the vehicle and inquire about their process for selling salvage vehicles. Insurance companies... View More
She's been harassing and making false accusations for one year
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answered on Jan 1, 2024
In Texas, grandparents can potentially sue for visitation rights, but Texas law sets high standards for granting these rights. The grandparents must demonstrate that their visitation is in the best interest of the child and that denying visitation would significantly impair the child's... View More
Do u provide small claims legal help
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answered on Dec 28, 2023
I hope you got the agreement for your neighbor to pay half in writing. If so, you should send them a letter demanding payment within 30 days. If they don't pay after that, you can sue them in small claims court. There is probably no other way to get paid.
You could try to file a... View More
It was loaned in September. We have asked every month for it to be returned & there’s an excuse for it not being returned. Finally exhausted with it not being returned we have demanded it be returned by today (12-27-23), it was not returned, and the family member is still refusing to return... View More
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answered on Jan 1, 2024
If a family member borrowed your camper and is now refusing to return it, you have a couple of options to consider. First, you could contact the police to report the camper as stolen. However, since this situation involves a loan to a family member, the police may view it as a civil matter rather... View More
He went to jail for family assault with bodily injury to me and violation of probation and left me with nothing in a house that has no bathroom ceiling and no roof in garage that attaches to the bathroom. It's so called in here I have to stay in bed under 3 comforters and haven't eaten a... View More
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answered on Dec 23, 2023
Before I answer your question, I believe you should file for divorce and in doing so, you should ask for immediate temporary support from your husband and for your legal fees.
There is no criminal charge regarding you, but if he has left your child, there may be a criminal charge.... View More
I don't want to use the word "overpayment " because it sounds like I'm arguing a state issue, when I am not. I'm not sure how to get around using state terminology, because every time I start talking about my case, people think it is a state issue because I'm using... View More
answered on Dec 22, 2023
When raising a federal question in federal court, I always cite and often quote the specific federal statute under which I am suing so that my pleading clearly shows that there is a federal statute that creates a federal cause of action under which I am suing.
The word... View More
Defendants served supplemental disclosures stating the type of document, (letter) and Bates-labeled number, but did not identify the date or year, to whom the letter was addressed or the sender, or carrier used for delivery, and they did not provide the document. Under Rule 194.2 would it be... View More
answered on Dec 11, 2023
Documents within a party's possession, custody, or control which have not been produced in discovery or timely supplemented will likely be excluded from being introduced into evidence by that party unless one of the exceptions provided by the Rules applies. The trial court also has... View More
I believe that Washington County, Texas has wrongfully taken possession of my family property. I have the original deeds in my possession, but unfortunately, they do not bear any signatures. I have made multiple attempts to contact the county regarding this matter, but they have consistently... View More
answered on Dec 4, 2023
If you do have possession of the original deeds and they are unsigned, they are ineffective to convey title. Until a deed is signed, delivered, and recorded in the deed records of the county where the property is located, title to the property has not been conveyed.
There would be no... View More
A bench trial is scheduled. I am preparing copies of trial exhibits. How many copies should I bring with me to the trial? Should I also bring originals if available?
answered on Dec 4, 2023
Barring a specific local rule or court policy, bring one copy for you, one copy for the witness, one copy to be marked and admitted into evidence, one copy for the judge, and one copy for each other attorney or pro se litigant who will participate in the trial.
If originals are available,... View More
I want to use excerpts of deposition transcripts as summary judgment proofs. I have served the deposition transcripts on the opposing party under Rule 194.2 but I have not filed the transcripts in the Record. Should I file them in the Record?
answered on Nov 29, 2023
The excerpts you want to use should be attached as part of your summary judgment appendix and specifically referenced in your Motion or Response (e.g. Smith Depo. 3:19 - 5:12, being the page # : line # of the excerpt which contains the referenced testimony).
Most courts do not allow you to... View More
I requested to break my lease and they are trying to force me to sign a release form within 72 hours and I don't understand what the form it means. I told them I would prefer to have a lawyer review it prior to signing.
answered on Nov 29, 2023
Barring very unusual language in your lease, you likely do not have the legal right to break your lease. You do, however, have the legal right to refuse to sign a release.
Your landlord can choose to allow you to break your lease, but is not legally required to do so, and may require you... View More
I am pro se. I just received a notice today that my former attorney has been subpoenaed by the opposing party to testify at a hearing. Is this allowed? What about privileged information such as the attorney-client privilege? The hearing is in 6 days.
Do I need to subpoena the plaintiff as... View More
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answered on Nov 22, 2023
Yes, the opposing party can call your former attorney as a witness at a hearing, even if you are representing yourself pro se. However, the attorney-client privilege may protect some of the information that the attorney is asked to disclose.
, I never put any money in it until recently and my ex spouse withdrew all the money i deposited, can he do this and get away with it?
answered on Nov 17, 2023
If you deposited money into a joint account that properly belongs to you and your ex-husband withdrew that money, you likely have a claim for assumpsit (also sometimes called "money had and received") to get a judgment against your ex-husband for the money he withdrew.
The legal... View More
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answered on Nov 17, 2023
It is important to protect your personal assets from your business. Create a corporation or a limited liability company to use to operate your business. The tax consequences are different depending on which form of business you take. See a professional to get more particular guidance.
I... View More
But had a child with my common law husband am I eligible for his benefits hes deceased or am I a bigamist social sec says I can't get it because we never divorced we never married either
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answered on Nov 17, 2023
In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be... View More
I was robbed, extorted, beaten up, and threatened by a security guard and his group at a night club and I'm looking to sue the company or agency that hired the security guard as well as negligence on behalf of another security guard that stood by and did nothing about the incident. I have... View More
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answered on Nov 18, 2023
You may have grounds to sue the security guard's employer for the actions of their employee under the legal principle of vicarious liability. This principle holds an employer responsible for the actions of its employees performed within the scope of their employment. If the security guard was... View More
Ok Texas is very specific that resisting arrest has to be accompanied by force against the officer.
Does hanging onto the steering wheel cause the officer startled you when he grabbed and started yanking on you seeings as you couldn't move cause you was still seat belted in the... View More
answered on Nov 13, 2023
Simply grabbing onto a steering wheel would likely not be considered "using force."
The Plaintiff against me in a civil case involving an assault charge never showed up to any of the hearings, they were able to get a partial summary judgement and now there going to have a final judgement hearing without the Plaintiff showing up again, only their lawyer. Doesn't the Defendant... View More
answered on Nov 13, 2023
The " right to face your accuser" applies in criminal proceedings. It may not be necessary for the plaintiff to appear in person depending on the scope of the partial summary judgment and the nature of the damage testimony. If the plaintiff is seeking purely economic damages, like lost... View More
Please officers seized my car there was illegal immigrant in the trunk of our car that climbed in there we did not put him in there we were unaware that he was in there he must have got in there when we were at the store we cooperated they pushed and taunted us we are secure party creditors they... View More
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answered on Nov 12, 2023
The good news is that seizure of your car is a civil matter. You should have received paperwork and a NOTICE of seizure of your property. That will have a case number and a court reference, so you can make your claim and get your car back.
The bad news is that there are strict time limits... View More
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