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1 Answer | Asked in Health Care Law and Civil Rights for Texas on
Q: Was I lawfully detained under a psychiatric hold? I was recently detained for 48 hours at a local hospital.

I did write a "goodbye letter" and send it to someone via text. I did not explicitly say I was going to end my life.

I did have suicidal ideation at the time of writing and texting the letter but I did not have a plan or take any action.

The person whom received the text... View More

James L. Arrasmith
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answered on Feb 23, 2024

Based on the information provided, it appears that you were lawfully detained under a psychiatric hold, also known as a 5150 hold or involuntary commitment. This type of hold allows for individuals to be detained for up to 72 hours for evaluation and treatment if they are deemed to be a danger to... View More

1 Answer | Asked in Construction Law and Contracts for Texas on
Q: I paid a contractor. He didn't pay a company. Can that company put a lien on my property?

I hired a contractor to do some dirt work on my property. I paid him via checks that all cleared. Now, 5 months later, the dirt company that he bought the dirt from, has sent me a letter saying that he did not pay them the final $1295 that he owed them. They say in their letter that they tried... View More

James L. Arrasmith
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answered on Feb 23, 2024

The company that provided the dirt for your property may have the right to file a lien against your property if they haven't been paid for the materials supplied. However, whether they can actually do so depends on the laws and regulations in your specific jurisdiction. In some cases, lien... View More

2 Answers | Asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas on
Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.

Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in...
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2 Answers | Asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas on
Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More

James L. Arrasmith
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answered on Feb 25, 2024

To address the concerning events you've described, finding a lawyer experienced in estate law and possibly medical malpractice or elder law (depending on your situation) in Florida is crucial. This lawyer can help review the circumstances under which you signed the documents and assess whether... View More

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1 Answer | Asked in Consumer Law for Texas on
Q: I am being sued by LVNV for $980 Capital One credit card debt and I am homeless. How do I handle this? Thank you.
John Michael Frick
John Michael Frick
answered on Feb 23, 2024

You can either file an answer or ignore it. An unsecured creditor can only collect a judgment from any non-exempt assets you may own. Texas exempts a wide variety of assets including up to $100,000 of personal property within certain specified categories. Most homeless individuals do not have... View More

1 Answer | Asked in Banking, Civil Litigation and Identity Theft for Texas on
Q: what court would a creditor lawsuit be filed in? my guess is they are civil due to monetary damages being sought.

I had a large sum of money go missing with a prior bank I had accounts at, trying to figure out what happened and who is responsible(creditor) who potentially filed the creditor suit so I can go sue them. Am a beneficiary of an irrevocable trust.

James L. Arrasmith
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answered on Feb 23, 2024

In most cases, creditor lawsuits are indeed filed in civil court, particularly when seeking monetary damages. If you suspect that a creditor has filed a lawsuit against you or the entity you represent, you should receive formal notification from the court. This notification typically includes... View More

2 Answers | Asked in Tax Law for Texas on
Q: I opened two LLC’s and two bank accounts for the purpose of goods being sold. Partners were not completely honest with

agreements while using the LLC’s. They have disappeared and now I have no P& L statements to file taxes. They left me high and dry.

James L. Arrasmith
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answered on Feb 23, 2024

Facing a situation where partners have left you without the necessary documentation for tax filing can be daunting, especially when it involves LLCs. In Texas, as in most jurisdictions, LLCs are expected to maintain accurate records and file taxes based on their income, deductions, and credits.... View More

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2 Answers | Asked in Tax Law for Texas on
Q: I opened two LLC’s and two bank accounts for the purpose of goods being sold. Partners were not completely honest with

agreements while using the LLC’s. They have disappeared and now I have no P& L statements to file taxes. They left me high and dry.

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

In addition to what Mr. Arrasmith suggests, a practical solution would be to get an accounting software program like Quickbooks and download all of your LLC's banking transactions directly from your bank into the software. You can then categorize each banking transaction using the software.... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: What does it mean by "no longer have available lease space for the next year"?

