Get free answers to your Civil Litigation legal questions from lawyers in your area.
THE SAME TRAIL I WAS BEAT BY THE OFFICER IN HANDCUFFS. I'M A SPEACAIL NEEDS NIGERIAN COLLEGE TRANSFER STUDENT WITH NO VIOLANT HISTORY.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 21, 2024
Yes, you may have grounds to sue Texas for violating your due process rights. Being denied a lawyer and experiencing police brutality, especially as a special needs individual, are serious issues. Under the Sixth Amendment, you have the right to legal representation, and the Fourteenth Amendment... View More
I was involed in an auto accident in july 2022. My first lawyer was fired for cause in January 2024. The reasons included failing to provide LOPs so i could seek treatmen lack of communication, not being licensed in my state failing to submit PIP funding to my ins after i signed it.
which... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 16, 2024
You should inform your current attorney that the accusations being made are false.
Not being licensed to practice law in the state where the lawsuit was filed is very likely good cause to terminate a lawyer's services unless the lawyer was admitted to practice in that court pro hac... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 15, 2024
If the person is a party or receives a subpoena, yes that person legally must testify. It's the same as being subpoenaed to testify in court.
I've lived with my bf for over a year. Whenever we argue he kicks me out..sometimes for days. I have to sleep in my car with my two dogs. I dont work so I have no money. Sometimes I'm stuck for days without food or anyway to communicate with anyone (he takes my phone) . He also throws... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 5, 2024
While you can get a protective order from physical violence and the destruction of your property, that will require you and your boyfriend to live apart.
Legally, it sounds like the best thing for you to do is to secure a job, find another place to live, get your license reinstated, and... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 1, 2024
If you commit a crime, your friend can notify police and file a police report. Law enforcement will then refer the case to the district attorney who will decide whether to file criminal charges against you.
The fact that your trailer is parked in your friend's driveway does not excuse... View More
Is there any legal defense a spouse would have against this tyranny?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 12, 2024
Yes. A spouse can file a petition for divorce on the ground of abandonment. TFC 6.005. The wife must prove the husband left with the intention of abandoning the wife and remained away for at least a year. In the divorce action, the wife will be entitled to a just and right division of the... View More
in 2019 I was assaulted at my home by a felon. I displayed a firearm and was arrested for ag assault with a deadly weapon. Charges rejected by prosecutor without pre trial diversion. After waiting 3 years, my attorney filed for expungement which was granted and final June 19, 2023. Now one year... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 15, 2024
I'm sorry to hear about the difficulties you're facing. You may have grounds to sue the city police department for damages to your reputation, false arrest, and failing to comply with the expungement order. These types of cases typically involve claims of malfeasance and the violation of... View More
After the hearing and considering the evidence this court is of the opinion that the plantiff is entitled to possession of the property located at xx I am The defendant xx and this is the judgment of possession is a petition for forcible detainer it is ordering accordingly order decreed that... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 6, 2024
This sounds like an eviction case in which you have been evicted from the apartment. If the tenant does not filer an appeal, a writ of possession is issued ten days after the date the judgment was granted. That gives the tenant ten days to move out of the apartment. A writ of possession will be... View More
There was a will put in place in 1973 my grandmother passed away in 2015 the probate was never challenged and my father passed away in 2019 my grandmother only had two children did my aunt having power of attorney give her the ability to override the wheel?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 3, 2024
A power of attorney ends when the principle who signed the power of attorney dies. A will does not go into effect until it is probated and a will can only be probated after the individual who signed it dies. So the attorney-in-fact named in a power of attorney cannot override a will.
He won’t pay me the 50 percent of property we bought ten years ago. Any suggestions? I was told to file a “partition suit “ my email: bstommel@icloud.com
![John Cucci Jr. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
answered on May 21, 2024
Your question says nothing about whether or not, you are getting divorced.
If no, then you have a problem.
If yes, or you already are divorced, then you can sue for your 50%, and an accounting, for immediate relief, and ask for partition or sale of the property, and split the... View More
Filed for visitation in my County but it got transferred to her County. During the process she moved out of State for no reason at all. I want my County to have Jurisdiction now. She has residence in the other state now.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on May 20, 2024
Jurisdiction and venue are established at the time a lawsuit is filed. The only way to make a change after a lawsuit has been filed is to dismiss the pending lawsuit and refile a new lawsuit in a court with jurisdiction and venue. In most "visitation" matters, the state and county with... View More
I’m being charged with smuggling of people when I drove a friend to eagle pass to pick up what I thought was his nephew. There was never talk of money to be exchanged or anything . A sheriff in a truck out of the blue and tail my car with his bright lights on never the police lights. My gps... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 19, 2024
It sounds like you’ve experienced a troubling and complex situation with multiple law enforcement agencies. To pursue a lawsuit, it's important to gather all evidence and documentation related to the incident, including any police reports, witness statements, and any communication records.... View More
I'll keep this short as possible. Divorced a woman that I did not have children with but I had my own children. During the course of the divorce, she was granted sole exclusive use of the house and I was not. During that time her and her family liquidated my adult children's assets (who... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on May 16, 2024
Because your children are adults, they will need to hire an attorney, not you. An attorney with experience in civil litigation in or near the county where the property was taken ought to be able to file a lawsuit for conversion and under the Texas Theft Liability Act. Because of the nature of the... View More
How does writ of possession pertain to probate no landlord tenant
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 3, 2024
A writ of possession is a court order granting the right to take possession of a property. In the context of probate, it typically comes into play when dealing with the estate of a deceased person. If an executor or administrator needs to take control of property that is part of the estate, but... View More
How does writ of possession pertain to probate no landlord tenant
![John Cucci Jr. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
answered on May 15, 2024
A Writ of Possession is where the Court instructs the Sheriff to give possession of a property or apartment to someone, who has a newly granted legal right to possession of the property. Example, is when an heir (son of deceased), has received an Order or decision of a Probate Court, naming him as... View More
When I moved in with my ex, she paid the first months rent and security deposit. We broke up and she moved out before our lease term was finished, and she was removed from the lease. It is now my current Fiance and I who are on the lease, but my Ex just contacted me saying that if I don’t pay her... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on May 6, 2024
Normally, when a tenant leaves with the consent of the landlord, the tenant is entitled to a refund of her security deposit, along with a statement and list of any itemized deductions, within thirty days of surrendering possession of the premises. Since she was removed from the lease and replaced... View More
A university or professor sues a student for posting a test onto a course sharing website for copyright infringement. During the proceeding, the professor or university wants to subpoena the identity of the poster and viewers of the test that poster posted; would this subpoena be granted? Would it... View More
![Michael I. Leonard Michael I. Leonard](http://justatic.com/profile-images/1674666-1714685390-sl.jpeg)
answered on May 4, 2024
In the context of a civil lawsuit, a Subpoena for the production of documents is only needed if the intended recipient of the Subpoena is NOT a party to the lawsuit. Otherwise, if the documents are being sought from a party to the case, then a Request for Production of Documents would instead be... View More
My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 1, 2024
If a company is using your unique name on their product, and it's causing significant problems for you, there are several steps you can take. First, consider reaching out to the company directly to express your concerns and the specific issues their use of your name is causing. A respectful... View More
My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.
![Sean Goodwin Sean Goodwin](http://justatic.com/profile-images/1673880-1707757760-sl.jpeg)
answered on Apr 30, 2024
Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More
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](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
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
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