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2 Answers | Asked in Bankruptcy, Collections and Consumer Law for Texas on
Q: Can university collect debt if not listed in bankruptcy?

In Texas, a student I know filed for Chapter 7 bankruptcy in May, and the case was closed as a discharged non-asset in September. During this period, the student withdrew early from classes, resulting in a portion of the Title IV funds being returned, leading to a debt of $4,321 owed to the... View More

Broocks "Mack" Wilson
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Broocks "Mack" Wilson
answered on Apr 11, 2025

Generally speaking, even debts owed to creditors that do not receive notice are discharged in no asset cases.

The answer to your specific question will likely depend on the timing of when the debt arose. If the student withdrew after she filed her chapter 7 petition, there is a possibility...
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2 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Is $90k from single home sale considered in equity split for divorce in Texas?

I purchased a home in 2011 while single. I got married in 2014 and sold the home in 2017, using the $90k cash received as a down payment for a new home with my husband. My husband is on the deed but not the mortgage loan. We are now divorcing. Is the $90k I used for the down payment and fees... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2025

If you can trace the $90k down payment to the proceeds received from the sale of your separate property home, you have a valid argument that your new home is an asset of mixed character--meaning it is partly your separate property and partly community property.

For example, if the price of...
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2 Answers | Asked in Criminal Law, Gov & Administrative Law, Civil Litigation and Real Estate Law for Texas on
Q: House raided after wife's seizure; charged with possession. Was the warrant legal? Handling confiscated property?

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

John Cucci Jr.
John Cucci Jr.
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...
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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: What should I do if I haven't been indicted for a DWI arrest over a year ago in Texas?

I was arrested in Texas on April 25, 2024, for my third DWI. It has been over a year, but I have not been indicted yet. I haven't had any court hearings or communication regarding this matter, and I haven't contacted my lawyer about the delay in the indictment. What should I do about this situation?

John Cucci Jr.
John Cucci Jr.
answered on Apr 11, 2025

If you have a lawyer who was hired on this new DWI, you should definitely contact that person.

For the most part, the State has 180 days to indict you, after they arrest you on a felony. There are many ways that can be extended by the state. Thus, it is not over yet.

The best...
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2 Answers | Asked in Criminal Law for Texas on
Q: Can I purchase a firearm in Texas after deferred adjudication for aggravated assault?

I completed deferred adjudication for aggravated assault on March 7, 2025, in Texas. There were no conditions attached, and I have not had any other legal issues or charges since then. Can I purchase a firearm in Texas now?

John Cucci Jr.
John Cucci Jr.
answered on Apr 11, 2025

The short answer is yes. But, You will have to get your original case and arrest expunged from the court records. When your deferred adjudication was successfully completed, the judge dismissed the felony charges against you. If so, then you can have that case and the underlying arrest taken off... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Arrest for possession of fentanyl after helping overdose victim

While at a motel where someone overdosed, I performed CPR until the police arrived. I picked up a small baggie with white powder out of fear of being charged, but stayed to help. Police arrested me for class C warrants, leaving me in the rain. Later, at the station, they found the baggie, now wet,... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 10, 2025

You are in a tight spot!

If you have no criminal record, and you can prove that you did attempt to save the other person's life, you may have a good chance at winning a jury trial.

If you have drug convictions on your record, you are going to be fighting uphill.

Ask if...
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2 Answers | Asked in Landlord - Tenant, Civil Litigation, Business Law and Real Estate Law for Texas on
Q: Seeking legal guidance on property management negligence causing $20,000 loss.

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

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Real Estate Law, Gov & Administrative Law and Tax Law for Texas on
Q: Is it a RESP violation if my mortgage company misestimated property taxes?

I purchased my home in Texas in October 2023. My mortgage company estimated MUD property taxes based on the land value instead of the newly completed home and the selling price. I discovered this issue in March 2025 when I received a statement showing an escrow shortage of over $1,200, resulting in... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

No this is not a RESPA violation. Property taxes are the legal responsibility of the owner (YOU). Lenders almost always require a borrower-owner to timely pay their property taxes. Sometimes, lenders require the borrower-lender to escrow money by paying an additional sum each month with the loan... View More

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2 Answers | Asked in Juvenile Law, Domestic Violence and Family Law for Texas on
Q: How to pursue emancipation as a minor in Texas with family support issues?

I am a 16-year-old currently living in Alabama with my grandmother after being removed from my mother's home in Texas by CPS due to domestic violence and home conditions. I work part-time while attending school, so I'm unable to support myself fully. I wish to get emancipated and live... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

When you reach 17 years of age, you need to hire an attorney in Texas to file a suit for emancipation. It would be best if your parents were in agreement. You will be required to serve them with your suit and they will have the opportunity to object. Because of how long any case takes to reach... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Consumer Law, Personal Injury and Real Estate Law for Texas on
Q: Seeking attorney for breach of lease and deceptive trade in TX

I'm looking to find an attorney who works on a contingency basis to help with a breach of contract and deceptive trade practices case concerning a leased premises. For about a year, I've been living with mold and bad water. Despite my written complaints over the past 11 months, the... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

In the absence of significant damages, it will likely not be possible for you to locate an attorney willing to work on such a case on a contingency fee basis. You would need to show some sort of "value" to the leased premises. If it is a commercial property in a prime location with a... View More

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2 Answers | Asked in Probate and Real Estate Law for Texas on
Q: What legal rights do I have to my stepmother's property in Texas?

