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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Libel & Slander for Texas on
Q: Slander and Defamation

I'm having an issue of where a place that I used to live at, and apartment complex including the management have been spreading lies about me being bipolar, crazy and dangerous. I am bipolar and the lies have spread out the my current place that I have recently moved to and to my neighbors... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 24, 2021

It's unclear why you are worried about eviction, or exactly what's happening. You get evicted for not complying with the lease, not because people are spreading lies about you.

If the lies are believed and you can prove damages, you might have a case, but filing a suit is not...
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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Texas on
Q: Collateral on a loan was never returned when the loan was never provided. Indirect threats were made following this

Is this a criminal and/or civil matter? The collateral in question was the key to my storage unit which contained $30k-$40k worth of personal property. When no loan was ever produced I asked for key to be returned the day that the offer of a loan was proposed. They refused. I found out 2 weeks... Read more »

John Cucci Jr.
John Cucci Jr. answered on Aug 17, 2021

Dear Denton:

Sounds terrible.

I will assume all you tell me in the question is true. If the person who is now in possession of your property, got it through false information or "trickery" that would be a crime in Texas. I hope you have proof of your inventory. If not it...
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1 Answer | Asked in Civil Litigation and Small Claims for Texas on
Q: My roommate is threatening to sue me for rental assistance that she secretly applied for and paid someone else to do

She applied the apartment we share for the apartment Texas rental relief which is for households only and is demanding that I pay her back the funds that were automatically applied for 2 months of rent with a government check for over $4,000 that she paid someone to put through the application to... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 16, 2021

I don't understand your question. Your roommate paid someone else to apply for rental assistance, apparently received it, and is threatening to sue you for it? If your agreement with your roommate is to pay 1/2 of the rent, do that.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Midland county. Arrest 06-19. Misdmeanor. Dismissed and Bond returned 09-20. ARRESTED on same case 08-21. false arrest?

Cause number cr172821. I told them to recheck warrant and I had paperwork from dismissal. Told them the jail refunded my bond in full so I know it was dismissed before arraaigned. Rude and hateful refused to acknowledge I was even present other than to laugh and tighten cuffs and take me to jail.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 11, 2021

Consult an attorney who files lawsuits in federal court against law enforcement for civil rights violations under "Section 1983." It is doubtful you will find such an attorney in Midland... you're probably talking about an attorney from a city with millions of residents. The good... Read more »

1 Answer | Asked in Civil Litigation, Identity Theft, Small Claims and Collections for Texas on
Q: Small court debt claim. There’s a lawyer on record for plaintiff but another attorney contacted me. What to do?

The plaintiff (a collection agency) has a retained attorney on record the one who filed the lawsuit, but another attorney claiming to be from the same law firm sent me an email trying to settle outside court. Should I correspond with him considering he’s not the attorney on file? Can he do that?... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 4, 2021

A Texas attorney could advise best, as collection practices can involve state law. However you await a response for two weeks. As a starting point, you could reach out to the first attorney to ascertain what is going on in terms of being contacted by more than one attorney. You ask how to proceed... Read more »

4 Answers | Asked in Civil Litigation, Consumer Law, Criminal Law and Intellectual Property for Texas on
Q: Can I use the term "law" in my email address title without being a lawyer? Example: Jason.Smith.Law@yahoo.com.

I am a law student and have an email address with the term "law" in it. I am not a lawyer, however, and have never stated that I am. Is it legal for me to continue to use this email address without being a lawyer? Don't I have speech protections so long as I am not actively trying to... Read more »

Omar Darwich
Omar Darwich answered on Jul 15, 2021

best and easiest way to get a proper answer is to just contact your local state bar's ethics hotline

good luck

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1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Texas on
Q: Does the law protect renters on verbal contract?

I rent a room under a verbal contract. I've been told to vacate. This is sudden and leaves me in a terrible position. I'll be on the street because of this. Is there any law to protect me from this?

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

If you rent the room on a month to month basis, they have to give you 30 days notice of non-renewal. If the oral agreement is week to week, they would only need to give you a week's notice of non-renewal. If you've breached the agreement in some way, the notice period can be 3 days.

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Can the city change a private road to a public street against homeowners' desires?

We do not want our private road made a public street. Can the city override our desires when we homeowners on the road have titles/deeds saying we each own 1/4 interest in the road and easement and no changes, alterations or modifications can be done to the road or easement without our written... Read more »

Leroy Scott
Leroy Scott answered on Jun 16, 2021

Yes, the city can do that, but it has to provide just compensation to the private owners. Look up "eminent domain".

1 Answer | Asked in Civil Litigation, Criminal Law and Gov & Administrative Law for Texas on
Q: Yes I want to know if a court can require. Me to take drug test while on bond before I am convicted of any crime
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 15, 2021

Yes, the court has wide discretion when setting the conditions of bond. Anything related to your attendance at court or the safety of the community is fair game. If your case does not involve drugs and you don't have any history of drug use then you could ask your attorney about the... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Estate Planning and Probate for Texas on
Q: Can I sue for my grandmas ashes? Her new husbands family took them when he passed.

My grandma passed (in Texas 2015) first and then her new husband had changed around everything in the will (when my grandma was sick he got her to sign stuff). He cut multiple family members from my grandmas side out and made his son the executor. When her husband passed (in Texas 2017), the son... Read more »

Isaac Shutt
Isaac Shutt answered on Jun 14, 2021

It's definitely worth having free (or inexpensive) consultation with a probate attorney. I'd recommend trying to schedule a meeting with an attorney that focuses on probate and estate planning law.

