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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Small Claims for Texas on
Q: I am in the middle of a negotiation and need help

I am a truck driver. In one of my deliveries, my trailer was damaged by one of the employees of the warehouse. They have accepted responsibility but have neglected my claim for the diminished value of mu trailer. I was going to sell it for 70k but now due to the accident the value of the trailer... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 16, 2022

A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for the damages to your trailer. You have a number of options. The first would be the cheapest, which is trying to continue negotiations. At this point, you may have already resolved the matter. But if... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: In Texas, what can I use to amend a complaint to add an additional plaintiff to the lawsuit? And do I add evidence?

Its a trial de neuvo and I want to add a plaintiff to join me not sure if I must write an introduction or state other facts. Or must it be a motion?

John Cucci Jr.
John Cucci Jr. answered on Apr 11, 2022

TX rule of Civil Procedure 502.7 is the rule to follow to amend your petition. A portion of that Rule is as follows:

a)Amending Pleadings. A party may withdraw something from or add something to a pleading, as long as the amended pleading is filed and served as provided by Rule 501.4 not...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Federal Crimes for Texas on
Q: Is sitting in a texas county jail without indictment normal?
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 7, 2022

Normally you would want to bond out, but not everyone can afford their bond. Sometimes the judge will agree to lower the bond amount.

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Is it a violation of my amendment rights if I have a public defender and spoke on the phone once. Before trial I have a

A new attorney and we're going to trial in 2 weeks or less or maybe 3 weeks but they're not prepared for my case and I haven't ever spoke to him before and the only information they have is what the prosecutor gave them instead of investigating my caseit been over 2 years

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 6, 2022

Although you have the right to an attorney, you don't have the right to a GOOD attorney. You have to pay for that and it's really expensive.

That said, if your attorney does nothing (or almost nothing) to prepare then that can be "ineffective assistance of counsel"...
Read more »

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1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Texas on
Q: How do you find out if someone has power of attorney
Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 12, 2022

The fastest way is to ask them or the person who you think signed the power of attorney, If they have used the power of attorney they should of had to show it to the person.

1 Answer | Asked in Criminal Law, Car Accidents, Civil Litigation and Insurance Defense for Texas on
Q: can my Texas drivers license be suspended if I'm the owner of car but vehicle was wrecked by someone else driving

the car was bought for relative, still in my name and was supposed to have car insurance on the vehicle but found out there was none . The person driving did not have my permission to move that vehicle at all, I was not aware of any other person driving . The car had CPI insurance from the... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 12, 2022

You can loss your TDL if the other party get a judgment against you. You may need to retain a lawyer,

1 Answer | Asked in Criminal Law and Civil Litigation for Texas on
Q: Walmart accused me of stealing

Walmart accused me of stealing at the self check out because the screen froze but I called a worker over they fixed the screen I payed for my stuff well as I was leaving an employee stopped me and said I was stealing called the laws it was $60 dollars worth of stuff I didn’t pay for I well judge... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 11, 2022

If you really did not pay for items you cant sue, If everything was paid for you can sue

1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: My self and my wife own a property with an in law and now his son is claiming power of attorney with no proof.

We are currently trying to sell the property but we can't get a hold of the in law and his son is the only one who knows where he is none of his family has seen or talked to him in 8 months and now his son claims his father gave him power over his affairs and won't show documents stating... Read more »

John Cucci Jr.
John Cucci Jr. answered on Mar 8, 2022

You are in a tough position.

I would want to see the deed which gave you and your in-law the property. If the person has Power of attorney they would show it to you. A power of attorney can be rejected by the maker at any time, if that matters here.

While you can sell your interest...
Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury and Civil Litigation for Texas on
Q: Falsely accused of theft of property, can I sue police department and the company?

I was charged with shoplifting from a worldwide company. Loss prevention falsely identified me after doing a Facebook search. This is now on my record. I have been labeled as a theif! Ive missed several employment opportunities, I had to move back in with my parents because all agencies have denied... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 3, 2022

If all charges relating to the arrest were dismissed then you will eventually become eligible to petition for an expunction. An expunction is the means for clearing your arrest record. There are a couple of situations where you can go ahead with an expunction without waiting for the statute of... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Texas on
Q: Is there a direct phone number for the Texas Court of Appeals? I can’t locate itTrying to find testimony from old case

This was a murder trial in which xx was convicted for the murder of xx

George was my BIL. My sister was too emotional to attend the trial, but is wanting to read testimony, if it can be found

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 8, 2022

The first thing you need to know is whether or not there was an appeal, and if so, which court handled the appeal. If you are researching an old case, try to find a "notice of appeal" document in the trial court file at the District Clerk's office in the county where the trial was... Read more »

1 Answer | Asked in Wrongful Death, Criminal Law and Civil Litigation for Texas on
Q: HiI’m trying to find the complete testimony from the Zani trial, 1981, Texas. It’s very personal

He was convicted of murdering my BIL, xx, in 1967. It’s a landmark case for allowing hypnosis to be allowed as evidence. How do I get a copy of the testimony, or can it be accessed ??

