Looking to see if my verbal agreement with someone is binding in Texas. She is saying it is no longer valid because we have had a fight and are no longer really speaking to each other. Is there something that I can read into and possibly reference in court?
answered on Jun 4, 2023
Unless there is a statute or common law rule requiring a writing, oral agreements are just as valid and enforceable as written agreements. This is a fundamental principle of contract law which is not dependent on the existence of any specific statute.
Of course, you still have to prove all... Read more »
maximum amount of economic damages I can sue for? In my demand letter can I ask for double the cost of the truck back or in my suit if it goes to court? I am prepared to send my demand letter today, I am just unsure of all the damages I can ask to recover. I am doing this without an attorney so I... Read more »
answered on May 5, 2023
You can ask for whatever amount you like. Awards of damages for mental anguish vary depending upon the facts and circumstances presented by the evidence to the jury.
A decent rule of thumb for settlement purposes is no more than 1.5x the amount of your medical expenses for whatever bodily... Read more »
When the Respondent in an Original Petition for Divorce files a Motion for TRO, TI and TO into the case,
is the Respondent now the considered the Petitioner in the Motion?
Is the general rule that the person who brings the Motion for anything considered the Petitioner?
My... Read more »
answered on May 5, 2023
The party who files a motion is commonly called the Movant.
The party responding to the motion is commonly called the Respondent; but, if the motion is a motion for summary judgment, the party against whom the motion is filed is called the non-movant (a summary judgment cannot be granted by... Read more »
The Affirmative defenses until 2 weeks after it was filed
answered on Apr 19, 2023
If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.
Almost always, the discovery period will... Read more »
Halen is the wills name my grandmother left me this. In the will that was probated in 72 it says my estate will be left to (myname) as i was the only child when she died. in the estate it includes around 45k acres of land 5-15 million dollars and in 89 my father was my estate guardian and got... Read more »
answered on Apr 8, 2023
The settlor of the trust (in this case, your grandmother) chose the trustee and any substitute trustees in the event her first choice (presumably your father) does or is removed for cause. From your question, it sounds like your sister was the first substitute trustee selected by your grandmother.... Read more »
answered on Apr 7, 2023
That is up to you. Unless your agreement with your former attorney requires presuit notice, mediation, or arbitration, there is no legal requirement to give prior notice.
In my experience, presenting your claim prior to filing suit in detail and offering to mediate before filing can help... Read more »
We have court order for child. Out of money but the opposite lawyer now wants jury trial. He stated he was pro bono in front of judge ,so why do we have to pay for an already won case and court order because they didn’t like the outcome or the judges final decision .
answered on Mar 20, 2023
A party who timely requests a jury trial is entitled to one. A timely request must be made before your final trial.
You say you have won custody, so there must have been a final trial.
I’m going to guess that when you say you won custody, what really happened is you were awarded... Read more »
back ground check. I drove 100 miles each day for 2 weeks. Also they made me file for an LLC which was $150 and go on ride alongs with other salesman and I spent over $200 in gas. They owe me around $1500 and will not pay because I failed the background check. I believe since they put me through... Read more »
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answered on Mar 11, 2023
If the company hired you as an at-will employee, they may terminate your employment at any time for any reason, including the results of a background check. However, if they promised to pay you for your training and expenses, they may be legally obligated to do so.
You should review any... Read more »
back ground check. I drove 100 miles each day for 2 weeks. Also they made me file for an LLC which was $150 and go on ride alongs with other salesman and I spent over $200 in gas. They owe me around $1500 and will not pay because I failed the background check. I believe since they put me through... Read more »
answered on Mar 7, 2023
It depends on the terms of your employment agreement and the reason you failed its background check.
If your employment offer was not conditioned on you successfully passing their background check and a background check is not required by some law or regulation governing your occupation,... Read more »
My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... Read more »
answered on Feb 26, 2023
The reality is that determining what technically is known as “legal liability” for injuries you sustained while riding in a Lyft carshare can be complicated. With that said, the information that you received there is “nobody you can go after” if you have sustained injuries caused by someone... Read more »
My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... Read more »
answered on Feb 24, 2023
The driver who slammed into your Lyft is likely ultimately responsible under the facts you describe.
As the provider of a computer app, Lyft is unlikely to have any responsibility.
Unless your Lyft driver is also partly responsible for the collision, that driver is likely not... Read more »
In order to reduce cell phone charges by having 5 or more devices on one bill. 20 months later we find out that he has been monitoring all of our calls, text messages, and tracking our daily movements. Is this legal? Is he responsible for our reasonable expectation of privacy that has been... Read more »
answered on Feb 23, 2023
It depends.
A cell phone account holder commonly has access to information concerning the usage of the cell phones on that account. That enables the account holder to monitor each device’s usage for unauthorized activity.
Smart devices can share their location with others... Read more »
my daughter who was going to lunch was running a few mins late to get to the cafeteria because she was helping another student and when she got to the cafeteria the girls had already been called to the line and when she went to get her food, she was denied lunch stating girls and boys could not... Read more »
answered on Feb 21, 2023
A Texas attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to law firms to discuss. However, before you start spending money for a legal investigation, maybe you could contact the school administration to figure out what happened here.... Read more »
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 »
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... Read more »
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 »
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.... Read more »
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 »
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 »
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... Read more »
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?
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.
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 »
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 »
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... Read more »
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