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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Constitutional Law, Gov & Administrative Law and Municipal Law for Texas on
Q: Can a lawyer that I have used before represent the other party

I am suing a company and the lawyer that is representing them is a lawyer I have used in the past

Tim Akpinar
Tim Akpinar answered on Jul 29, 2020

A Texas attorney could answer best, but your question remains open for two weeks. It's difficult to address such a situation with a quick response. Aside from applicable Texas rules for attorneys, it could hinge on what you used the attorney for in the past, what she or he knows about you, any... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Can a lawyer I have used in the past be hired by the other side
Tim Akpinar
Tim Akpinar answered on Jul 25, 2020

A Texas attorney could advise best, but your question remains open for a week. As a GENERAL matter, it could be conflict, maybe not be the readily apparent type where an attorney could not simultaneously represent two parties of opposed interests in the same transaction (such as both sides in a... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Texas on
Q: I lent someone $800 to buy a dog once breaded they would pay me 1600 can sue for non payment and keep the dog?

The deal was they would pay me 1600 once the dog was breeded and had puppies, the dog has been breeded 4 times already and I have only received $50. I have lost my apartment along with my car,can I sue and keep the dog f or non paymnt AND 3 years have already passed

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 20, 2020

You can sue for what you were promised, and any additional damages related to non performance of the contract (verbal or written)

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Texas on
Q: How can the District Attorney reject a case, but CPS found a “reason to believe” the incident occurred?

6 months ago my sister was watching my son while I was at work. My son’s father arrived unannounced to pick him up (we didn’t have a custody agreement at that time). My sister didn’t know who was at the front door and grabbed my son from leaving. His dad called the cops and accused my sister... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 13, 2020

The DA's decision not to prosecute your sister for a crime doesn't determine the outcome of the CPS case because the two agencies have different roles and different perspectives. To prove a crime, the DA's office would need to show that your sister acted with malicious intent or... Read more »

1 Answer | Asked in Business Law, Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Can a tow company keep my car for Sunday and charge me for it because they aren’t open?

He told me they close at 4 on Saturday and closed on Saturday And open at 8:30 Monday but I read online they have to be open 8 Monday and till 5 on Saturday and open Sunday

Tim Akpinar
Tim Akpinar answered on Jul 7, 2020

A Texas attorney could advise best here, but your question remains open for two weeks. As a GENERAL matter in most any jurisdiction, the answer is generally yes. Such facilities, as a policy, do not suspend accrual of storage fees on Saturdays and Sundays. A Texas attorney could advise more... Read more »

1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: How do chrome users affected by this beach of privacy sign up for this class action?
Adam Savett
Adam Savett answered on Jun 8, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
Read more »

2 Answers | Asked in Civil Litigation, Contracts and Estate Planning for Texas on
Q: Do I need a prenup if I am in a 12 year relationship with no plans on getting married in the near future?

We do not call each other husband and wife, no paperwork except an old rent agreement in both of our names.

Main concern is can my partner get any sort of support from me if we do split up?

Thank you

Terry Lynn Garrett
Terry Lynn Garrett answered on May 27, 2020

You might want a cohabitation agreement.

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1 Answer | Asked in Civil Litigation for Texas on
Q: How can I go about using text messages in court . What are the proper steps to doing so?
Chad Zubi
Chad Zubi answered on May 16, 2020

Text messages can be a valuable piece of evidence in proving your case in front of a court. However, it is important to know that there are very specific rules regarding when evidence is admissible and when it isn't. In addition, there is a specific procedure related to introducing evidence.... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Texas on
Q: I was rearended in another state (I moved to TX in Dec). After going thru litigation my attorney withdrew from the case.

BUT.....

He filed the motion to withdraw within 30 days when I asked for more time.

The motion to withdraw date was March of this year and nobody in their right mind was traveling, I was def not going to get on an airplane and go back to that state during early February and into... Read more »

Tim Akpinar
Tim Akpinar answered on May 7, 2020

As a general matter, attorneys can withdraw from a case and clients can dismiss their attorneys. One option you could explore is to obtain digital copies of your records and see what you could learn or accomplish in contacting other attorneys. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Civil Litigation for Texas on
Q: I was married tin she has a slip fall case and a asbestos wrongful death suit for her father not inheritance am I

Entitled to any deportation of these asbestos suit in a trust soon to be released or I was told she may be hiding from me

Tim Akpinar
Tim Akpinar answered on Apr 24, 2020

It would depend on how the claims were framed, in terms of damages sought and claimants identified. Your post remains open for two weeks. You would need to contact an attorney in Texas if you wanted to discuss in further detail.

Tim Akpinar

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Civil Rights for Texas on
Q: I currently am working on a case similar to the one found in ex parte snow.

