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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Texas on
Q: Need help press charges on a member of law enforcement and a member of Floresville City Council .

Law enforcement refused to let me press charges and lied to me by saying I would have to take it to the Texas Rangers

John Michael Frick
John Michael Frick
answered on Dec 9, 2024

The Public Integrity Unit of the Texas Rangers is the correct agency for reports concerning an allegation that a member of law enforcement or elected official has committed a crime if the internal affairs division of local law enforcement declines to take action. In the criminal conduct violates... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for Texas on
Q: Is a homeowner responsible for extra material cost if the contractor under estimated the materials required to finish?

I received quotes for a new roof and to have the attic insulated. The contractor first did a detailed survey of the roof and how the house was constructed. When it was time for the contractor to look at the insulation job, I showed the contractor the attic location for largest section of attic. (I... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

First, it depends on whether your contract was a cost-plus or a fixed-price contract. If it was a cost-plus contract, then you are clearly responsible for the additional materials cost.

If it was a fixed-price contract, it depends on the scope of work contained in the contract. If the...
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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Texas on
Q: Write a subpoena to produce documents. Store location is in a Texas County but corporate headquarters in another state.

* Subpoena Local Store Operating in Texas for Documents; However, Corporate Headquarters is in Another State

I need to subpeona a store to produce documents in a proceeding in Texas. The local store is operating in Dallas County, Texas; However, the corporate headquarters is located in... View More

John Michael Frick
John Michael Frick
answered on Dec 3, 2024

If a corporation is operating a store in Texas, it is required to obtain a certificate of authority from the Texas Secretary of State and to have and maintain a registered agent for service of process in Texas. If it fails to do so, then the Texas Secretary of State is an agent for service of... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Texas on
Q: I won a tow hearing and won the appeal. Can I sue for time missed working and stress/ medical.
John Michael Frick
John Michael Frick
answered on Nov 21, 2024

Ordinarily, mental anguish damages are not recoverable for temporarily being deprived of the use of personal property like a motor vehicle.

It would be very difficult to prove that the temporary deprivation of your motor vehicle was a proximate cause of missed time from work unless you can...
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1 Answer | Asked in Estate Planning and Civil Litigation for Texas on
Q: In Texas are Individual retirement accounts (IRA)s and Roth IRAs protected against lawsuit judgements?

I am a retired educator and want to transfer my 403b to an IRA, but I am also considering opening up an Airbnb.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Nov 14, 2024

Yes both a traditional IRA and Roth IRA are exempt from creditors claims. You can see the Texas Property code section 42.0021 which covers both qualified tax deferred plans and subsection (a)(5) specifically names Roth IRA’s as an included plan. There are a variety of savings plans covered in Texas.

1 Answer | Asked in Civil Litigation for Texas on
Q: What is the best way to address a Small Claims Debt Citation?
John Michael Frick
John Michael Frick
answered on Nov 11, 2024

If you owe the debt, the best way to address it is to pay the debt.

If you paid the debt, or a portion of the debt, the best way to address it is by filing an answer specifically listing each payment you made by date, amount, and method of payment, and then appearing at trial with proof of...
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Q: I need help with an arbitration hearing i have no clue on what is needed nor required nor steps of processes or laws

missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas

John Michael Frick
John Michael Frick
answered on Nov 5, 2024

An arbitration proceeding is very much like a trial. If you have no clue on what is needed, it is extremely important that you hire a competent attorney with experience in arbitration proceedings to represent you to present your evidence, witnesses, and arguments in a persuasive manner and in... View More

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Q: I need help with an arbitration hearing i have no clue on what is needed nor required nor steps of processes or laws

missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

For arbitrations hosted by large entities such as the American Arbitration Association, your matter is probably assigned an Arbitrator and a Case Administrator. The Case Administrator may be able to provide you with guidance regarding location of hearing, scheduling/adjournments, format for... View More

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1 Answer | Asked in Appeals / Appellate Law, Adoption, Child Custody and Civil Litigation for Texas on
Q: I asked to appeal the trial courts order and my lawyer said no what do I do?

He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2024

Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More

1 Answer | Asked in Family Law, Civil Litigation and Legal Malpractice for Texas on
Q: Do procedures even matter?

I have noted about 20 different violations by DFPS according to the Texas family code but nobody will do anything. I proved multiple times the investigator lied on the affidavits. I even have another CPI confirming he lied on it. Nobody will do anything. It's like they're all working... View More

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Yes procedures matter. But the remedy for every procedural violation is not "you win." If a document is incomplete, the remedy may well be that you can require them to complete the document. If an investigator lies, you can present evidence of that lie, and that will likely undermine... View More

1 Answer | Asked in Civil Litigation, Contracts and Energy, Oil and Gas for Texas on
Q: I purchased solar panels through Pink Energy aka Power Home solar in October 2021. I financed the panels and Generac

battery through Good leap for 44K. I have since filed a complaint with the BBB and called to resolve this issue on non working Solar panels with Good leap. My account has been placed in forebearance. I need help with this issue.

