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Texas Gov & Administrative Law Questions & Answers
2 Answers | Asked in Small Claims and Gov & Administrative Law for Texas on
Q: On fm 812 1 mile east of Elroy Texas. The 2 bridges are sinking and there is 2 huge dips.

My truck has been damaged from them. And I drive 5 under. I took my truck to the shop and there is damage to the front steering ball joints and tie rods every day it gets worse. Can I make the state pay the $1800 to repair my truck?

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2023

A Texas attorney could advise best, but your question remains open for two weeks. It's unlikely on a contingency basis. You may get firms to handle it hourly. But that's only an individual opinion. The only way to find out is to reach out to law firms to ask. Good luck

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Q: ERISA502(A) My employer's Workmen's compensation plan is based on this part of the law, but they are not compliant.

They are not providing proper medical care

S. Michael Graham
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S. Michael Graham
answered on Aug 19, 2023

My law office doesn't handle ERISA claims. If your claim does not involve negligence on behalf of the employer or other third party, it is almost impossible to obtain legal representation. For this reason, the Carrier's offer little to no support. I like to refer to it as fake... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: On unrestricted rural property in Montgomery County, Tx. Is there a limit to how many pets you may have?
T. Augustus Claus
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answered on Aug 16, 2023

In rural areas of Montgomery County, Texas, where property might be unrestricted, there usually isn't a fixed limit on the number of pets you can have. However, it's crucial to consider some practical aspects.

While local regulations might not impose strict pet counts, it's...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: Does the government get you a place if your emancipated in texas
T. Augustus Claus
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answered on Aug 3, 2023

Texas, emancipation is the legal process of becoming independent from one's parents or guardians before reaching the age of majority. When a minor is emancipated, they are considered a legal adult and responsible for their own welfare, including finding housing.

The government does not...
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1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Military Law for Texas on
Q: Can Texas calculate military retired pay as if the marriage ended on the date of separation, years before divorce?

A Texas judge signed a final decree in 2023, ending the community property portion as of 2019, the date of separation. The decree calculated and divided the servicemember's High 3 and years of service as if the marriage had ended in 2019. Post trial, the judge writes a letter denying that this... View More

John Michael Frick
John Michael Frick
answered on Jul 17, 2023

The community portion of military retirement pay is that portion which accrues during the existence of the marriage, i.e. from the date of marriage to the date of divorce. Any portion that accrued outside of the existence of the marriage is the servicemember's separate property.... View More

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: If I bought a car that got taken from me before getting it put in my can I do anything

I bought a car from someone on Facebook and my dad took the car from me before I could get it in my name can I do anything to get the car back

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

You can still take the signed certificate of title and your proof of financial responsibility (a/k/a insurance card) to the Texas Vehicle Registration Office nearest to you and register the transfer of title in your name. You can then take the registration to wherever the vehicle is located and... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: How long can Dallas County keep someone that has served their Time but release needs to come from TDCJ State Jail?

Dallas County 283 District Court sentenced a woman to 400 days State Jail and Awarded her 448 days backtime credit. She is still sitting in Dallas County Jail and TDCJ has not received any paperwork from Dallass County since June 28, 2023? Is this a violation of Civil Rights? Who is responsible... View More

Grant St Julian III
Grant St Julian III
answered on Jul 10, 2023

The release must come from TDCJ, but yes, you can file a civil suit. Call an attorney in your area. Good luck,

1 Answer | Asked in Personal Injury, Constitutional Law, Gov & Administrative Law and Libel & Slander for Texas on
Q: Texas, 2002, report of Class C offenses by municipalities to DPS was optional. Does that make it a proprietary function?

Proprietary function as defined in the Texas Tort Claims Act. The report itself was completely false, as in added in error. No such arrest was made, yet it was entered and cleared 2 more stages of review before being transmitted beyond the municipality.

The entry made it all the way to my... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

This question relates to municipal liability and asks if a governmental function done ineptly or negligently by the municipality reverts to a proprietary function (a mo-and-pop-shop) so that liability attaches and no claim of governmental immunity stands.

We do not get nearly enough...
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1 Answer | Asked in Copyright, Civil Rights, Gov & Administrative Law and Intellectual Property for Texas on
Q: Would it be illegal to read declassified files, similar to an audio book to make them more accessible to the public?

I ask because on some documents, especially recordings, you cant quote certain individuals, such as Linden B. Johnson because at the time of the recording he is a private citizen since hes no longer in office, either him or his family have copyrighted all recordings where he wasnt a public servant.... View More

James L. Arrasmith
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answered on Jun 18, 2023

It is generally not illegal to read declassified files aloud, as long as you are not violating any copyright laws or other legal restrictions. However, there may be certain limitations or restrictions on the use of declassified files, depending on the specific documents and the laws and regulations... View More

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: am I liable for property that was stolen off my property that belongs to somebody else?

someone left four vehicles on my property and pretty much just abandoned them here and someone broke into them not us but we finally called to get them towed away the owner seen them at the tow yard and said he was going to get the cops involved

John Michael Frick
John Michael Frick
answered on May 19, 2023

You are not legally liable for personal property stolen from your premises unless your negligence contributed to the theft of such property.

