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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Texas on
Q: Can a judgement be reviewed after I have paid it off?

I was involved in a class action case where default judgements got entered against a large sum of people (about 9000). The judgement entered against me was for alleged payments which equaled to about 23K. I never received the chance to dispute my case. On November of 2022 I received a subpoena... Read more »

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

A “class” action means that there are a large number of plaintiffs, not defendants.

If you were named as a defendant, you were entitled to be served with notice of the lawsuit. If you were not served, you should contact an attorney to review your options.

What options you have...
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1 Answer | Asked in Civil Litigation for Texas on
Q: Why I’m being sued for negligence when the trailer I was pulling had an unforeseeable issue?

I’m contracted to a company that provides me with a trailer every time I’m assigned a load. I do a pre trip and post trip inspection every time and record any issues. The injured party is suing me for negligence even though the trailer in question did not presented any visible issues in my pre... Read more »

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

Probably because they believe facts which aren’t so. Like whether a reasonably prudent pre-trip inspection would have disclosed the defect. Or like whether you are the individual responsible for maintaining the trailer.

1 Answer | Asked in Business Law and Civil Litigation for Texas on
Q: I am planning on purchasing assets of a spa that is being sued for a massage therapist not having a valid license.

The MT was accused of inappropriately touching a customer. The MT, the LLC, and owner are all being sued due to the accusations and not having a valid license while working (it had expired but he put in the paperwork for a new license prior to this happening, it just wasn’t approved yet.) Can me,... Read more »

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

If your asset purchase is handled properly, you as the buyer will have no liability from the lawsuit as described.

Obviously, anyone purchasing a business will have an attorney knowledgeable about such transactions preparing and reviewing the paperwork associated with the purchase....
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1 Answer | Asked in Civil Litigation for Texas on
Q: Will a process server, call from a private number, and tell me to call another number for further questions? Or is scam?

The only word I literally said was hello, then my voice echoed in the background as if I were on speaker. He said he had my name and social security number were in front of him, and he was calling because I had an open claim against me, that he was gonna serve me papers at my house, and for further... Read more »

John Michael Frick
John Michael Frick
answered on Jan 24, 2023

Yes, this sounds like a scam.

1 Answer | Asked in Civil Litigation, Contracts and Election Law for Texas on
Q: As a notary public in the state of Texas, may I rescind a notarization?
John Michael Frick
John Michael Frick
answered on Jan 23, 2023

Rescission is not really applicable in this scenario. The notary public is not usually a party to the substantive instrument notarized. The sole role of the notary is confirming the identity of the individual whose signature is being notarized. That’s accomplished by comparing the... Read more »

1 Answer | Asked in Municipal Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Can I sue my ex boyfriend/fiance for money spent on vehicles.

In April of 2020 I bought 2 preowned vehicles both combined equaling to 12 thousand dollars. When I bought them and I was with my ex and do to insurance reasons and my poor driving record he convinced me to put the cars in his name so it would be cheaper to put insurance on the car. After 3 months... Read more »

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

Yes, you can.

It will help your case if you have documentary evidence of your factual allegations including documentation that you paid for the cars and any text or SMS messages from your boyfriend contemporary to the time you bought the cars.

Be prepared for threats to report you...
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2 Answers | Asked in Divorce and Civil Litigation for Texas on
Q: My ex-husband sold a car during our divorce that he was given by my stepfather. What should I do?

The title of the car was formalized in his name during our marriage. He sold the car during divorce proceedings. I have not received half of the sale. Am I entitled to half of the amount it was sold for?

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

No you are not entitled to half of the proceeds.

However, in making a just and right division of your community estate, your divorce court may consider the sale proceeds, and how such proceeds have been used by your husband.

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1 Answer | Asked in Civil Litigation and Contracts for Texas on
Q: If a lawyer signs a contract for a flat fee can they start charging you hourly and threaten to drop you if you don’t pay
John Michael Frick
John Michael Frick
answered on Jan 18, 2023

In general, a lawyer is obligated to honor the terms of his contract. If he/she says he is going to charge you a flat fee (for example, to prepare and file a lien affidavit or to draft a will), he/she cannot come back later and charge you an hourly fee for the same work covered by the flat fee... Read more »

2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Civil Litigation for Texas on
Q: What kind of lawyer do I need juan paid double for void judgement and got court findings omitted 05-22-00767-C

S properties had liens section 5.085 of the Property would that help me ge

the highest bidder, which is J. Favela. J. Favela filed bankruptcy on behalf of

Empire Prime Capital Investing, Inc. ("Empire"), just four days after this Honorable Court told

Favela that he... Read more »

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

It sounds like this is a matter that has been litigated and is on appeal. So I would recommend a civil appellate lawyer.

It might help if the appellate lawyer has some experience or general knowledge of bankruptcy law as well.

You should anticipate such a lawyer will charge...
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1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Texas on
Q: Can I sue gexa entergy for over charging me because last August my bill was 378, September 647 October 763, November 255

December 919, January 786. I live in a 1 story house and it's just me and my lights get turned off every month and Every time I try to fix this I get on hold I'm on hold for hours upon hours until I pay the bill and then it starts over. I asked The guy at jexa energy how much I've... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

Interesting, I am about the sue a solar panel company on behalf of a couple clients soon. You may have a claim. I would need to learn more.

