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0 Answers | Asked in Contracts and Divorce for Texas on
Q: Divorced 2019 ex has not paid nor given property can I do anything now to fight for what's on divorce papers?

It's a couple of thousand dollars and sentimental items. Please and thank you.

1 Answer | Asked in Car Accidents for Texas on
Q: A civil citation states we were negligent owners in an accident, but we sold the vehicle. How can we be removed?

We have the bill of sale and registered the sale with the DMV. How can we go about being removed as defendants in this case? Case is in Harris County, Texas

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Ask the lawyer defending you in the accident case to file a traditional motion for summary judgment asserting that you were not the owners of the vehicle at the time of the accident. You can attach the bill of sale and registration as summary judgment evidence.

1 Answer | Asked in Consumer Law and Real Estate Law for Texas on
Q: Hi my home is in a lawsuit since a relator bought my home from someone she knew had falsified signatures

When they tried to evict me in jp court the judge ruled in myfavor and stated that i should not be evicted while the case is pending higher court between the person i bought the house from and thecperson mrs leal bought the home from but she still gets another realator to list the home for sale... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Win the case that is pending in the higher court. You might be able to persuade the judge in that higher court to grant a temporary injunction prohibiting the realtor from listing the home for sale until the lawsuit is resolved.

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Personally haven’t been getting help from the other parent.

Can I ask the court for physical and legal custody if the other parents hasn’t tried to even go to court for our child, it’s been about a year. I’ve been asking for a divorce but they’re just clinging on and telling me to wait.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

If you are still married to the other parent, you will need to file a petition for divorce and include a request to be appointed sole managing conservator in the divorce pleadings.

0 Answers | Asked in Criminal Law for Texas on
Q: How long do they have to hand down an indictment in the state of Texas?

My son is in jail on a blue warrant for a domestic violence charge. He was arrested last year on a drug charge after he was pulled over. He is on bond for that charge but there has been no indictment handed down on it.

1 Answer | Asked in Criminal Law for Texas on
Q: Can a defendants proffer from a plea agreement that was successful withdrawn be used @sentencing in a new plea agreement

Defendant withdrew plea agreement and was set for trial but signed a new separate plea agreement. Can proffer under previous withdrawn plea agreement be used against client in sentencing under new plea agreement?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024

The answer to your question is in your signed Proffer agreement. Unless you lied, or broke the proffer agreement, the government should NOT be able to use your proffered statements.

I hope this helps.

0 Answers | Asked in Domestic Violence for Texas on
Q: My husband blacked out after drinking, woke up in rage and pushed me by my throat to fridge.

I called cops. And said that he choked me. I did not do report or let them take pics of any Injuries, and they didn't speak to him that night. we've been together 17yrs, have 7 kids and never has this happen. Alchol induced psychosis possibly. We think The cops are trying to get him... View More

0 Answers | Asked in Libel & Slander and Family Law for Texas on
Q: My husband filed a restraing order claiming physical and mental abuse. I had to leave my home of 9years

I have no criminal record his allegations are false. I had to leave my crying twins with a alcoholic and pill addict.

0 Answers | Asked in Land Use & Zoning for Texas on
Q: I have land in Navarro county and my deed is no restrictions. But retreat Tx tell me I can’t put a mobile home on my lan

I’m outside the city limits of Corsicana Tx so it put me in city of retreat tx

1 Answer | 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

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You should file a Response to the Motion for Continuance stating that you did properly file your answer with the justice of the peace court and attach a file-marked copy of your answer as an exhibit to your Response. Unless there are other factors at play, I would state that you are ready to... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I let my sister hold $10,000 of my cash in Texas. Her husband lent us his car and it was damaged can he take my money?

he took my money from my sister and refused to give it back because his car was damaged. Is that legal?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

Not legal unless the deposit of the money was for the purpose of securing or insuring the car you borrowed. What he did is called conversion, and may be considered a felony theft. If he doesn't give the $ back, or try to make arrangements with you, then you should call the police to get your money.

1 Answer | Asked in Business Law for Texas on
Q: I was promised by a company rep that they had a 30 day refund policy prior to purchase

Salesman had me complete purchase away from front desk where return policy is located. Then when tried to return they state they have a "no return policy". I have audio recording of rep stating I could return within 30 days, as discussed, on day I was trying to return.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Sounds like you have good solid evidence to support your claim that a term of your purchase was the right to return the merchandise for a refund within 30 days.

0 Answers | Asked in Contracts for Texas on
Q: How can home inheritors in Texas get out of a 25 year PPA solar lease? There is no provision in the contract about death

Mother entered into a 25 year solar PPA with Sunrun in July 2020. No lien on home, but with UCC-1 on Sunrun panels. She had Alzheimer's at the time. Mother passed away Oct 2023. The contract includes information about selling the home, but nothing about death or inheritance. I guess this is... View More

1 Answer | Asked in Personal Injury for Texas on
Q: It took over 6 mo.for the lawyer to get me to see a lung Dr due to a black spot on my right lung in the middle of it an

an now I'm having breathing problems if I would of seen a lung Dr when I told the lawyer I wouldn't have to do breathing treatments the rest of my life he failed to get me a Dr when I first told him an my wife has to have back surgery an the same thing with her it took him that long to... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Typically, lawyers are not involved in making arrangements for patients to see doctors. That being said, pulmonologists are a type of specialized doctor that is in high demand. When my internist referred me to my pulmonologist, the earliest appointment I could get with her was more than six... View More

0 Answers | Asked in Family Law and Domestic Violence for Texas on
Q: Can I file restraining orders on my ex husbands family?

He is in jail, hold without bond, on felony charges VOPs. Retaliation runs in his family and they are just TOXIC people. I fear for my daughter and my safety at this point.

0 Answers | Asked in Family Law for Texas on
Q: Can my lawyer give my paperwork to the courts for the other party without me agreeing in court custody case?

Paternal grandfather now wants custody/ adoption of grandson after my daughter passed away. Came & took him from my home few weeks after I buried her in Texas. Their son was killed in Dec 2022, my daughter passed from breast cancer in July 2023. The two were never married and I took care of... View More

1 Answer | Asked in Foreclosure for Texas on
Q: What do attorneys do when someone is facing foreclosure by the HOA.
John Michael Frick
John Michael Frick
answered on Apr 24, 2024

If there is a valid ground to contest the foreclosure, an attorney likely would file an application for a temporary restraining order and temporary injunction as part of a declaratory judgment action seeking a declaration that the HOA does not have valid grounds to foreclose on the property.... View More

1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

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

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

0 Answers | Asked in Criminal Law for Texas on
Q: If I’ve given written/signed consent for police to do a phone search, can I withdraw that consent?

They have had the phone for over 2 weeks now, and I’m not sure if it’s been searched through or not.

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