Get free answers to your Civil Litigation legal questions from lawyers in your area.
I am a defendant in a case titled "State of Texas vs. [defendant]" regarding the issue of "animals not restrained," involving chickens eating grass in my front yard. On March 8th, 2024, I received a yellow card from Fort Worth code compliance/animal control, but it did not... View More 
answered on Apr 21, 2025
First, remember that in a criminal case, only the prosecutor can file a motion to dismiss. The defendant and his attorney cannot.
With that in mind, the answer to your question is the prosecutor could file a motion to dismiss on the ground that the code does not authorize the issuance of a... View More
I reported an issue with my washer and dryer unit being improperly installed behind a glass mirror closet in my apartment over a year ago. Initially, the apartment complex acknowledged the washer's placement caused damage but assured us we would not be charged. Despite emails that go... View More
answered on Apr 16, 2025
You should send written notification to the landlord or the landlord's representative with copies of the photos and videos. Check your lease to determine if it contains a provision specifying where and how written notice is to be sent. If your lease does not contain such a provision, send... View More
I borrowed $1100 in December 2024 under a verbal agreement that I had 6 months to repay the money, during which my car couldn't be taken. Despite this, the lender impersonated a hotel manager to have my car towed away prematurely on April 12, 2025, only 4 months into the agreement. I called... View More
answered on Apr 15, 2025
In the absence of a recorded lien against the motor vehicle as collateral securing repayment of the loan, the lender violated Texas law by taking possession of your motor vehicle. You should report the taking of your car to local police.
You also can file a lawsuit under the Texas Theft... View More
I purchased an auto warranty contract from Concord Auto Protect on November 22, 2023, which is set to expire on November 25, 2025. In 2023, I successfully used the warranty once. However, when attempting to use their services again in March 2025, both the service department and I made multiple... View More
answered on Apr 14, 2025
If you purchased the warranty in Texas and it does not contain either an arbitration clause or forum selection clause, you can sue the company here in Texas for breach of the warranty contract. Depending on what the lawsuit filed by the Pennsylvania AG alleges, there may even be a suit for a Texas... View More
In Texas, my sibling presented a notarized Power of Attorney, reportedly signed by our mother, who was under Medicaid and in poor health. This was done without involving other siblings or reaching an open, written agreement. Our mother had suffered a severe fall due to an incident with an American... View More
answered on Apr 14, 2025
To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More
I recently requested my medical records from my OBGYN of over 10 years. I was told I would receive them by mail, but they arrived in a damaged, open envelope because too many records were stuffed into a small paper envelope. The post office rewrapped them with a note about the poor packaging, but... View More
answered on Apr 14, 2025
I do not think it would be worthwhile for you to retain an attorney at this point. Mere worry and fear that your records may have been exposed while being sent through the US Postal Service would not be sufficient to support any award of monetary damages. You probably have done what can be done... View More
I am currently facing eviction threats from my elderly landlady, who has attempted to evict me three times over the phone. Additionally, her son came to the house indicating that they found someone else to buy the property due to irregular rent payments, despite having been here for four years. The... View More
answered on Apr 14, 2025
It appears you have a verbal month-to-month lease for an indefinite term. If that is true, then your landlady is required to give you 30-days advance WRITTEN notice to end the lease. She is not required to notify you of her intent or efforts to sell the house. Absent an agreement to the... View More
I am seeking legal assistance to gain custody of my deceased brother's ashes. I am his sister, and he verbally requested me to handle his funeral arrangements and made me the beneficiary of his life insurance for this purpose. There are no existing legal orders regarding the disposition of his... View More
answered on Apr 14, 2025
You need to negotiate with your brother's estranged wife. In the absence of a written designation signed by your deceased brother, his estranged spouse is entitled to his ashes.
In the absence of a written Will, your brother's children are entitled to a substantial portion of... View More
I am seeking legal advice after my house was raided by police who had a warrant. The incident began when my wife had a seizure at a store, and police were called. I was not present during this medical emergency. They found paraphernalia in our car, but neither my wife nor I were charged at that... View More
answered on Apr 11, 2025
I would challenge that warrant. I believe that the paraphernalia in your car is way too tenuous, to get a good warrant. If you were charged, you have the right to get a copy of the affidavit that was the basis for the warrant.
