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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: I need info on resisting arrest and being asked to get outta your vehicle! Should be on case by case basis.

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

John Michael Frick
John Michael Frick
answered on Nov 13, 2023

Simply grabbing onto a steering wheel would likely not be considered "using force."

1 Answer | Asked in Civil Litigation for Texas on
Q: Does the Plaintiff have to show up for hearings in a Civil Case?

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Civil Rights and Civil Litigation for Texas on
Q: How can I get my car back if it's been seized and my case thrown out?

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

John Cucci Jr.
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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...
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2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Construction Law for Texas on
Q: Can I get sued by a home builder for backing out of contract because rates have gone up and my monthly payment is more?

My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then... View More

John Michael Frick
John Michael Frick
answered on Nov 10, 2023

The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads "with interest not to exceed ___ % per annum." The Buyer is usually required to apply for a loan... View More

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2 Answers | Asked in Car Accidents and Civil Litigation for Texas on
Q: What type of attorney is needed to help with a subrogation representative to collect a debt from an auto accident?

This involves a debt being sought from an insurance company. The insurance company has paid out to their client but wants me to pay them for the accident. My insurance company denied the claim on my side due to the driver being excluded from my policy. The debt is more than I can afford.

John Michael Frick
John Michael Frick
answered on Nov 3, 2023

There are a number of attorneys who are capable of handling a motor vehicle accident case, particularly if no one was seriously injured. Younger, less experienced attorneys with 2-5 years of litigation experience handling automobile accident cases will be less expensive but nevertheless perfectly... View More

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1 Answer | Asked in Civil Litigation for Texas on
Q: How do i renew license if sr 88 hasnot been filed?
T. Augustus Claus
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answered on Oct 16, 2023

To renew your license in Texas if you have an outstanding SR-88, you must first file the SR-88 with the TxDMV and pay a reinstatement fee. Once you have done this, you will be able to renew your license. For personalized legal advice tailored to your unique circumstances, it's advisable to... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Internet Law for Texas on
Q: Can I sue Careerbuilder for trusting them with my personal information, and having scammers call me and email me?

I received fake job opportunies. But I put no info.

T. Augustus Claus
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answered on Oct 10, 2023

In Texas, if you believe your personal information was mishandled or inadequately protected by a company, you may have grounds to sue. However, proving negligence or a breach of duty on the part of Careerbuilder or any similar platform would be crucial. Additionally, you'd have to show that... View More

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Appeals / Appellate Law for Texas on
Q: Small claim court judge skipped the default hearing & set it for bench trial, why didn't they move forward with hearing?

Small claims court never got a response from plaintiff, so I filed the necessary paperwork which was the paperwork for the default hearing. The plaintiff showed up for the default hearing and the judge resets it for a bench trial. my question is why wasn't a default hearing given and why... View More

John Michael Frick
John Michael Frick
answered on Oct 9, 2023

A default is usually only granted when a party clearly shows a deliberate intent not to defend or prosecute a case. The plaintiff appearing at your hearing indicates the opposite.

1 Answer | Asked in Stockbroker Fraud and Civil Litigation for Texas on
Q: I changed my IRA over to precious metals. I invested $21,000 into silver coins at $73 when market was $27. What is wrong

I was dumb on this and thought I was doing good. At 287 1 oz. silver coins for $21,000 puts the coin at $73.00 per 1 oz coins. What can I do?

T. Augustus Claus
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answered on Oct 6, 2023

In Texas, as in many states, deceptive trade practices can be actionable. If you believe that you were misled or deceived when making this purchase, you may have grounds to take legal action under the Texas Deceptive Trade Practices Act (DTPA). For personalized legal advice tailored to your unique... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Texas on
Q: Waiting on toxicology report for 2 years. They said they are still waiting, what does that mean?
Grant St Julian III
Grant St Julian III
answered on Oct 19, 2023

I would not infer anything rom a delay by the State in filing criminal charges. Get with your attorney to talk with the intake department of the DA's office. Good louck.

4 Answers | Asked in Personal Injury and Civil Litigation for Texas on
Q: I fell in a gambling establishment broke my arm requiring surgery can't the business or owner of building be liable unde

Under their insurance to help with medical expenses and pain suffering.

