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Texas Questions & Answers
1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Texas on
Q: Does a Washington state based LLC need to register as a foreign entity with Texas SOS?

Hi, I live in Washington State and I am formalizing a small business LLC from my home. The main purpose of my LLC is to purchase real estate property in Texas (residential homes), and put them up for rental. I will utilize a Texas based real estate company to purchase the home(s), and utilize a... Read more »

Brian J Elliott
Brian J Elliott answered on Jun 21, 2021

Yes - a foreign entity doing business in Texas needs to be registered with the Texas Secretary of State. However, an entity that is created for the sole purpose of owning real estate may not need to be registered in TX even though the property is located in TX. While the entity that conducts the... Read more »

1 Answer | Asked in Contracts for Texas on
Q: What is the law in Texas about receiving copies of things you signed?
Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

While you should get copies of everything you sign, not receiving a copy won't get you out of the obligations.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: i was mowing and part of the rock that was used to make some kind of island in the back yard hit me in my leg

this rock was part of some kind of thing that was built on the ground to make a platform. I did not build this it was already built. Can i file under the homeowners insurance policy because i was badly injured?

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

Your homeowners insurance covers your liability if someone is injured on your property. It does not cover you for injuries to yourself; that would be covered by your health insurance.

1 Answer | Asked in Real Estate Law for Texas on
Q: My name is Debra: I had a modification on my home around 10 ago, I just discover that I have been paying interest only.

Can a company do that legally? I noticed that I have been paying for years and I noticed that the balance owed on the house was not going down. After the interest was paid they doubled my note, I am about to lose the house because I can't afford the payment of $1586.29.

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

It sounds like you and the lender agreed to a modification that would allow you to pay interest only for a period of time, and now that the period is over, they want you to make up the payments, which is why the monthly payment is increased.

It's not at all clear what you originally...
Read more »

1 Answer | Asked in Collections for Texas on
Q: What can a debt collection agency due? How can I get out of it?

So summer 2020 I signed a lease for a college apt. I decided it was a better financial decision for me not to move in and the apartment company refused to cancel the lease since it was a legal document. However I told them weeks before move in me, nor my co applicant (my mom) could afford it. I... Read more »

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

The landlord has an obligation to try to find a new tenant, and you're not liable after they do. (It's not clear to me what the $4425 represents.) If you owe the money and can't pay, they can sue you and your mother, and get a judgment against you both for the amount due, plus... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Texas on
Q: Does the law protect renters on verbal contract?

I rent a room under a verbal contract. I've been told to vacate. This is sudden and leaves me in a terrible position. I'll be on the street because of this. Is there any law to protect me from this?

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

If you rent the room on a month to month basis, they have to give you 30 days notice of non-renewal. If the oral agreement is week to week, they would only need to give you a week's notice of non-renewal. If you've breached the agreement in some way, the notice period can be 3 days.

1 Answer | Asked in Legal Malpractice for Texas on
Q: How do I request the appellate judge to give a written opinion on dismissal of a request for reconsideration?
Randy Sorrels
Randy Sorrels answered on Jun 20, 2021

On the motion for reconsideration, they can simply deny the motion or grant the motion. Usually, they deny the motion without a written opinion.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Was in car accident not on insurance and seeking guidance

A couple of weeks ago I rolled into an intersection and got t boned. It was not my car and I'm not in the insurance. The insurance company contacted the provider and is threatening to sue for this. (This is what I gathered over the phone call I just had with them) this is the first car... Read more »

Doug Goyen
Doug Goyen answered on Jun 18, 2021

From the way you phrase the question, it sounds like you believe you caused the collision. You may want to go over the details with an attorney, just in case.

If you were driving someone else's vehicle:

Did you have permission to use the vehicle you were driving?

If...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Did Trevor go around LH after she left the ER?

There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

The conviction was affirmed on appeal. See: https://law.justia.com/cases/texas/sixth-court-of-appeals/2013/06-13-00044-cr.html

1 Answer | Asked in Criminal Law for Texas on
Q: If i want to get a deffered dismissal how would I do that?

I don't have a lawyer or anything, i have court for a class C misdemeanor ticket in 2 days.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

Do you mean besides discussing that possibility with the prosecutor?