You would be an heir to your grandmother's estate, so it's important...
Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Texas on
Q: My name is radiah. Iam trying 2 amend a document.Can I amend the document by checking the box from limited 2 unlimited
Tim Akpinar
Tim Akpinar answered on Jun 7, 2021

A Texas attorney could advise best, but your post remains open for two weeks. It isn't clear what type of document you're trying to amend, but regardless, it could be difficult to obtain feedback on something like that on this Q & A forum. If you reached out to attorneys in the Dallas... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Divorce for Texas on
Q: Is Defamation ex parte and subjective language (libel) allowed for a writ while a victim child is protected by VRA law?

Defamation and subjective language were used ex parte for a writ to a child's body, after an action (motion) was in place for full custody, after numerous bouts of maternal child abuse and maternal fraud were evident. The child was then subsequently returned to the maternal abuser against... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 25, 2021

I apologize for the snarky tone of my previous response. I can't remove it, so I will try again to answer your specific question regarding the language in a writ:

Arguing over the language is probably not the best use of your time and effort. One of the many reasons that wise...
Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: Do grandparents have custody rights in this situation? Texas

My friends sister has a 2 year old. They live with their parents. Without telling anyone, the sister checked herself into a mental health facility. She gave her son to a coworker to watch. The coworker does not normally interact with her son. The parents (parents of sister) want him to be back at... Read more »

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

As a general rule if both parents are alive and well, rights not terminated, or incarcerated, then no grandparents have no rights in Texas.

Without court orders granting the grandparents rights, they have none.

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Employment Discrimination for Texas on
Q: Civil Demand Notice, I was an employee using 10$ off coupons on my transactions. Over time made the company lose 300$

I paid for everything I purchased. I want to start off by stating that. I never once stole anything. These coupons are meant to be used along with our associate discount. I would take the points customers didn’t want and add them to my account. If an item I bought was 100$ then I would end up... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 17, 2021

Paying a civil demand after the fact will not prevent criminal charges of theft or forgery. Sometimes the vendor will imply that they won't file criminal charges if you pay the civil demand... but they might anyway. Also, once it is reported to law enforcement the vendor can't dismiss... Read more »

1 Answer | Asked in Domestic Violence, Sexual Harassment and Civil Litigation for Texas on
Q: I received a sexually explicit video against my will and consent. What can I do to pursue the sender?

I was in a highly abusive relationship with a mentally unstable woman (wasn’t aware of her issues at the time).

One day she threatened to show me a video of her and a former sexual partner.

I refused and she caused a huge fight where she attempted to assault me, and we both ended... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

Just delete her messages and block her on all platforms. Trying to make a legal case out of something like that will only prolong your misery.

1 Answer | Asked in Civil Litigation, Domestic Violence and Criminal Law for Texas on
Q: I live in Texas - and I am needing a way to seal/expunge a closed civil case - Application for Protective Order.

My ex-gf filed an application for protective order against me - and falsified the allegations completely. The Judge denied the application for protective order. So luckily - this is behind me - however, I REALLY want to seal this - so that I don't show up on the county courthouse search... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 21, 2021

Hire an attorney or research Rule 76a of the Texas Rules of Civil Procedure. Be aware that a Family Violence protective order is based on the Family Code but a Stalking or Sexual Assault protective order originates in the Code of Criminal Procedure.

2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Sharita Blacknall
Sharita Blacknall answered on Apr 13, 2021

Here are some of the requirements for name change in Texas:

-You are at least 18 years old.

-You file a petition asking for a name change in the Texas county where you live.

-You provide the court with complete information about all felonies and Class A or B misdemeanors...
Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Small Claims for Texas on
Q: I had my car illegally towed from apartment. What can I do?

Apt did not use contracted towing company as what’s listed in my contract and outside buildings. They will not tell me a reason my car was towed. Who ever took my car did not leave any information on where my car was taken to. They did not register my car as towed, so it has been stolen. I made a... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 9, 2021

Hello, thanks for your question!

Sorry to hear about that! In regards to the fees that you are being charged, on the invoices you are receiving, there should be a phone or email address that you can reach out to figure out what's going on.

I'm a little confused - how do...
Read more »

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: Do I have right to say no for my wife kid from the previous marriage?

The kid was 16 yes old and we never get along so we both know that is not the best option.

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

A: Yes you have a right to say no. She has a right to say “screw you” excuse my language. And both of you have a right to file for divorce. This isn’t a legal issue, it’s a marital issue. You have a right to agree or oppose to anything you want during the marriage

2 Answers | Asked in Civil Litigation, Divorce and Family Law for Texas on
Q: How do I prove I am common law married in texas? The narcissist partner says they aren't as it doesn't serve need

had bank acct now closed. Current truck together, opened business with a partner while wife financially supported. Purchased motorcycle in his name and she paid payments and insurance, she or his mother paid storage intro as husband and wife. Received packages with spouse last name(packages not... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

It comes down to whether or not you held yourself out to public as husband and wife. To determine that, a divorce would have to be filed, the other party can contest it, and the judge would take into consideration a variety of factors (joint accounts, joint ownership of property, joint tax returns,... Read more »

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