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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Yes, there are more conditions and the judge has more latitude to decide not to grant the petition. If a person files the proper documents, and the change benefits the person and the public, then the court "shall" grant a name change. However, if the person is a convicted felon, the... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Small Claims for Texas on
Q: I had my car illegally towed from apartment. What can I do?

Apt did not use contracted towing company as what’s listed in my contract and outside buildings. They will not tell me a reason my car was towed. Who ever took my car did not leave any information on where my car was taken to. They did not register my car as towed, so it has been stolen. I made a... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 9, 2021

Hello, thanks for your question!

Sorry to hear about that! In regards to the fees that you are being charged, on the invoices you are receiving, there should be a phone or email address that you can reach out to figure out what's going on.

I'm a little confused - how do...
Read more »

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: Do I have right to say no for my wife kid from the previous marriage?

The kid was 16 yes old and we never get along so we both know that is not the best option.

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

A: Yes you have a right to say no. She has a right to say “screw you” excuse my language. And both of you have a right to file for divorce. This isn’t a legal issue, it’s a marital issue. You have a right to agree or oppose to anything you want during the marriage

2 Answers | Asked in Civil Litigation, Divorce and Family Law for Texas on
Q: How do I prove I am common law married in texas? The narcissist partner says they aren't as it doesn't serve need

had bank acct now closed. Current truck together, opened business with a partner while wife financially supported. Purchased motorcycle in his name and she paid payments and insurance, she or his mother paid storage intro as husband and wife. Received packages with spouse last name(packages not... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

It comes down to whether or not you held yourself out to public as husband and wife. To determine that, a divorce would have to be filed, the other party can contest it, and the judge would take into consideration a variety of factors (joint accounts, joint ownership of property, joint tax returns,... Read more »

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1 Answer | Asked in Criminal Law and Civil Litigation for Texas on
Q: If we purchased a stolen vehicle unknowingly, before making the purchase we contacted the sheriffs office with the VIN

And they told us at the time it was not stolen, however the following day we noticed the title given to us was a fake, we contacted local authorities and it ended up being stolen. Can we sue the county sheriff’s office for providing fake info?

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 29, 2021

A lawsuit like this is always a matter of civil law, even when the police department or sheriff's office is involved. Find a civil attorney who has experience suing the government.

1 Answer | Asked in Civil Litigation for Texas on
Q: A MSJ was filed, the opposite responded to it but his exhibit were dropped cuz not in his name so what is the next step?

My former attorney filed a motion for summary judgment before withdrawing to finish it but the opposing party responded by submitting exhibits but they were not in his name so it was dropped. He never answered the admission or anything, he has nothing on why he sued me. So how do I respond. With... Read more »

Teri A. Walter
Teri A. Walter answered on Mar 23, 2021

Unfortunately, there is no way to know the next action that may be required without reviewing all the pleadings. If the Motion for Summary Judgment was filed, and a response filed, was there a hearing? What was the ruling? What fact issues were raised in the response, and can they be resolved?... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Gaming for Texas on
Q: Candy crush

I was playing words with Friends and an ad popped up for Candy crush and it was constant screaming! I am deaf in one ear and when I hear loud sharp noises it makes my ears ring and hurts really bad. I couldn't mute it or x out of it it gave me severe anxiety at 6:00 in the morning, I filed a... Read more »

Teri A. Walter
Teri A. Walter answered on Mar 23, 2021

My best suggestions would be: 1) Stop playing apps that have annoying adds, or 2) pay for the app so you don't have to see the ad.

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: I have a tenant that's been missing for 5 months no lease month to month prior to that he was 4 months behind in rent
Teri A. Walter
Teri A. Walter answered on Mar 18, 2021

Presumably you want to evict? Start by sending a 30 day notice terminating the lease, and then file the eviction. Otherwise you'll have to deal with the CDC order providing protections to tenants who are being evicted for non-payment of rent.

1 Answer | Asked in Civil Litigation for Texas on
Q: I want to sue Dorman LLC in OK small claims court, but absolutely none of their employees will give me their (continued)

(Continuance) legal dept's address or any contact information. How do I get that information? Thanks, Ken

Teri A. Walter
Teri A. Walter answered on Mar 10, 2021

Contact the secretary of state for the state in which the company is formed, or is operating for the registered agent and registered office. There's no need to look for the legal department, as the registered agent is the one you need to serve with the suit. It's not clear to me whether... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: Does a poa from the custodial parent to the non, supersede the court order? She can’t provide but still wants them back.

My ex wife signed over a poa to my current wife with no expiration date. My ex wife is going through an emotional break down and wants the kids back even though she is currently moving from hotel to hotel

Rick  Davis
Rick Davis answered on Mar 8, 2021

To the extent that the Power of Attorney conflicts with a Court Order, the Court Order controls.

