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?
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 »
I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... Read more »
Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure...Read more »
If you want to hold yourself out as a non-profit, then yes, you must be a non-profit. To become a non-profit, you must (1) create an entity with the Secretary of state and (2) file a 501(c)(3) application with the IRS. You cannot do this without an attorney and/or a CPA. Try to find an attorney who...Read more »
Multiple dealerships locally offer “guaranteed financing” stating that there is no credit check, “your job is your credit”.. my ex wife ruined my credit. So when I needed a replacement work truck I went to several of these type of dealerships. Just for them to run my credit and turn me... Read more »
There is no federal statute mandating that a private business, a person, or an organization must accept currency or coins as payment for goods or services. Private businesses are free to develop their own policies on whether to accept cash unless there is a state law that says otherwise. Texas does...Read more »
We have had our roof replaced which was covered in our insurance. He came and we agreed on a color and he gave us the packet with a brochure with our selected shingle color and style. When he filled out the contract he did not put down the same style as the brochure we had agreed to. The specific... Read more »
I have an Invention that would potentially solve a problem in a field unrelated to mine, so before moving forward with it too far I would like to ask an expert in this domain to make sure it is legitimate. what is the best way that I can protect my interests and prevent the said expert from... Read more »
Your post remains open for two weeks. A patent attorney could probably give you guidance on this. There's no guarantee that all questions are answered, but your question would have better chances of getting picked up in the Patent Law and Intellectual Property sections rather than the Consumer...Read more »
A Texas attorney could advise best, but your question remains open for three weeks. I can't speak for the state court system in Texas, but as a GENERAL matter in many jurisdictions, what can typically happen if a counterclaim exceeds the court's limit is that the matter can be removed to...Read more »
I have hospital lien this lawsuit lasted 6 years personal property injury insurance paid but the collection agencies not take off my credit reports but hospital one been paid I've asked called tired calling asking them I told them all they have 5 days they said they will not be removed 6... Read more »
A Texas attorney could advise best, but your question remains open for three weeks. This could be a difficult matter because the bills appear to go back a number of years. Based on the information, it's difficult to say why the bills went into collection - was it coverage issues, medical...Read more »
i bought a vehicle from a lot, it had 6 month warranty i pay 267 every 2 weeks. The salesman wouldnt let me choose any other car on the lot cause he didnt truth them. As soon as i got it, it started to have issues. I told them the issues and they never got it fixed. Then my sales person was fired a... Read more »
You need a lawyer immediately. The dealer cannot take your son's social security card nor hold it hostage. Also, they do not need your W-2 forms. You don't specify if the vehicle was financed through a financial institution or if the dealer financed the purchase. It is also unclear if the...Read more »
I memorilzed my dads account when he passed in September 2019, a few months later I noticed his account was gone. Facebook customer service gave me a massive run around until they admitted to his account being deactivated and they couldn't do anything. My understanding is once an account is... Read more »
Whether Facebook can do this or not is entirely determined by its User agreement which you should check. In Texas, there is no common law or statutory case of action for deactivating a memorialized social media account.
If a granted patent describes the same method that you want to use, then the inventor can prevent you from using that process without their permission. If a patent application has not yet been granted, then the inventor does not yet have the right to stop you. However, if the patent is granted...Read more »
While it is not the best practice for a loan company to grant a loan with only one of the married couple's signature on the documents, there is nothing illegal about it. Unless a divorce was currently pending and the County in which it was filed had instituted Standing Orders preventing the...Read more »
Brick subcontractor contacted me 5 months after his work was finished and asked me to pay him the shortage I explained I had already paid the contractor for his work and there were no more funds left. I attempted to call the contractor who won’t take my calls. Now the subcontractor filed a... Read more »
we financed it dealership paid it off without telling us making our payments ahead only kept asking for plates he said he had to do to get the title . Told us to 11000 cash and we did now asking for more money and wont give title to us
I do not understand if you actually financed the vehicle or if you paid the dealer $11,000 in cash.I presume you purchased a used vehicle and must have received some documentation regarding the terms of the sale, including the price. These documents should be reviewed by a local attorney....Read more »
A former employee sent me an invoice for “unapproved overtime” that I was paid. Due to the toxic work environment, I sent payment in the form of checks after I left (7/10/19) since then, that account was closed (4/30/20) and today, I received notifications from said employer that she tried to... Read more »
You could be arrested and put in jail for committing Assault on the Tooth Fairy. However, if you fight the charge you won't be convicted because the prosecution must prove every element of the offense beyond a reasonable doubt, one of the elements of assault is that it is committed against a...Read more »
I purchased ammunition from an authorized dealer online and had it shipped to my apartment address. The package was then stolen from my doorstep. It contained x60 .223 Remington bullets. If I understand correctly, this act is a felony, and I need to know what my legal obligation is in this... Read more »
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