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Texas Civil Litigation Questions & Answers

2 Answers | Asked in Consumer Law and Civil Litigation for Texas on

Q: My friend is not repaying money which I lent.I have text msgs as proof that I lent him money.How can I get my money back

My friend was investing in a business with his partner and was looking for money. I lent him some money for which he said he would give me a share in the business he is investing. He came back later and said that his partner cheated on him so he is unable to repay me. There are text messages in... Read more »

Gary Kollin answered on Aug 21, 2019

Sue him

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1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Real Estate Law for Texas on

Q: Ex-boyfriend filing bankruptcy, will it affect me when we have a notarized promissory note?

I am a co-owner of my house (that my parents paid for) with my ex-boyfriend and we are separated because he had an affair. Both of our names are on the deedWe both had an agreement about things after he left the house. We have a co-signed home equity loan of about

Timothy Denison answered on Aug 20, 2019

Unless his name is on the deed, he has no claim to the property. He will likely be released from the promissory note on the house, but as long as you make the payment, nothing should happen to you.

1 Answer | Asked in Estate Planning and Civil Litigation for Texas on

Q: Does the tx homestead act override a last will and testament if the remaining person in the home is not include the will

great aunt passed and left everything to her to a select few of her nieces and nephews, One of the nephews was very sickly and not expected to live long, he could live in the house until he died then the house would be sold and divided amongst the remaining living. If he ever moved he would sell... Read more »

Tammy Lyn Wincott answered on Aug 15, 2019

If he owned the home, then the surviving spouse has a "life estate" enabling her to remain in home for remainder of her life. There are responsibilities she must undertake; however, that is best discussed in a private consultation with a probate lawyer.

The estate will need to be probated;...
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1 Answer | Asked in Workers' Compensation, Business Law, Civil Litigation and Gov & Administrative Law for Texas on

Q: Does making False statements to OSHA qualify as violation of the False Claims Act?

e.g. if Someone makes false statements to an administrative agency of the United States in order to get out of a fine, will this qualify to be potentially prosecuted under the False Claims Act (31 U.S.C. 3729 et seq.) in addition to qualifying under other appropriate federal laws?

Roy Lee Warren answered on Jul 29, 2019

I am sorry but this does not appear to be a wc type of question. Also most wc cases are governed under state law, not federal. However, according to the state wc laws a person can be prosecuted for fraud if they knowingly lie to obtain benefits. I'm not sure if that answers your question but I... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Texas on

Q: How do i go about suing a storage facility over my unit?

I have a storage unit that went into agreement in April 2017 but then went delinquent in Dec 2017. My ex called and used his debit card to bring it up to date payment wise, but the owner if the facility took my name off the agreement, replaced it with the cardholders name, changed my lock and now... Read more »

Bruce Alexander Minnick answered on Jul 25, 2019

It is obvious to many experienced lawyers reading this that you and your ex and the owner of the storage unit are in an unfortunate triangle that will probably not end well--for you. If a judge were deciding what to do they would probably agree with the owner of the storage unit that you violated... Read more »

1 Answer | Asked in Civil Litigation for Texas on

Q: Where can I find the text for Texas Probate Law Annotated Section 490?

I am searching to find the text in the code referencing the definition of mental capacity and the proper steps, guidelines or procedures to determine capacity for the purpose of triggering the attorney-in-fact’s ability or authorization to act. This matter takes place in Texas and all documents... Read more »

Tammy Lyn Wincott answered on Jul 24, 2019

Texas now operates under the Estates Code and no longer has a separate probate code.

Typically your document will define what action must take place in order to trigger the authority, i.e. person must be examined and certified by a doctor to be unable to make sound decisions, etc. You must...
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1 Answer | Asked in Civil Litigation, Family Law and Child Support for Texas on

Q: I’m being sued for back child support. I reconciled with my ex and we were common law spouses. We lived together.

So we had the same address and I always carried my daughter on my insurance. She never asked for support until I stopped paying a loan for her. I gave her support every month through my bank. I live in Texas.