1 Answer | Asked in Civil Litigation for Texas on
Q: Good afternoon, Your exhibit has been added to your case. File a proper motion with the court to be sent to the Judge.

I sent some documentation to the Clerks office for my Lawsuit and then I received a response back from them. She sent me this but Im not clear as to what a "PROPER MOTION" is. Does that mean that I need to write a letter to my Judges Court, explain what Im dealing with then request for... Read more »

John Michael Frick
John Michael Frick
answered on Jan 10, 2023

Ordinarily, exhibits are either attached to a motion to provide evidentiary support for a factual allegation made in the motion, or introduced as evidence at trial or in a live evidentiary hearing.

Without the context of a motion, hearing, or trial, the judge has no way of determining the...
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2 Answers | Asked in Civil Litigation, Consumer Law and Real Estate Law for Texas on
Q: Need to know what law it falls under to file a suit against a police department a real estate agent and a mobile home

Mover. Please department for a failure to I don't know protect somebody when they tried to file multiple reports of being stalked raped Drugged ect.

Real estate agent for ethics for calling me causing me to be homeless with 2 children. Stealing thousands of dollars worth of merchandise... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 9, 2023

You can not sue the Police unless you have established a "special relationship." That has not happened in your matter. Unfortunately, the police have no legal obligation to make a report, investigate, or arrest anyone. Believe it or not, that's the law.

On the Real Estate...
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1 Answer | Asked in Civil Litigation for Texas on
Q: "File a proper motion with the court to be sent to the Judge." This is for a civil suit. How do I get it to the Judge?
John Michael Frick
John Michael Frick
answered on Jan 9, 2023

Electronically file it and set it for hearing.

1 Answer | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: My question is in regards to a tort matter. My legal issue is prohibited by restrictions imposed by federal government.

I could not get the legal help needed, I’m indigent and I cannot afford an attorney what can I do?

John Michael Frick
John Michael Frick
answered on Jan 8, 2023

There are a number of pro bono legal clinic scattered across Texas for litigants who are genuinely indigent. I’d start there.

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Landlord - Tenant for Texas on
Q: Hotel I was staying at had a huge fire and all the residents were displaced, can't get my belongings. What are my rights

Hotel did not reach out to know where I spent the night or if I was ok, nothing. No communication from the hotel at all since the fire.

John Michael Frick
John Michael Frick
answered on Jan 8, 2023

Usually, in the event of a fire like this, you would submit a claim under your own renter’s insurance policy to your insurance company. Most such policies provide for both temporary living arrangements as well as replacing your personal property.

Your landlord (the hotel) would deal...
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1 Answer | Asked in Insurance Bad Faith, Appeals / Appellate Law and Civil Litigation for Texas on
Q: My insurance company made identification errors. Why do they expect me to fix the problem when they never notified me?

My medical records related to auto injuries keep 'disappearing'. Ive been denied medical treatment for auto related injuries and constantly undermineded without any explanation. Now that I know, my insurer is admitting they made identification errors during the claims process and is fully... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2023

A Texas attorney could advise best, but your question remains open for three weeks. It isn't clear why false allegations were made against you - unless you mean the matter was escalated to a SIU (Special Investigations Unit). It looks like there could be a number of issues to sort out here -... Read more »

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Landlord - Tenant for Texas on
Q: Seller enters into verbal contract with buyer for two distressed houses. Years later Seller says you were renting!

The home seller in this case specializes in buying extremely distressed properties, hiring cheap labor to fix them up, then offers them to people with poor credit at high interest. One of the contractors who worked on a lot of the houses entered into verbal agreement to buy two houses on two... Read more »

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

Contracts for the purchase of real property are required to be in writing. There is no such thing as a verbal contract to buy a house.

You can verbally rent a house on a month-to-month lease.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Texas on
Q: Hi, a land lord has neglected to secure their property for over a year. Allowing rampant criminal activity. Can I sue?

We have complained to police and they said the owner needs to vacate the squatters, public utilities have contacted owner too for pirating utilities and still nothing. It’s been going on 2 years. Drug trafficking daily and appears prostitution. I’ve seen children there too and contacted... Read more »

John Michael Frick
John Michael Frick
answered on Dec 28, 2022

If you have a private interest in land as a current owner, occupant, or holder of an easement, and these conditions have substantially interfered with your interest in the use and enjoyment of land, and these conditions have an injury to you (which could be harm to your person, harm to your... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: What happens if the state does not file a motion to change the cause number to reindict but follows through under new #?

If a motion has to be filed before a cause number is assigned, is it lawful to file a motion after?

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Errors and discrepancies in case numbers are almost never fatal. Most such issues can be corrected. It is the substance that matters

2 Answers | Asked in Real Estate Law and Civil Litigation for Texas on
Q: I need a lawyer to Sue Yes Communities or help us get out of our mortgage. What kind of Attorney do I need?

We have a mortgage but rent the lot. The office manager and her staff harassed my 14 year old son and then the office manager put her hands on him shoving him from behind. I would to Sue and if we can't then get out of my mortgage somehow so we are able to move and buy a house else where.... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Dec 15, 2022

The way to handle your situation is to get a good lawyer who has litigation experience and real estate experience.

I would need to know more about your mortgage to advise you on that.

If you are paying rent on the lot where your trailer home is, the contract will tell you most of...
Read more »

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