I can not believe you can't find a lawyer to go after that... View More
I own a rental property in Texas, and my property management company was negligent in screening tenants and maintaining the property. The tenant who signed the lease allowed multiple families to live in the house. Despite repeated complaints and monthly HOA violations, the management company failed... View More
answered on Apr 9, 2025
The success of your case will turn heavily on the language of your agreement with your property management company and the particular facts and circumstances of your case. You will need to prove how the management company knew or should have know that the tenant who signed the lease was likely to... View More
I lived in a property for six months under a one-year lease agreement. After I requested to be removed from the lease agreement, the property management refused, stating it was a court matter outside their jurisdiction. In the meantime, I discovered that both tenants took over my room without my... View More
answered on Apr 7, 2025
The answer to your question depends on whether the "two tenants" are people you were sharing the premises with you under the lease (cotenants) or new people who rented the premises after you stopped living there.
When you sign a lease for one year, you commit yourself to paying... View More
I have a civil judgment that was granted in 2004 in Texas, and no effort has been made to satisfy it. I believe it was renewed in 2014. Has this judgment now expired, or is it still in effect?
answered on Apr 5, 2025
This question is governed by statute:
(a) If a writ of execution is not issued within 10 years after the rendition of a judgment of a court of record or a justice court, the judgment is dormant and execution may not be issued on the judgment unless it is revived.
(b) If a writ of... View More
Is it legal for a repo truck to hook up a car that is up for repossession while it is occupied? In my case, there was no interaction before the car was hooked up, as they claimed they didn't see the driver sitting in it. The repossession occurred on a public street, and no documents or proof... View More
answered on Apr 4, 2025
There is no legal prohibition on repossessing a car just because it is occupied; however, it is a traffic violation to tow a vehicle with a person inside. So, the repo company will not be issued a citation simply for hooking up the repossessed vehicle to the tow truck, but the driver could be... View More
I was a defendant in a Trespass to Try Title case in Texas and filed a counterclaim of Unjust Enrichment. During the bench trial, I lost the Trespass to Try Title portion, but the judge acknowledged that my contributions to the property were 85% of its value and that I paid property taxes for over... View More
answered on Mar 31, 2025
You can file a Motion to Modify Judgment under Rule 329b of the Texas Rules of Civil Procedure. Your deadline to do so in 30 days from the date the Judgment is signed.
Because the Judgment has not been signed yet, you can also prepare an alternative Judgment reflecting the correct amount... View More
I was involved in an auto accident while riding my moped, which left me with a broken collarbone, clavicle, and thumb, and my moped was totaled. The other party, who was driving a truck, was at fault. I have hired lawyers, but one quit because they didn't think they could win, and the current... View More
answered on Mar 31, 2025
Because of professional ethics, neither the other party's insurance company nor their attorney will speak with you directly as long as you are represented by a lawyer.
You should schedule an office conference with your new lawyer to discuss your case. There could be many reasons why... View More
I am the successor durable power of attorney (SDPOA) for my grandmother. The previous SDPOA, her daughter, misapplied $48,000 from my grandmother's bank account and refused to provide an account of her actions despite multiple verbal and written requests. Adult Protective Services validated... View More
answered on Mar 31, 2025
Because you are filing suit as a fiduciary for your grandmother, you must hire an attorney under Texas law.
Unless a fiduciary is also a licensed attorney, filing a lawsuit pro se as a fiduciary constitutes the unauthorized practice of law and will not be allowed by the court.
A... View More
In a trial, a state witness was allowed to testify even though their name was not disclosed to the defense attorney. The trial attorney objected to this during the trial, but the appellate attorney presented a different argument for the same objection. Can you explain how two different arguments... View More
answered on Mar 27, 2025
Different arguments can be presented to exclude the same witness. The record must support the argument and many arguments made on appeal to exclude a witness can be waived if they were not presented to the trial court first. But, sometimes, an argument can be presented for the first time on... View More
I supply material to a company, and an individual has sued this company for a failed product made with the material I supplied. An executive from the company gave a false deposition, claiming my material was faulty, leading to the failure. He falsely stated they informed us about the bad quality... View More
answered on Mar 26, 2025
Statements made in a deposition in a lawsuit are privileged, so you cannot legally recover damages, obtain an injunction, or compel a retraction.
You should tender the lawsuit to your insurance company and request a defense. Any reputable business like yours that provides material and... View More
In Texas, the Tort Claims Act states that a government entity does not need to disclose details or the extent of its insurance coverage. I believe this violates my constitutional right to due process according to both the U.S. Constitution and the Texas Constitution. The University of Texas Medical... View More
answered on Mar 24, 2025
There is no constitutional right that requires a government entity or other party to disclose the extent of its insurance coverage. In cases like your, the existence or non-existence of insurance coverage will almost always be inadmissible as evidence. This is particularly true if, as the... View More
I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More
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answered on Mar 23, 2025
The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More
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