Rahlita D. Thornton answered on Jun 23, 2019

You should defend yourself considering these facts. Possible offsets for child support.

1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Small Claims for Texas on

Q: Can I sue lawyer for not doing there job? For causing emotional distress?and messing up case?

August of last year I was in a major car accident in front of a police officer and the carless driver was given a citation while I was taken to the ER. I went to a lawyers office and met with the receptionist who took my statement and got started with therapy right away around December we heard... Read more »

Edward X. Clinton, Jr answered on Jun 21, 2019

You can only sue a lawyer for economic damages, meaning the money you lost due to the representation. Did you sign the release? if you did, you may be able to receive a settlement check.

The settlement must be agreed to by you as well. If the lawyer did not have your authority to settle,...
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1 Answer | Asked in Civil Litigation and Estate Planning for Texas on

Q: If an estates assets are much less than it’s liabilities, how does the personal representative handle the creditors?

The estate has $12k. The debt is $40k

Terry Lynn Garrett answered on May 31, 2019

The Texas Estates Code requires that debts be paid in a certain order. There are eight classes. When the personal representative does not have enough in the estate to pay a class, the remaining funds are paid to the creditors in that class pro rata. It might be a good idea to consult a local... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on

Q: How long does The State have to take u to court. I was told i had a warrwnt by a bondsman. I was release frim jail by

By the judge at arraignment. She said there were to many indescripences in my case. Then 3 weeks later the bondsman called the judges office and they issued me a bond. I did a walk thru at the jai. That was in january this year. But i havent hear from any court appointed attorney or anything.l... Read more »

Kiele Linroth Pace answered on May 29, 2019

Two years on most misdemeanors and three years on most felonies... however there are some exceptions. The only way to be 100% sure is to check the statute of limitations in chapter 12 of the Texas Code of Criminal Procedure.

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.12.htm...
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1 Answer | Asked in Civil Litigation and Criminal Law for Texas on

Q: Possession of drug paraphernalia. I’m 16 but will be 17 when I go to court. Will I be counted as a minor or adult? In TX

I got pulled over and had a grinder in my car. Got the citation for drug paraphernalia and scheduled my court day. Right now I am 16 but I will be 17 when I go to court. Will I be counted as a minor or adult ? Does it matter? Can I get this charge off my record?

Kiele Linroth Pace answered on May 21, 2019

They'll go by your age at the time of the offense for a misdemeanor. If it had been a felony there is a chance it would transferred into adult court.

If the case is dismissed you will be eligible for to file for an expunction that will actually destroy the records. If you are...
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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Antitrust for Texas on

Q: Vehicle was hit by another vehicle. Took it to paint shop. Went over the insurance estimate and removed a few items to s

Save some money. When I went to pick up my vehicle all the repairs were done very bad. Very bad.

Then when I got the final invoice the paint shop has changed all the numbers around to make the final bill to equal the original estimate.

Which they had already sent a supplement to... Read more »

Gary D. Peak answered on May 9, 2019

The question is, do you have your vehicle or is it still at the shop? If they still have it I would get an attorney to write a demand letter for the car and regarding the bill. If not, you can simply refuse to pay and if they report it to the credit bureaus then sue them, or if they sue you, file... Read more »

2 Answers | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for Texas on

Q: Why is it that lawyers get such a high percentage of people's settlement I mean don't get me wrong they deserve some but

But they are not the ones that are in pain and I have a law firm that is very rude to me when I call to cheek on the status of my case and no I call maybe every other month and I have never seen or talked to a lawyer only a case manager I feel like they are not handling my case propperly I have... Read more »

Gary D. Peak answered on May 6, 2019

Schedule an in person appointment and go visit with your attorney. Write out the questions you want to ask them so you don't forget any.

One to ask is when is the case going to mediation and why haven't we mediated already? Most cases settle at mediation.