John Michael Frick
John Michael Frick
answered on Oct 8, 2024

Good Leap is a finance company. Typically, finance companies do not handle repairs to products like solar panels or automobiles. Think of your solar panels like they are your car. If your car isn't working, you go to the dealership that sold you the car for warranty repairs, not to the bank... View More

1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments can they over charge me?

my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments

the initial amount owed did not exceed the 1000 USD but the collection agency plans on charge me over 6K

even after I went and explain the situation to the board regarding the... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

The short answer is yes. An HOA is usually entitled to recover "reasonable and necessary" attorney fees to collect unpaid dues payments. The amount of attorney fees that is "reasonable and necessary" depends upon the amount of time involved. This amount often exceeds the... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Neighbor broke my car window with a can thrown from within his apartment. What is my recourse?

My neighbor in the rental complex (Austin Texas) was in his apartment and began to throw things out the window. One of the cans hit and broke my windshield. There are witnesses and I am filing a police report, although it is 12 hours later. Will his apartment rental insurance or his auto... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

He is probably liable for his own negligence. His automobile policy likely doesn't it. His renter's insurance may or may not cover it depending on the language of the policy and the particular facts. Your own automobile policy almost certainly covers it under either comprehensive or... View More

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Texas on
Q: How do I have my name removed from an apartment lease, if the lease is up?

I have a lease that was signed in April of 2022. In June of 2022, I left the home in Texas and moved back to Colorado. My ex stayed. Last year, the lease was sent to both myself and my ex-I requested at that time my name was removed from the lease. Someone signed my name digitally. Fast forward to... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

My recommendation is to terminate the lease in accordance with the terms of the lease. Usually, this requires written notice to the landlord in advance of the end of the lease term (usually 30, but sometimes 60 days before the end of the lease term. I would include in your written notice a... View More

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2 Answers | Asked in Civil Litigation and Civil Rights for Texas on
Q: I purchased a 2007 truck from a relative in 2021 for 9000 dollars. It is now 2024 and he claims that I owe him $2000.

He said the truck was worth 11000, but at the time of purchase he agreed to the sale price of $9000. He cashed the check for this amount.

John Michael Frick
John Michael Frick
answered on Aug 19, 2024

Texas has a four-year statute of limitations on a suit for collection of a debt, so it is likely too late for him to even pursue such a claim at this time.

I note that the purchase of a motor vehicle is a relatively simply transaction that most people can handle without an attorney. You...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: I need interpretation of Estate Code 351.054. As an Executor to the Estate can I file a law suit for damages without Att
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

An executor of an estate can file a lawsuit pursuant to section 351.054 of the Texas Estates Code without an attorney. An executor owes fiduciary duties to the beneficiaries of the estate. So it is very important that the executor handle any such lawsuit with the same degree of skill as an... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: Do i have a case if i was traveling by bus and use the womens RR and find the toilets with stool in them

I found tissue and plumbing stopped up but housekeeping never cleaned up and i had to use the restroom in that condition which is hazardous to my health for i have a pre existing medical condition

John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Probably not. You would need expert medical testimony proving that the condition of the toilet proximately caused some sort of compensable damages, for example by requiring new additional medical treatment because it aggravated your pre-existing medical condition.

1 Answer | Asked in Small Claims and Civil Litigation for Texas on
Q: My husband’s bestfriend borrowed $200 from my husband & now she refuses to pay us back. We have a 5 month old baby too.

I was visiting her place for a few weeks and she needed $200 from my husband for “groceries in the house” to insure comfortability for me. She verbally promised my husband on my cellphone device that she would pay him back when she gets paid while on FaceTime. She got paid July 30th and did not... View More

John Michael Frick
John Michael Frick
answered on Aug 13, 2024

You can file suit to collect the debt against the friend in justice of the peace court in the county and precinct where the friend lives here in Texas. Our justice of the peace courts have jurisdiction over small cases where the amount in controversy is $20,000 or less. You do not need an... View More

1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: Storage facility not wanted to pay insurance claim

My storage building caught on fire I was behind on my payment I called for a payment arrangement they gave me til the first mean time my storage building caught on fire and the storage facility refuses to pay my claim statrng I didn't have coverage at time . Amarillo Texas

John Michael Frick
John Michael Frick
answered on Aug 8, 2024

Generally SELF-storage companies are not liable for any loss or damage to property stored by their customers in the customer's self-storage units simply by virtue of the relationship. A self-storage company can be liable if the customer can prove the company either intentionally or... View More

1 Answer | Asked in Contracts, Civil Litigation and Employment Law for Texas on
Q: Can an employer force an employee to sign a document that gives the employer the right to not pay any commission due?

I am a sales rep and my employer is requiring us to sign a paper stating that any commissions earned from prior month will not be paid out if employee quits or gets fired for any reason the proceeding month. It is my opinion that any sales made in prior month where the company made money the... View More

John Michael Frick
John Michael Frick
answered on Jul 29, 2024

No an employer cannot force an employee to sign such a document. However, if the employment relationship is at-will, there is no legal obligation on either party to continue the employment relationship if an agreement on this point is not reached.

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