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can a case be thrown out if taken to trial if the officer that gave the ticket is fired

It's a felony case

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

There are no felony tickets in Texas. A fired officer doesn't AUTOMATICALLY result in dismissed charges. The prosecutor will decide whether the officer's testimony is needed, whether the reason for the firing implicates the officer's credibility, and the quality of any other... Read more »

1 Answer | Asked in Elder Law and Landlord - Tenant for Texas on
Q: Can my apartment complex not do needed repairs which affect my apartment?

6 yrs ago, my upstairs neighbors' kitchen sink , garbage disposal and dishwasher water kept coming up in my sink and finally flooded my apartment. They fixed it then but its doing it again now. The complex changed hands and I have been asking and even begged them a couple times since January... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 17, 2021

Contact the renters' council in Temple. If there is none, try the Travis County Renters' Council.

1 Answer | Asked in Intellectual Property for Texas on
Q: Can recipes be copywrited?

I have older recipes, but have no idea if they are copied from any magazines, newspapers, etc. Can a recipe that is in a cookbook be changed and therefore not get in trouble if it is a copywriter? I would like to take recipes that serve larger portions, and change it to serve 2 people.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 17, 2021

You can register the copyright of recipies.

Whether it can be defended or not will depend on the content.

1 Answer | Asked in Estate Planning for Texas on
Q: Dads will gives estate to mom and then by 3 sons. One son has since passed away. Does his widow have heirship to his?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 17, 2021

It depends on what the Will says. It is common to state that the children or the siblings of a predeceased beneficiary inherit. It is uncommon to state that the spouse does.

2 Answers | Asked in Criminal Law and Banking for Texas on
Q: Can I take money from my girlfriends account without her permission if i have a right to the money and access to accoun

We lived together for a year and she took out a ppp loan under my company. And has all funds in her accountand holds it iver my head. I have access to accounts. But have not been told I can touch the money. Nor have i been told no i want to take some and get out this relationship. Is the matter... Read more »

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

This is a complicated issue that can go several different ways. Just because you have access does not mean you have rights to access. By your own admission you do not have permission to touch the money. She may say you exceeded the scope of the access granted.

On the other hand you have...
Read more »

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1 Answer | Asked in Child Custody for Texas on
Q: Can I file for custody if I live in a diffent state?
Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

Yes, make sure you contact an attorney before you do anything. There are laws that prohibit the moving of minors across state lines.

Be careful as not to violate Interstate The Uniform Child Custody Jurisdiction and Enforcement Act.

I strongly encourage you to consult with an...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Need help with Order of Protection against roommate, breach of contract for not paying rent, and getting her off lease.

Roommate has not paid rent, is verbally and emotionally abusive, threatening, and we are scared of her. Please help!

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

If person is threatening you call the police and report it. You be able to get a protective order.

As to the rent you can sue for breach of contract assuming you had a written agreement.

You will need to get a copy of lease and review it to see how to remove a signer from the...
Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: What can I do if my neighbor threatens to call the pound because my dog escaped through the fence and goes to his yard?

My dog is a pit and I am currently visiting my mother. She has a fenced house with a gate and he has found spots through the gate to escape through. We have been reinforcing the fence in these spots but he seems to find a way. He is not aggressive and has never biten anything or anyone.

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

Threatening to call the pound is not a crime by itself.

Facts might change this: like he is making threats multiple times a day. Depending on how and how often this occurs you might have a harassment claim.

I would encourage you to ensure your fence is in order and the animal...
Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Can the city change a private road to a public street against homeowners' desires?

We do not want our private road made a public street. Can the city override our desires when we homeowners on the road have titles/deeds saying we each own 1/4 interest in the road and easement and no changes, alterations or modifications can be done to the road or easement without our written... Read more »

Leroy Scott
Leroy Scott answered on Jun 16, 2021

Yes, the city can do that, but it has to provide just compensation to the private owners. Look up "eminent domain".

1 Answer | Asked in Immigration Law for Texas on
Q: Does CSPA apply to derivation of citizenship through naturalized father, 10 years after permanent bar?

The petitioned child was 14 at the time of the consular appointment (05/03/2012), in which the 212(a)(9)(c)(i)(i) was applied.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Jun 15, 2021

If the child was the principal beneficiary of a family petition when he was 14 in 2012, he should not have been bar from applying for a visa at that time. A child under 18 does not accrue unlawful presence. If the child was a derivative beneficiary as the son or daughter of a principal beneficiary... Read more »

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