1 Answer | Asked in Civil Litigation for Texas on
Q: What is the general purpose for transferring a matter from a small claims court docket to another docket ?
Teri A. Walter
Teri A. Walter answered on Mar 4, 2021

The answer depends on why the case is being transferred. For example, it might be transferred to another judge for a variety of reasons. It could be transferred to another docket if it were put on the small claims docket in error. It might be a scheduling issue.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Identity Theft for Texas on
Q: Who can I sue and how do I go about it?

A guy I know opened a joint account on an apartment in his and my name, I never lived in the apartment and never gave permission for my name to be used.

Tim Akpinar
Tim Akpinar answered on Feb 25, 2021

A Texas attorney could advise best, but your post remains open for three weeks. If you consulted with attorneys who handle civil litigation, they should be able to advise. They could also identify necessary measures to be taken, such as notifying banks and other financial institutions. Good luck... Read more »

1 Answer | Asked in Civil Litigation and Animal / Dog Law for Texas on
Q: I want to get my cat back but the person blocked me number in Facebook. I have their information but I need answer

I had a cat named Harley and I gave it away a couple nights ago but I want my cat back. They blocked me from Facebook and my number. I have their information but I just need to know what can I do to get my cat back I will pay money for someone to get it legally back to me.

Teri A. Walter
Teri A. Walter answered on Feb 23, 2021

Gifts are permanent. If you "gave" the cat to someone, you probably can't get it back. Circumstances may or may not support a different answer.

1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: Misdemeanor information charging document was filed with incorrect name of assistant district attorney

There were opposing cases, one case where I was a crime victim and as revenge for filing the charge, the defendant claimed I stole property from them. The case docs where I was the victim, werwre all signed by ADA with correct name (same as state bar has) But the same prosecutor filed the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 8, 2021

1. The alleged victim is not a party to a criminal case so there is no conflict of interest if the same ADA prosecuted both of you.

2. Ensure that the ADA did not actually get a new name. For example, did they get married or divorced?

3. Consult a civil attorney about the...
Read more »

1 Answer | Asked in Civil Litigation for Texas on
Q: How long does petitioner have to serve respondent in small claims and limited civil cases in KS and TX? Also, does Texa

Also, does Texas have limited civil? What is the fee for this type of case?

Haven't found information online at the county courts site as of yet.

Teri A. Walter
Teri A. Walter answered on Feb 2, 2021

I think you're talking about a small claims case (Texas does not have a category called "limited civil." Small Claims cases are filed in the Justice of the Peace court, for the area where the defendant lives, or where the contract was performed. The jurisdictional limit is now... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: Can you be arrested for being on your phone on your property and charged with interference with public duties?

Thank you

Teri A. Walter
Teri A. Walter answered on Jan 29, 2021

Can you be arrested? Apparently so. I think what you really mean to ask is whether they can make the charges stick. I'm changing the category to criminal law. Call a criminal defense lawyer immediately and stop posting anything at all about this incident on the internet.

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Civil Litigation for Texas on
Q: What steps to take when have a charging order signed by the judge the day before it was e-filed by plaintiffs attorney?

The creditor is also the Limited Partnership General partner and is covered under LLC that is not mentioned nor that the same person controls.each of these companies.

Teri A. Walter
Teri A. Walter answered on Jan 26, 2021

Sorry, without more details it's impossible to say what actions might be necessary or appropriate. If you're in litigation, you will need an attorney to represent your interests. They can review the order and status of the case and take the appropriate action if the order should not... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it wrong for detective s to drop a investigation just because they don't believe you,I didn't see my asailnt,

I was shot point blank in

the stomach as I was closeing my door.didnt see who shot me,I had cameras on all 4 corners of my house recording,they repeatedly asked who did it I honestly said I don't know an in pain I screamed out i shot my self so paramedics would take me,they yelled... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 13, 2021

You could ask law enforcement to continue the investigation, but you should reconsider confessing to a criminal offense on a public website.

Texas Penal Code Sec. 37.08. FALSE REPORT TO PEACE OFFICER [...] (a) A person commits an offense if, with intent to deceive, he knowingly makes a...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Texas on
Q: Can I sue a deceased person in small claims court if the probate has just been initiated?

The deceased person never fulfilled their obligation, and we signed a contract. She was the sole owner of the business and the probate process has just been initiated by her husband. The administrator has been assigned yet either. Could I still sue her business and her estate in small claims court?

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

The short answer is no - because there's no one alive to sue, and until someone is appointed to represent her estate, there is no one with authority to act for her. Once some one is appointed as executor or administrator, you can make a claim against the estate, and sue the executor or... Read more »

1 Answer | Asked in Civil Litigation for Texas on
Q: Does the below section mean the Defendants county or the plaintiff's county?

Sec. 15.094. CORPORATION; ASSOCIATION; JOINT-STOCK COMPANY. A suit against a private corporation, association, or joint-stock company may be brought in the county and precinct in which:

(1) all or part of the cause of action arose;

(2) the corporation, association, or company... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Unless there is a contractual provision otherwise, you need to sue the Defendant where they are, or where all or part of the cause of action arose.

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