Support needed for the upholding of the constitution

Tim Akpinar
Tim Akpinar answered on Apr 21, 2020

Because of the complexity of your research, it could be difficult for a Texas attorney to advise in the brief format of this Q & A Board. That could be why the post remains open for three weeks. One option is to contact Texas attorneys directly. Although many offices are closed or not seeing... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury and Wrongful Death for Texas on
Q: She was not my real mother switch at birth but it a mess

I was lyed to for years about who I really am there only a marriage license that I have to and remember giving birth to four kids and the other I dont but have flash back

Tim Akpinar
Tim Akpinar answered on Apr 13, 2020

I'm sorry for your rough situation. A Texas attorney would be able to advise best, but your post remains open for a week. This could be the type of thing that eats up money in investigating, with no guaranteed results - maybe you could see if the Texas Health & Human Services Vital... Read more »

1 Answer | Asked in Civil Litigation, Intellectual Property, Real Estate Law and Probate for Texas on
Q: Need to transfer ownership of home from mother in law to my husband. We need to start paying arrears in property taxes

My mother in law passed away last summer, and my husband is her only child and living family. We need to figure out how to transfer ownership of her home and vehicle quickly because she hadn't paid property taxes for many years so we need to get on a payment plan of some kind as well as need... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 10, 2020

You do not need to complete transfer of title to either the home or the car to pay the property taxes, though paying them gives no ownership rights.

The DMV has an Affidavit of Heirship form.

While a court will not enforce it until it has been in the county clerk's deed records...
Read more »

1 Answer | Asked in Civil Litigation, Environmental and Insurance Defense for Texas on
Q: Does a Fire Department have the right to use or "seize" personal equipment or resources in a emergency?
Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

They could, as a general rule based on the doctrine of necessity. But arrangements could also vary by region, community, or individual relationships. Sometimes, large property owners (such as on ranches, farms, etc.) even provide permission for resources, such as water, to be used. The arrangements... Read more »

2 Answers | Asked in Bankruptcy, Banking and Civil Litigation for Texas on
Q: My husband and I have our finances separate. We file jointly for taxes. Can I file individual bankruptcy.

We file jointly because of a nuance in student fedloans that prevents us from filing separately. I am completely broke and have accounts closing out.

I need to file, we have no joint assets- the only joint thing we have is our taxes. I fear that because our taxes are joint that it may... Read more »

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Apr 1, 2020

You can file bankruptcy without your husband, whether you file taxes jointly or separately. However, if your debts are primarily consumer debts, and you are married and living together, his income is counted in the "means test" that determines if you qualify for chapter 7 or the minimum... Read more »

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1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: Divorce decree states she is to pay me $208/month for 3 years. It's been 2 years & not received a penny. How to enforce?

It's for property division.

Matthew Valley
Matthew Valley answered on Mar 28, 2020

Depends on whether that money is spousal maintenance, child support, or just an agreement related to the property division. You should take your divorce decree to a local divorce attorney for a consult.

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Texas on
Q: Can I bring legal action against a doctor that has not responded to seven requests for a prescription refill?

When I contacted the office her assistant told me the doctor has told her to "ignore" all requests for a refill from pharmacies. I have sent two texts and called twice. I am out of my meds at this point, all for hard to treat depression. I have been trying to get refills for two weeks.

Tim Akpinar
Tim Akpinar answered on Mar 26, 2020

This is a question best handled by a Texas attorney, but you await a response for four weeks. I'm sorry for your difficult situation. If the doctor is refusing to refill based on a medical reasoning in support of your best interests, that could provide them with justification. If they do not... Read more »

1 Answer | Asked in Banking, Civil Litigation, Bankruptcy and Civil Rights for Texas on
Q: If you paid off your account and the lawyer put a lien on my bank account. I have summited the paperwork already to him.

My wife payed of the account with another lawyer firm but this lawyer never did the research and froze my bank account how long will it take for him to release my bank account and give us our money back. Also can I file a suite against him

Timothy Denison
Timothy Denison answered on Mar 21, 2020

If you owed no money on the debt at the time the bank account was seized, you may have a claim for wrongful execution against the lawyer.

1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: Does an open air search of a vehicle extend to the passengers? If a K9 hits, and no drugs are found, is the passenger

required by law to ID and submit to a search of their person?

I was arrested for not IDing as passenger in vehicle involved in traffic stop for allegedly rolling through a stop sign. City cops followed us into county limits before initiating stop. Cops called k9 in from neighboring city,... Read more »

Grant St Julian III
Grant St Julian III answered on Mar 14, 2020

Texas Penal Code

Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

(b) A person commits an...
Read more »

1 Answer | Asked in Civil Litigation, Personal Injury and Civil Rights for Texas on
Q: Does a person mentally disabled have different statue of limitations when suing a company for deformities/injuries

Does a mental disability lengthen the statue of limitations in a lawsuit when the plaintiff is disabled

Tim Akpinar
Tim Akpinar answered on Mar 10, 2020

A Texas attorney is qualified to answer your question, as statutes of limitations are generally governed by state law. However, your post remains open for two weeks. Until you are able to arrange a consult with a Texas attorney, keep in mind that as a general matter, statutes of limitations can be... Read more »

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