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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Texas on
Q: Can I drop my civil counterclaim?

There was a partial summary judgement hearing today and it was granted against us (defendants). Their lawyer stated they wanted exemplary damages, no lawyer fees and that our counterclaim was still set for the November 1 st.

Can I just drop my counterclaim, I want to be done with this... Read more »

John Michael Frick
John Michael Frick
answered on Sep 29, 2022

In you feel that your counterclaim is not meritorious or that trying to pursue your counterclaim might cause a higher award of exemplary damages, it may be tactically wise to non-suit your counterclaim.

Be aware that non-suiting your counterclaim will not automatically deprive the plaintiff...
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1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: first time being sued what do i need to look for and what if i cant afford one upfront

being sued for 100k and im in debt and barely getting back on my feet while trying to survive while. its my first time im being sued , what kind of lawyers do i look for and im pretty poor and i see lawyers are like 300 or more an hour. i feel like im drowning but need to know what to do

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

You should look for a civil trial lawyer a/k/a litigator with experience defending debt collection cases like yours who practice in or near the county where you have been sued. The Texas Board of Legal Specialization certifies lawyers in civil trial law, in personal injury, and in consumer and... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for Texas on
Q: Is 8 yrs a bit much for a civil suit to carry on with a pharmaceutical company & little communication with the lawyer?

I am not even aware if he put me on my own suit or lumped me into a class action. Only communication ever is me emailing a inquiry once a year to them and usually the same reply. Waiting for negotiation. How many years does this take and shouldn't I hear about this from the attorney? Be... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2022

A Texas attorney could advise best, but your question remains open for a week. These cases could take longer than other types of injury cases, such as less complex car accident cases. An individual case could become one of hundreds in ongoing multidistrict litigation. Cases could be reassigned from... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: I have a business. I need to file a TRO, as soon as possible. I need the steps to self-file, possibly ex-parte.
John Michael Frick
John Michael Frick
answered on Sep 7, 2022

It is highly recommended that you not attempt to represent yourself in such a proceeding. Depending on whether your business is a sole proprietorship, limited liability company, or corporation, you may not be able to legally represent your business in a Texas court.

I'm sure you...
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1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: Is this double jeopardy?

If a plea deal from a criminal assault case was accepted and done, can the Plaintiff sue in civil district court for exemplary damages or this double jeopardy? Count one is assault (family violence) count two is intentional infliction of emotional distress. This case was filed before the plea deal... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

No. The disposition of a criminal case does not affect the right of the victim to sue for civil damages in a separate civil lawsuit. Double jeopardy only prevents a person from being prosecuted twice for the same crime.

Exemplary damages can be recovered for a tort like assault if the...
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1 Answer | Asked in Civil Litigation, Real Estate Law and Energy, Oil and Gas for Texas on
Q: How hard is it to prove you are the rightful owner of mineral estate when someone else has been receiving lease bonuses

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »

Aimee Hess
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Aimee Hess
answered on Sep 7, 2022

Whether the process is simple or more challenging depends on the state of your mineral title. If you have a deed for these minerals it may be a matter of sending a copy of the deed to the oil company with a certified letter and requesting that they correct the error. Keep in mind that the landman... Read more »

1 Answer | Asked in Civil Litigation and Health Care Law for Texas on
Q: I have a medical bill that is over 12 years old that is from when my parents passed. Never agreed to make payments.
John Michael Frick
John Michael Frick
answered on Sep 6, 2022

In the absence of an agreement, a child is not personally responsible for a parent's debt. In the absence of the acknowledgment of the validity of a debt, the statute of limitations to collect a debt in Texas is four years.

2 Answers | Asked in Civil Litigation, Family Law and Probate for Texas on
Q: Common law marriage 7 years. Male spouse passed. Left no will. Only son of husband evicting wife. Selling off property

Husband been gone 2 weeks. What legal grounds are there. For inheritance of property. This will leave her homeless.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 3, 2022

"Wife" would have to prove that she was married to the deceased "husband". If she is successful, then she would entitled to inherit through intestate succession. If the home was purchased during the "marriage", then she could claim it as her homestead and continue to... Read more »

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2 Answers | Asked in Civil Litigation, Family Law and Probate for Texas on
Q: Common law marriage 7 years. Male spouse passed. Left no will. Only son of husband evicting wife. Selling off property

Husband been gone 2 weeks. What legal grounds are there. For inheritance of property. This will leave her homeless.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Sep 3, 2022

If she can prove marriage she has live estate in house and 1/2 if community property

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Small Claims for Texas on
Q: Hi! what kind of lawyer do I need? I loaned an individual/ LLC $26K, a notarized contract was signed.