There is a well-established procedure for having abandoned motor vehicles removed from your premises. Ordinarily, you apply for a certificate of...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: How can a municipal court use "the State of" as plaintiff?

A cop writes the complaint, but sworn to by a clerk, then cop (the complainant) is nowhere to be heard from again & you find yourself sparring w/judge only, at what should have been a jury trial, prosecutor says nothing. Through all our objections & asking where the plaintiff was, the judge... View More

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

The violation is most likely a violation of a traffic law of the State of Texas. Therefore, it is correctly the State of Texas v you as the alleged violator.

The traffic officer who wrote the citation isn’t required to appear at pretrial proceedings. That would divert officers from...
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1 Answer | Asked in Gov & Administrative Law and Social Security for Texas on
Q: Will getting llc for my sister jn law affect my social security benefits in texas
James L. Arrasmith
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answered on May 2, 2023

Registering an LLC for your sister-in-law should not have any direct impact on your Social Security benefits in Texas, as long as you are not using any of your own Social Security funds to start or run the LLC. However, it is always a good idea to consult with a Social Security attorney or advisor... View More

1 Answer | Asked in Gov & Administrative Law and Social Security for Texas on
Q: will getting an llc for someone else affect my social security benefits

I live in San Antonio Texas want to know if getting llc for some one else will affect my social security benefits

James L. Arrasmith
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answered on May 2, 2023

Forming an LLC for someone else should not directly affect your social security benefits. However, it is important to note that the ownership or income from the LLC may be taken into consideration when determining your eligibility for certain government programs, including Social Security benefits.... View More

1 Answer | Asked in Gov & Administrative Law, Health Care Law, Public Benefits and Social Security for Texas on
Q: If i was born with a birth defect that effects my respiratory and blood pressure, why wouldnt the ssa do pulmonary tests

I was born with lung agenesis aka only one lung. My lung pushed my heart more to the left side possibly causing me very high blood pressure. I have severe breathing complications and struggle with mental health. Since the covid pandemic I've caught the virus twice now and my breathing is... View More

James L. Arrasmith
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answered on May 2, 2023

It is understandable that you are concerned about why the SSA has not done pulmonary function tests for your respiratory condition. However, without specific knowledge of your medical history, it is difficult to provide a definitive answer.

It is important to note that the SSA considers a...
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1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Does any branch of government have the ability to medically implant any electronic device in a person against his will a

And to control a person's decision making skills and would be defendant be sole responsible for any crimes committed

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

No, we currently do not have the technology to do so.

1 Answer | Asked in Gov & Administrative Law and Bankruptcy for Texas on
Q: How to have a state district court judge disqualified or recused in Dallas?

This judge has "stayed" my case against 4 Defendants, because one filed for bankruptcy. Basically all 4 defendants are benefiting from bankruptcy, when only one filed for it.

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

The fact that a judge has stayed your case due to a bankruptcy filing is not grounds for disqualification or recusal.

If you believe the stay is improper, you can file a petition for writ of mandamus with the court of appeals.

You can also file a motion to lift the stay in the...
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2 Answers | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: When is a case number allowed to be changed

My son was arrested for a crime but while in custody waiting for the trial the case numbers were changed

James L. Arrasmith
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answered on Mar 11, 2023

Case numbers can be changed for various reasons, such as administrative errors or if the case is transferred to a different court. However, changing a case number after an arrest and while waiting for trial is unusual and may indicate that there have been significant changes to the case, such as a... View More

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2 Answers | Asked in Consumer Law, Banking and Gov & Administrative Law for Texas on
Q: What are the most effective options to build a strong legal case against: ADT/SunPro Solar and Good Leaf the lender?
John Michael Frick
John Michael Frick
answered on Mar 2, 2023

Since Texas is a one-party consent state, record every conversation you have with every representative of each party. Keep the entirety of each recording and turn all of the entire recordings over to your attorney.

Do not sign anything unless it has been reviewed and approved by your...
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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Texas on
Q: Can cps change/alter the cut off levels of hair drug test results? Cut off levels for meth are 500. My level was 440?

And the test results it shows that the cut off level for that particular test was 300 for methamphetamine, causing me to yield a positive result. I have taken about seven hair follicle tests, and every other test has a 500 cut off for meth

John Michael Frick
John Michael Frick
answered on Feb 26, 2023

No, CPS does not have the regulatory authority to change drug test cutoff levels.

But be aware that cutoff levels are often different for screening vs confirmation testing, with confirmation cutoff levels being lower due to the greater precision of the tests

1 Answer | Asked in Tax Law and Gov & Administrative Law for Texas on
Q: Is it legal for irs to take my taxes for my kids dads debt? Never married.

I claimed him on my taxes or may have filed jointly back in 2017. We have never been married. Last year I was supposed to get 8913 back and irs took all of it. They said that he owed a debt from 2017, the only year I ever claimed him. This year they took 6271 because my last year taxes didn’t... View More

John Michael Frick
John Michael Frick
answered on Feb 18, 2023

You can’t file jointly if you were never married.

Because you filed jointly, the IRS likely believes you are married pursuant to common law in Texas.

Ordinarily, the IRS cannot retain one taxpayer’s tax refund to offset the debt of another taxpayer.

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