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Texas Civil Litigation Questions & Answers
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

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.

1 Answer | 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.

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Filing a partition suit in Burnet Texas? X husband and I own a house in Burnet County. X husband is getting all rent

He won’t pay me the 50 percent of property we bought ten years ago. Any suggestions? I was told to file a “partition suit “ my email: bstommel@icloud.com

John Cucci Jr.
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answered on May 21, 2024

Your question says nothing about whether or not, you are getting divorced.

If no, then you have a problem.

If yes, or you already are divorced, then you can sue for your 50%, and an accounting, for immediate relief, and ask for partition or sale of the property, and split the...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for Texas on
Q: Can I switch Jurisdiction to my County now, same State, at the time but now she moved out of State? (been a year)

Filed for visitation in my County but it got transferred to her County. During the process she moved out of State for no reason at all. I want my County to have Jurisdiction now. She has residence in the other state now.

John Michael Frick
John Michael Frick
answered on May 20, 2024

Jurisdiction and venue are established at the time a lawsuit is filed. The only way to make a change after a lawsuit has been filed is to dismiss the pending lawsuit and refile a new lawsuit in a court with jurisdiction and venue. In most "visitation" matters, the state and county with... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Texas on
Q: I need help filing a lawsuit against Texas border town sheriffs department, prison system, Del Rio police department

I’m being charged with smuggling of people when I drove a friend to eagle pass to pick up what I thought was his nephew. There was never talk of money to be exchanged or anything . A sheriff in a truck out of the blue and tail my car with his bright lights on never the police lights. My gps... View More

James L. Arrasmith
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answered on May 19, 2024

It sounds like you’ve experienced a troubling and complex situation with multiple law enforcement agencies. To pursue a lawsuit, it's important to gather all evidence and documentation related to the incident, including any police reports, witness statements, and any communication records.... View More

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: What type of Lawyer do I need to sue someone who has taken property that does not belong to them in Texas?

I'll keep this short as possible. Divorced a woman that I did not have children with but I had my own children. During the course of the divorce, she was granted sole exclusive use of the house and I was not. During that time her and her family liquidated my adult children's assets (who... View More

John Michael Frick
John Michael Frick
answered on May 16, 2024

Because your children are adults, they will need to hire an attorney, not you. An attorney with experience in civil litigation in or near the county where the property was taken ought to be able to file a lawsuit for conversion and under the Texas Theft Liability Act. Because of the nature of the... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: Writ of possession/probate

How does writ of possession pertain to probate no landlord tenant

James L. Arrasmith
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answered on Jun 3, 2024

A writ of possession is a court order granting the right to take possession of a property. In the context of probate, it typically comes into play when dealing with the estate of a deceased person. If an executor or administrator needs to take control of property that is part of the estate, but... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: Writ of possession/probate

How does writ of possession pertain to probate no landlord tenant

John Cucci Jr.
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answered on May 15, 2024

A Writ of Possession is where the Court instructs the Sheriff to give possession of a property or apartment to someone, who has a newly granted legal right to possession of the property. Example, is when an heir (son of deceased), has received an Order or decision of a Probate Court, naming him as... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Small Claims and Landlord - Tenant for Texas on
Q: Is this Blackmail/Extortion? Or do I need to pay?

When I moved in with my ex, she paid the first months rent and security deposit. We broke up and she moved out before our lease term was finished, and she was removed from the lease. It is now my current Fiance and I who are on the lease, but my Ex just contacted me saying that if I don’t pay her... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

Normally, when a tenant leaves with the consent of the landlord, the tenant is entitled to a refund of her security deposit, along with a statement and list of any itemized deductions, within thirty days of surrendering possession of the premises. Since she was removed from the lease and replaced... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: Hi there,I was wondering if somehody could determine the likely outcome for this scenario.

A university or professor sues a student for posting a test onto a course sharing website for copyright infringement. During the proceeding, the professor or university wants to subpoena the identity of the poster and viewers of the test that poster posted; would this subpoena be granted? Would it... View More

Michael I. Leonard
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answered on May 4, 2024

In the context of a civil lawsuit, a Subpoena for the production of documents is only needed if the intended recipient of the Subpoena is NOT a party to the lawsuit. Otherwise, if the documents are being sought from a party to the case, then a Request for Production of Documents would instead be... View More

2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

James L. Arrasmith
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answered on May 1, 2024

If a company is using your unique name on their product, and it's causing significant problems for you, there are several steps you can take. First, consider reaching out to the company directly to express your concerns and the specific issues their use of your name is causing. A respectful... View More

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2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

Sean Goodwin
Sean Goodwin
answered on Apr 30, 2024

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: Should I file a motion to deny the continuance request filed by the Debt collector suing me due to false information?

Court is set for May 10 at the Justice of Peace precinct in my county. The copy of the continuance request I received states it is due to them not receiving an answer to the summons and wanting to prepare paperwork for a default judgement instead. They requested it be set back 60 days but I did... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You should file a Response to the Motion for Continuance stating that you did properly file your answer with the justice of the peace court and attach a file-marked copy of your answer as an exhibit to your Response. Unless there are other factors at play, I would state that you are ready to... View More

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