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Texas Civil Litigation Questions & Answers
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.

1 Answer | Asked in Civil Litigation for Texas on
Q: Can property be sued in Texas without suing the owner?

I've been told that my property is being sued for taxes, but that I am not being sued so I don't have a defense (I don't actually owe taxes). It also appears in a related subject that when enforcing a mechanics lien that I can get a judgment against an owner of property or the... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2024

No property cannot be sued. Only people can be sued. A taxing authority can sue everyone with an interest in real property seeking to foreclose on the real property subject to the unpaid taxes but without seeking a monetary judgment against those people. Those defendants may not personally owe... View More

1 Answer | Asked in Personal Injury, Wrongful Death, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: Can I sue a county jail for negligence in Texas?

The jail was cited 30 days later for leaving 3 doors unsecured which resulted in my son obtaining a jailer’s personal keys and escaping, led police on a chase and ended with police shooting my son in the back and killing him.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

Yes, you can sue a county jail in Texas for negligence, but probably not successfully on the facts you describe. Your son's escape and subsequent confrontation with police was most likely the proximate cause of his death and not the negligence of leaving the doors unsecured. Your son's... View More

1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: If I bought bike cash without bill of sale and have title already transferred to me and person is trying to be shady

And saying I didn’t give him money what will happen

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

You will have to prove you paid him in cash.

It will be helpful if you have a bank statement showing that you withdrew cash from your account on or about the day of the title transfer and if you can obtain the seller's bank statement showing a deposit in the same amount shortly...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: CAN I SUE TEXAS FOR VIOLATIONG MY DUE RIGHT'S PROCESS TAKING ME TO TRAIL AND REFUSING ME A LAWYER?

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
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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

2 Answers | Asked in Personal Injury, Civil Litigation, Wrongful Death and Criminal Law for Texas on
Q: Can I sue a jail if 3 doors were left unsecured and my son escaped?

The jail was sited with a non compliance 28 days after this incident. My son hijacked a car, led police on a 107 mile chase that ended with police shooting my son in the back. He died later that day.

Gary K. Burger Jr
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answered on Jul 22, 2024

I'm sorry for you loss. It sounds like a very painful way to lose a loved one.

There is likely an issue of sovereign immunity in this case, as it involves a government agency. This exempts agencies and their employees from being held responsible, though there are exceptions such as if...
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1 Answer | Asked in Personal Injury, Civil Litigation, Libel & Slander and Legal Malpractice for Texas on
Q: What can I do about my former/fired attorney sending a letter claiming false accusations about me to current attorney?

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
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...
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1 Answer | Asked in Employment Discrimination and Civil Litigation for Texas on
Q: If a person is deposed, does he/she legally have testify in a deposition?
John Michael Frick
John Michael Frick
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.

2 Answers | Asked in Family Law, Domestic Violence, Civil Litigation and Civil Rights for Texas on
Q: What can I do to protect myself, my pets and my belongings from an angry vindictive boyfriend that I live with?

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
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...
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1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: My trailer is parked in a friends driveway when l went to pick it up he wants to charge me can he do that?
John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Civil Litigation, Divorce, Family Law and Elder Law for Texas on
Q: Are there any rules that prevent a husband from financially and emotionally abandoning his own wife? Selling assets.

Is there any legal defense a spouse would have against this tyranny?

John Michael Frick
John Michael Frick
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

2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: I am looking for an attorney willing to sue local police department for malfeasance

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
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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

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: I went to court May 20th 2024 and the case is for judgment of possession the plantiff is briarwood apartments and I am

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
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

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Texas on
Q: Ok my grandmother passed away in 2015 and there was a joint wheel that was put in place in 1973 can my aunt over power i

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
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.

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