Now, that said, personal...
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1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Construction Law for Texas on

Q: If you haven't been sued can you be made to answer personal questions in regards to another lawsuit that your fiance own

My partner is a builder and has been sued and the opposing counsel is asking about my involvement and asking me to give up personal information about myself. Example my bank account information and if i have opened new bank accounts.. is this legal

Matthew Valley answered on Apr 18, 2019

Is it legal for an attorney to ask you to provide access to your personal financial information? Probably yes. If you asking whether you legally have to provide him with that information, it depends. During a civil lawsuit, Texas law permits parties to pursue information from third parties that... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Securities Law and White Collar Crime for Texas on

Q: Does an Agreed Order end all disputes between two parties, meaning they cannot rehash it out at another time?

My attorney and my lenders attorney signed an agreed order revoking a substitute trustee sale snd ejoining them from non judicial foreclosure on a certain date. A year after they sell my house. Should the Agreed Order stopped them? Will that fact affect it now because it was supposed to resolve... Read more »

Bruce Alexander Minnick answered on Mar 27, 2019

Before you attempt to assert my answer as being 100% correct, I need to advise you either to read the entire "Agreed Order" and figure it out yourself, or ask your current lawyer, or hire a different Texas lawyer to explain what appears to have happened in your old foreclosure case.

My...
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1 Answer | Asked in Civil Litigation for Texas on

Q: My issue is with AC contractor that caused water damage to my residence 7500.00 His insurance is only willing to settle

His insurance SF will only settle for 4700.00 The company owner and I have a verbal agreement that he would pay for damages ,but I believe he does not know what his coverage is. I am unable to pay the difference for repairs and have gotten bids on repairs that are lower than SF adjuster... Read more »

Bruce Alexander Minnick answered on Mar 26, 2019

To be successful, every property insurance company in the world must discount the value of repairs based upon "depreciation" which takes into account the age of the equipment, condition of the equipment and other factors.

If you can get the job done for under the amount the insurance...
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1 Answer | Asked in Family Law, Real Estate Law and Civil Litigation for Texas on

Q: Father/death. Mom decides to write her testament. County judge says,we need to sign a Waiver of Citation.What if I do?

Texas Case

Note: Other relatives are helping on the process. I have not yet received the "Application to Determine Heirship" still my relatives want me to sign the document without me questioning. Why is that I have to sign the document and what will happen if I do?

Letter says:... Read more »

Tammy Lyn Wincott answered on Mar 26, 2019

You should consult with a probate attorney in your area. If you sign the waiver as is, you may be giving up rights that you don't want to, i.e. notification of hearings, etc.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on

Q: I was arrested on a warrant that was refused by the DA and was to be recalled by the issuing JP. Do I have any recourse?

I went to get finger printed for a FBI background check and was arrested on March 6 2019 at the Cedar Park Police Station for a warrant that was issued out of Grimes County in 2015, but the DA refused to prosecute it then and it was to be recalled. I have received a letter from the DA stating the... Read more »

Kiele Linroth Pace answered on Mar 20, 2019

Talk to a civil rights attorney that handles "Section 1983" lawsuits against the police.

It sounds like Cedar Park just arrested on a warrant they found in the system, which is what the are supposed to do. The responsibility of recalling the warrant should have fallen to someone in the...
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1 Answer | Asked in Civil Litigation, Traffic Tickets and Small Claims for Texas on

Q: My license was suspended do to a traffic accident in 2016 and judgement for damages. Can I reinstate if unpaid?

Judgement is over 2 yrs old and creditor is not willing to set up a reasonable payment plan for me to reinstate my DL. How if at all can I get anything done?

Grant St Julian III answered on Mar 1, 2019

You can petition for an occupational driver's license. This can be done at a Justice of the Peace or County Court at law. Calling an attorney may help. Good luck.

1 Answer | Asked in Civil Litigation for Texas on

Q: If land was willed to my Mother in the state of Texas, does she have to sell her land because the executor wants to buy?

There are 5 children in which this 67 acre land and home were left to in equal shares.

Tammy Lyn Wincott answered on Feb 20, 2019

First, the will must be admitted to probate before an executor obtains any power. Second, an executor may not buy the land without the agreement of all heirs otherwise there may be a conflict of interest. I suggest meeting with a probate attorney as it may be necessary to file a suit for... Read more »

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