The contract was signed last year 7/21. After the money was sent, the individual vanished. I tried several times to collect payment. The money was indented and written for the investment of an 18- wheeler truck. The contract also stated I could have rights to drive. At this time I'm not... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

You most likely need a debt collection attorney in the state where the LLC on the loan contract is located and where the individual resides.

1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Texas on
Q: In a pretrial(Not criminal law) before the jury trial. Can a judge give a verdict and not even let it go to jury trial?
Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Aug 20, 2022

Yes, this is called a directed verdict and means the case is so weak, that the judge takes it from the jury's hands. The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt... Read more »

1 Answer | Asked in Civil Litigation for Texas on
Q: Can a lease that has another states property codes be legal in texas
Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Aug 20, 2022

Yes, if the lease is subject to litigation in those target states.

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this Web site, in...
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1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: I haven't recieved a title or plates for a motorcycle I bought from a dealership and it has been almost 6 months

I bought a bike 6 months ago from a dealership and paid cash for it. I have been hassling the dealership about my title and plates, weekly for the past 6 months and keep getting the run around. I filed a complaint with the dmv and they completed an investigation and suggested I contact an attorney.... Read more »

Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You can sue them and maybe get your attorney's fees granted via the Texas deceptive trade practices act and breach of contract. This one is pretty straight forward. Let me know if I can help you, this one seems to be pretty egregious.

713-992-1104.

The information contained in...
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1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can judges and attorneys be held accountable?

Is it possible to pursue legal action on an attorney and judge for misconduct? The judge has already had disciplinary action With the board

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You can sue an attorney, yes. That is called malpractice.

Judges are exempt from suit because of how they ruled on your case. The best you can do is file a complaint with the Texas Judicial Board, but you need serious evidence. Merely ruling against you is insufficient. Your best way to...
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2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: in a pretrial of a contested will(family law) can it be dismiss?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 11, 2022

This is a better question for a Wills, Trust & Estate lawyer. Or an Estate Planning lawyer.

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1 Answer | Asked in Banking, Civil Litigation and Real Estate Law for Texas on
Q: I did not sign closing paperwork for a home loan but it is in my credit report.

The transaction was not pursued by the buyer or seller and cancelled. The mortgage loan is present on my credit report showing the balance as open. That can't be legal?

John Cucci Jr.
John Cucci Jr.
answered on Aug 9, 2022

You need to do an official dispute about the mortgage loan being on your credit report. It is important that you check all three (3) credit reporting companies. The same thing may be on all 3. Each agency has a web-based dispute center on their websites. You should follow-up next week to see if it... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: can Cops search you based of hearsay of stealing something?

At the bar, a couple saw my friends and I hanging around them before their phone was stolen but it was a crowded bar and they assume we stole their phone and told the cops who then asked to search me and my friends and we said no, but is that legal??? We did not take their phone but are they... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 25, 2022

They can ask to search you and if you consent they can search you. If they do not have pc they cant search you without your consent,

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1 Answer | Asked in Civil Litigation and Personal Injury for Texas on
Q: I’m looking for an out of State attorney who holds an Oklahoma license to review my case, comment on Intentional Tort a
Tim Akpinar
Tim Akpinar
answered on Jul 21, 2022

An Oklahoma attorney could probably respond best, but your post remains open for two weeks. Since the format here is only Q & A and not attorney-referral, you're going to need to reach out to attorneys on your own. The connection to Texas in your question isn't clear. If you want an... Read more »

1 Answer | Asked in Civil Litigation and Family Law for Texas on
Q: I just found out that my father died we had a joint title of a vehicle. Is the car now solely mine and how do I get it.

Found out my father died 1 1/2 months ago and is already buried. Half adopted brother handled his cremation services and never notified me. I and my father had a joint title where his name and my name are on the title. Received video proof that my adopted half-brother has taken possession of the... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 6, 2022

The car is not stolen so do not file a false police report. Take the title and keys and go pick up the car if you are on the title as a owner

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: I have a friend who needs legal representation for a insurance claim matter
Tim Akpinar
Tim Akpinar
answered on Jun 30, 2022

A Texas attorney could advise best, but your post remains open for two weeks. Attorneys here can't reach out to solicit your friend's matter. The format here is only question and answer, not attorney referral. But the closest thing here is the Find-a-Lawyer tab above. Your friend could... Read more »

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