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

If the negligence of the business or premises owner proximately caused your injuries (for example, by failing to correct or warn about a concealed unreasonably dangerous condition), they may be legally responsible for your damages.

You should consult a personal injury attorney in or near...
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1 Answer | Asked in Civil Rights, Appeals / Appellate Law and Civil Litigation for Texas on
Q: I have a judgment on Texas civil practice in remedies code section 31.002.(b)(3) which has seized my bank account

law, firm out of Dallas, is the one to put judgment on my bank account, which has seized all my money and able for me to live. The law firm they brought this on, cannot provide not one documentation stating that they were doing Nash they undermined Lee went to the courts without informing me and... View More

John Michael Frick
John Michael Frick
answered on Sep 27, 2023

I don’t understand what you mean by doing Nash and undermined Lee.

As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served.

Then contact an experienced civil litigation and...
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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What's the best course of action when the execurtor and applicant is removed from the probate and wit of possession pen

Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 25, 2023

The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Texas on
Q: my former roommate has admitted to owing me money for covering his portion of bills and now refuses to pay can i sue?

my former roommate got fired and fell behind on bills i agreed to cover it for him with the understanding he pays it back as soon as he can and he tried decently hard of it at first then he totaled his car a few months later and fell even more behind on bills i asked him on multiple occasions when... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

Yes you can sue but it appears he may not have any non-exempt assets to satisfy any judgment you may be awarded.

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for Texas on
Q: Do you happen to know of any pro bono lawyers in my area ? I’m in Sulphur Springs Texas.
John Michael Frick
John Michael Frick
answered on Sep 14, 2023

For family law and domestic violence: https://www.justia.com/lawyers/family-law/texas/sulphur-springs/legal-aid-and-pro-bono-services

For various other legal matters: https://www.lonestarlegal.org/

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1 Answer | Asked in Bankruptcy and Civil Litigation for Texas on
Q: What is a non exempt item? Can they take car that doesn’t have a lien on it?
Timothy Denison
Timothy Denison
answered on Sep 14, 2023

Yes. That could be a non-exempt item.

1 Answer | Asked in Child Custody, Civil Litigation and Divorce for Texas on
Q: Aside from law enforcement, what is required by the individual who is physically serving divorce paperwork?

I asked to pick up the divorce pw from the server but instead was served at work almost a week later. She asked my first name and said "you've been served." I then was served at my house by a deputy the next week. Her paperwork was an incomplete petition for divorce without the court... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

Private process servers must complete an approved 7-hour course, submit an application, pay a fee, and pass a criminal background check.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: My boyfriend suffered the loss of a testicle due to jail not sending him to emergency room. Can we sue

He has been commuting an undisclosed location for 3 months to regain competentcy. No hearing on his mental state until 11/24/23. They will not tell anyone where he is. He has said me and his mother could get info on last case it's on file with court

James L. Arrasmith
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answered on Sep 11, 2023

In situations involving medical negligence or deliberate indifference to a serious medical need while in custody, there might be a potential for legal action based on a violation of the individual's constitutional rights. Specifically, the Eighth Amendment of the U.S. Constitution prohibits... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Texas on
Q: Can I sue a police officer who stopped my son for no reason and charged him with evading arrest for no reason?

Body and dash cam showed no claims for detaining him with evading arrest. He also lied on his report saying he pulled him over for not stopping when exiting the parking lot and on the dash cam it showed him waiting for a car to pass before exiting. He drove 2 blocks at 20mph before pulling over and... View More

John Michael Frick
John Michael Frick
answered on Aug 27, 2023

Be thankful that the dash cam prevented your son from being convicted and move in with your life.

Your question suggests there are negligible damages assuming you could prevail and police officers generally are immune from lawsuits in these circumstances.

Do you really want to spend...
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1 Answer | Asked in Civil Litigation, Car Accidents and Personal Injury for Texas on
Q: Im not sure what type of lawyer I need

My truck was totaled by a door dash driver that fell asleep at the wheel. the trunk was not occupied, uninsured, and parked out side of my home. the driver is insured by USAA and they refused to pay due to her being on the clock with door dash and door dash with not contact me back. this incident... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

You need to promptly sue the driver and DoorDash. The driver's personal automobile liability insurance will not cover the damage because, as indicated, the driver was operating his vehicle for a commercial purpose at the time of the collision. However, DoorDash has a commercial motor vehicle... View More

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