Thanks,

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 8, 2022

If the case was appealed then some or all of the transcript may have been filed with the court of appeals.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it unlawful to omit a warrant from discovery that was used to track individual with gps and pull them over ?

In a case where they used gps on a vehicle to track person wouldn’t prosecution have to make it available for the defense in discovery ? her suppression was denied but the warrant could have shown premeditation for the traffic stop ! Cop said I was going to pull you over anyway but lied on the stand

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

No, not unless it was specifically requested and improperly withheld. The prosecution only has a duty to proactively provide the defense attorney copies of any exculpatory, mitigating, or impeachment evidence. Copies of other evidence are only provided if the defense attorney first makes a timely... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: I was awarded a judgement in small claims court, but I have no idea where to start on the collections process.

Both parties live in Texas, I know where she works, and lives, but I have it on good authority she will be moving sometime this year (2022). She doesn't have many (probably any) assets, rents the house she and her family live in (she's engaged, but not legally married, they have 1 kid... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 13, 2022

Most of the small claims courts and local courts have pamphlets which generally discuss ways to collect a judgment and what to file. That said, depending the amount of the judgment, you might best be served to contact a collection attorney and at a minimum seek a consultation on how to proceed and... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Collections and Energy, Oil and Gas for Texas on
Q: How do I get out of a bad solar contract?

We got ripped off by a solar company in 2020, when we were busy working 16+ hour days while taking care of kids at home. The salesperson said that the panels would cover 100% of our electric needs but it only covers 75% at best and the payments are as much as the electric costs without solar. The... Read more »

Aimee Hess
Aimee Hess answered on Dec 21, 2021

unfortunately, you can't simply "remove" a UCC financing statement. It has to be done either by court order after a lawsuit or by agreement of the parties. What your rights are regarding these representations depends in large part on what your contract with the solar panel company... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: Mentor and breached contracts.

I had a mentor that would have me sign contract with “businesses” that were really not real. Not only were they not real but I was paying him upwards of 4000 a month to him. $300 was legitimate as he would meet with me as a mentor. I however have a contract through him with his parents who i... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 16, 2021

It sounds like you have multiple contracts with this person, and he has multiple assumed names (the business names on the contracts.) If you are not receiving the services you contracted for, you may be due a refund.

As to the car, it's impossible to tell from your description...
Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Texas on
Q: Objecting to entry of orders? Orders to be signed by judge are slightly different than the ones opposing Council sent me

The opposing party was ordered to draft the temporary custody orders after our hearing. They sent me a copy to sign and said I had 10 days to respond with changes or they would send to court for entry "as is." I responded and told them I intended to respond with my changes/objections... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Dec 12, 2021

You should go ahead and file with the Court your objections to entry of the court orders that Opposing Counsel submitted ASAP, even if it's outside the 10-day window. You should write out each objection that you have to the Judge signing the Order as presented. You should file that with the... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and White Collar Crime for Texas on
Q: Do deffense attorneys protect the victims of a crime or only the accused?

If you or someone you know becomes a victim of a White Collar crime, should you contact an attorney before reporting it? What type of attorney represents the victim harmed by the crime?

Joseph Abrams
Joseph Abrams answered on Nov 25, 2021

Defense attorneys often represent victims of crimes to ensure their rights are protected and they are being treated fairly within the system. The prosecutor is also a representative of sorts for victims as they are the Peoples attorney as well. However, a defense attorney for a defendant in a... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Texas on
Q: In a parking lot fender bender,do I sue 18 year old driver or his parents,owners of car?
Ard Ardalan
Ard Ardalan answered on Nov 16, 2021

You may need to open an insurance claim first. Open a claim with the parents' insurance company. For a lawsuit, you will need to get a lawyer involved to get the most out of the case. At 18, the driver is no longer a minor and may be sued personally. If his parents negligently entrusted the... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Can I file a lawsuit against the police department for a false arrest?

Was exercising my freedom of speech on a public sidewalk. Someone called the cops said I trespassed which I didn't. I had everything filmed on a body cam. Officer shows up and arrests me for a noise ordinance violation. We then get to the jail and he changes the charges to criminal trespass.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 19, 2021

Talk to an attorney who focuses on federal civil rights lawsuits under Section 1983.

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1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Texas on
Q: Can I be trespassing

I live in Texas and me and my wife are separated but not divorced she still had all my property at her house I had a detective called me and told me that if I show up there I will be arrested for criminal trespassing can I legally do this even though she’s in possession of all my clothes and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

You can be arrested and charged with any offense that the detective believes you committed. If that happens, a proper defense will be stressful and expensive. You would be wise to spend your time and money on a divorce attorney to get access to your stuff in a manner approved by the court rather... Read more »

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