My stepmother passed away on October 6, 2024, before finalizing her will. I moved in with her a year before she passed to take care of her and am still living on her property. The property was originally purchased by my mother and father, but my dad received it in their divorce. Before my dad... View More

Gratia "Grace" P. Schoemakers
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Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2025

If the property was in your stepmother's name only, and she left no prior will that indicated you as a beneficiary/devisee, her estate will most likely pass through intestacy. Intestacy rules stated that her assets will pass to her children, not her stepchildren. Therefor, based on the... View More

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3 Answers | Asked in Foreclosure, Bankruptcy and Real Estate Law for Texas on
Q: What are my options if my house in Texas goes to foreclosure or deed in lieu?

My house has been in short sale for almost five months, and today is the last day. The bank did not accept any offers from buyers because they were considered too low. My agent suggested applying for a deed in lieu of foreclosure. As a homeowner, what is the best option for me? If the house goes to... View More

James Clifton
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James Clifton
answered on Apr 10, 2025

Typically, a deed in lieu of foreclosure is preferable because you are in greater control of the outcome. Issues that will need to be addressed are the waiver of any deficiency by the lender, the tax implications of a deed in lieu of foreclosure versus a foreclosure, the date you have to vacate,... View More

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2 Answers | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: Is a TX protective order void without personal jurisdiction?

I had an attorney who filed a special appearance in a Texas court, arguing that the court did not have personal jurisdiction over me. Despite this, the court issued a final protective order against me based on false allegations of sexual abuse. Is this protective order void due to the lack of... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

No, the order is not void, but it is potentially voidable. If your attorney filed a special appearance, the question of personal jurisdiction was presented to the court. It then became incumbent on you through your attorney to set your special appearance for hearing and to secure a ruling from... View More

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2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: Seeking to vacate conviction due to dash cam evidence of fabricated traffic stop and ineffective counsel.

I am seeking to vacate my conviction and withdraw my guilty plea entered on June 14, 2024, due to newly discovered evidence. A dash cam video proves that the officer fabricated the traffic violation for which I was pulled over, and no laws were broken. Additionally, a warning citation issued at... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 8, 2025

You have a lot going on here. There are two different avenues for you to overturn your conviction. You didn't say what your exact conviction was, but I will assume it was for a Felony in Texas.

Avenue 1: Dash Cam: New Evidence can be used after the Statute of Limitations, if it...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: How to find out who my girlfriend's friend's lawyer is in a criminal case?

I'm trying to find out who my girlfriend's friend's lawyer is, as he has been incarcerated for over 30 days without being informed. He is involved in a criminal case. Despite several attempts by different people, including calls to the jail, no one has been able to get this... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

The jail staff probably does not know who the friend's lawyer is. In most cases, only the friend would know because the friend is the person who hired the lawyer.

If the friend has not hired a lawyer, you need to ask the friend whether he completed a form proving that he is indigent...
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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: Is it legal for TX landlords to make tenants responsible for "normal wear and tear" repairs?

I'm getting ready to move out and have concerns about certain provisions in my lease. My landlord added a clause stating that tenants are responsible for repainting and refilling nail holes, which I understand to fall under "normal wear and tear." Is this legal in Texas? They also... View More

John Michael Frick
John Michael Frick
answered on Apr 7, 2025

I think you are correct that the lease by agreement between the parties has shifted what would normally be the landlord's responsibility for cleaning and "normal wear and tear" to you as the tenant.

There is no legal prohibition on the parties agreeing to do this.

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2 Answers | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: Being sued for not paying rent after unauthorized access and damage to my room.

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Civil Litigation for Texas on
Q: Has my renewed 2004 Texas civil judgment expired?

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?

Michael F. Pezzulli
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Michael F. Pezzulli
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...
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2 Answers | Asked in Divorce, Landlord - Tenant, Animal / Dog Law, Family Law and Real Estate Law for Texas on
Q: Can I stay in the house if my husband moved out and can he turn off utilities before divorce in Texas?

I've been married for 16 years, and my husband moved out of our Texas home to a motel, leaving me and our dog. The mortgage and utilities are in his name only. I haven't been able to contact him, and I believe he might have a girlfriend. We haven't filed for divorce yet. Am I allowed... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2025

Yes, you can stay in your marital residence even though he has moved out.

Yes, he can legally turn of utilities that are in his name before a divorce is filed.

Because you are also an owner of the home, you can turn the utilities back on in your name.

If you file for...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can dad add his extra summer days to Father’s Day weekend?

Can dad add his extra summer days to Father’s Day weekend? We split summer visits by week for a 7day total and we can elect to add 3days to our week to make one 10day week. My week starts Friday at 6pm with me and then the following Friday at 6pm one week with dad. My week is June 13-20 with 3... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2025

It depends on what the language in the Decree says. There is no legal prohibition on him choosing to add those days to the end of his Father's Day weekend. So, if the Decree does not prohibit it and gives him the right to add three days, then I think he most likely could do so.

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