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Employer is based in NY, I reside in Texas.
answered on Jan 2, 2025
A non-compete agreement can restrict your ability to move to a different company in Texas. It depends on whether the non-compete agreement itself is legally enforceable under the Covenants Not to Complete Act and whether the work you will be doing for the new company violates the terms of your... View More
Can a mobile home manufacturer sell me a house on false pretenses? The manufacturer told us on the phone with the sales person that all studs on the interior of the home would be on 6” centers. That’s not the case. There are 24” centers in the entire inside of the double wide mobile home.... View More
answered on Jan 2, 2025
Your rights will depend heavily on your sales contract, warranty, and other written documentation. It would be extremely unusual to be able to enforce a verbal conversation with a sales representative that substantially varies from the contents of those documents.
That being said, most... View More
The court is requesting that I quote federal law as to why the defendant has a federal claim in their state court proceeding. They are a foreign corporation all defendant diversity of citizenship dtpa over 75K all apply. They wrongfully sued for breach of contract and laid down on case so state... View More
answered on Jan 2, 2025
It is very difficult to understand the procedural history in your question. Ordinarily, the plaintiff would initially choose in which forum, state or federal, to file the lawsuit. If the plaintiff has filed in state court, but there are sufficient grounds for federal jurisdiction--either via... View More
answered on Jan 2, 2025
It's unfortunate that management was not willing to assist your co-worker, but that's the world we live in. If you friend needs medical assistance they should ask the employer if they have a policy of workers' compensation first. In Texas, employers are not required to even buy... View More
She passed away at her and my fathers address in Springfield May 1998. How could she show up as a resident of a home purchased in 2007. That year she would have been 65.
answered on Jan 2, 2025
It depends on exactly what you mean by "showing as a resident." It very likely could be a simple mistake. Directories and similar companies make errors all the time. For example, from time to time, I occasionally receive advertising mail addressed to my deceased father at my own... View More
answered on Dec 31, 2024
You can file a motion to enforce the geographical restriction in the divorce decree. If you wait too long to do this, the court might view you as having waived any complaint. While it is not certain that you will win--because every case turns on its own unique set of facts--your chances of... View More
answered on Dec 30, 2024
Generally, the recent past Texas cases would allow the Dog owner to avoid liability if he had no knowledge of his dog's propensity to bite--so the dog's first bite was a "free bite". However, a few factors would create possible negligence of the dog owner if there is evidence... View More
answered on Dec 30, 2024
Ordinarily, if a losing litigant in an eviction proceeding in JP court wants to appeal to the county court at law, the losing litigant must post an appeal bond within 5 days. A bond posted on December 26 would be timely if the judgment in the eviction proceeding was signed on or after December 20... View More
answered on Dec 30, 2024
The Sixth Amended applies both before and after 180 days. There is nothing magical about 180 days.
If you have been arrested and jailed for a felony, you must be indicted within 180 days or the State must release you on a personal recognizance bond.
It has no air bags due to being wrecked & taking it to dealership is only option to fix, & it also has a bad transmission! & Frame is damaged But was told it was a safe reliable vehicle! What can I do legally? My 13 year old ride's in this car with no air bags & he was injured... View More
answered on Dec 30, 2024
Assuming the vehicle is used from the nature of your question, you may have a remedy under any warranty you received or bought at the time of the transaction. If you did not receive a warranty, most used vehicles are sold as-is. So you would not have a remedy against the seller. Many people who... View More
answered on Dec 29, 2024
You would file Chater 7 or chapter 13. Chapter 11 is business reorganization. You would need a thorough evaluation of your complete finances by a bankruptcy attorney to held you decide which chapter..
answered on Dec 28, 2024
Theoretically, you can search the court records of every court in the United States (with certain exceptions like the FISA court).
All federal civil cases are online in the PACER system. Many (but not all) state court civil cases are available online, many for free. For those not... View More
I financed a vehicle and then received a letter from the finance company saying the loan was satisfied. The dealer has requested that I start a new loan. I’m not sure if I can negotiate a better deal since they made the mistake.
answered on Dec 27, 2024
My gut is telling me that there is more to this than meets the eye. If your loan was satisfied--meaning you repaid the loan with interest according to its terms--you do not have to get a new loan unless you need to borrow additional money to finance a vehicle.
If the letter was sent by... View More
Can they be sued for however they got my information? and how to go about it?
answered on Dec 27, 2024
It depends on how they got your information, whether that method is legal, and what legally compensable damages you sustained.
If you genuinely sustained substantial compensable damages as a result, I recommend you hire a private investigator who specialized in cybersecurity and... View More
One asset is a horse trail riding operation which has been run on the ranch for 5 decades. The recent HOA board of directors has placed a moratorium on trail rides contending an equine liability / injury lawsuit judgment could be collectively enforced against all the residents of the ranch. The... View More
answered on Dec 26, 2024
Ordinarily, to the extent any judgment isn't covered by insurance, it would be satisfied from assets of the HOA. If an HOA does not have the funds to cover a debt or judgment, the HOA typically would then make a special assessment against its members to pay the debt or judgment.
Mind... View More
Can I file on his E & O Insurance. This was just 1 of many errors or whatever you call a very experienced attorney doing things like this
answered on Dec 26, 2024
You would actually be filing a legal malpractice claim against the attorney for the damages you sustained as a result of the DWOP. If your claim is not barred by the statute of limitations, this may be limited to the filing fees and any expenses incurred in connection with the dismissed case which... View More
answered on Dec 26, 2024
Probable cause is determined by all of the facts and circumstances known to the police officer at the time of the arrest or search. The absence of a material witness can play a role in that determination if the circumstances known to the police officer indicate that another person witnessed the... View More
This work. Do I just pay a portion of the gas?
answered on Dec 26, 2024
It depends on the specific language in your divorce decree. Usually, this language contemplates that you are paying commercial airfare or bus fare for your child's transportation home. Rarely does it contemplate paying gas for the other parent to drive the child home.
She lives in Texas and I am in North Carolina. She is not married. What do I need to do to be able to get be able to make medical decisions as well as handle her assests and Financials? I have VERY limited money and worried there are people in Texas who are cleaning out her house and someone has... View More
answered on Dec 26, 2024
Because she is not able to give you her power of attorney, you will need to file an application to be appointed as the guardian of her person and of her estate until she recovers. Such a proceeding can be filed in the court with probate jurisdiction in the county where she resides. You should... View More
application with our loan officer, they didnt have the right to call or reach out to me and my number is on the DNC
answered on Dec 26, 2024
You can file a complaint with the Federal Trade Commission via
complaints.donotcall.gov/complaint/complaintcheck.aspx
The offending party could receive a fine for violating the do-not-call registry statute.
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