I have lived in my current apartment in Texas for about three years. It's been a 12-month renewal for the last two years, but I was offered 11 months this time. They said they couldn't offer a 12-month lease because they no longer have spaces available for more leases for the next year,... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

The phrase "no longer have available lease space for the next year" is not a legal term and has no specific legal meaning.

Many apartment communities that work on a leasing grid want the number of renewals (and therefore number of possible move outs) to be even across every...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I get a divorce if I live in another country?

I am an American citizen with permanent residency in Ecuador and she is Ecuadorian. We were married in Texas because it was easier and I used to live there. I understand the Texas residency requirements for filing a divorce, but what can a person do if they reside in a foreign country? Is an... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

You can get divorced in Ecuador since you are a permanent resident of Ecuador now.

Texas, and other U.S. states, will recognize a divorce from another nation under the principle of comity as long as the procedures in the other country provide a satisfactory level of due process. Typically,...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can case me modified to use Texas laws ?

The custodial parent has moved to Texas from another state with our child. Neither custodial or non custodial parent live in the state that has jurisdiction over our case. I had moved from that state over 10 years ago.

Can we get the case jurisdiction transferred to Texas now that neither... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

Yes. If you have a pending proceeding in the other state, the party filing that proceeding can non-suit the proceeding and refile it here in Texas.

A modification of an out-of-state custody order will be determined under Texas law because Texas is now the home state of the child....
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2 Answers | Asked in Adoption and Family Law for Texas on
Q: If I file a non suit for a family civil suit will I still have to go to a hearing to grant the non suit?

The family civil suit is an adoption/Termination of parental rights. I filled a motion to transfer to move the case from on county to another due to moving and a hearing was set in the county four hours away. I cant go to the hearing and want to just nonsuit the case and restart everything in the... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

Yes, you can. And it actually makes sense if you haven't gotten very far in the process yet in the original county. If the case is transferred, you will likely have to pay a new filing fee for the new county anyway. You will, however, have to pay again to issue citation and serve the... View More

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1 Answer | Asked in Contracts for Texas on
Q: Can I legally ask for follow through on a verbal contract with AT&T?

I just purchased a contract and phone 3 days ago with AT&T.

I clearly stated multiple times the phone model I was trading in, and was told multiple times it would deduct $800 from the phone's cost.

Today I went to hand in my old, factory reset phone and was told by... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

There is no legal prohibition on asking.

You may consider returning your new phone because you only purchased it based on the salesperson's erroneous representation about the promotion. Since the salesperson was mistaken and management does not want to honor his representation, you...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I have any recourse if the apartment management will not make any agreement for me to terminate lease early?

We want to purchase a home, and the closing date is 30 days from time of agreement, but rental lease calls for a 60-day notice. Management also will not make any conciliations apart from terms of lease, such as converting to a month-to-month lease rather than a term lease. We need to terminate our... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

If your lease allows subletting and you can find a will subtenant, you may be able to sublease your apartment for the remainder of your lease term.

You may also consider postponing your closing date.

You may also consider short-term leasing of your home such as through VRBO or...
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1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: I need a lawyer in San Antonio Texas because my roommate or should say a person who lives in the same house with me .

This person let my dogs out and one of them who I think he dumped miles away came back around 8 hours later with injuries and could barely walk and she (Scarlett) needs to go to the vet. My other dog was here at the house

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

First, this is a Q&A forum in which individuals ask a legal question and Justia lawyers have the option of answering the questions. If you are looking for a lawyer for a specific legal matter, you should use the "Find a Lawyer" option and search for a lawyer in San Antonio or Bexar... View More

1 Answer | Asked in Immigration Law, Tax Law and Employment Law for Texas on
Q: I am on H1b, w2 of 2023 W2 reflects only $18,560 due to maternity, what documents are essential to explain the immigrati

- Arrived in the United States on a H4 visa in 2022.

- Transitioned to an H1-B visa in October 2022, although it remains unstamped.

- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.

- 2023 W2 reflects only $18,560 due to an unpaid maternity leave... View More

James L. Arrasmith
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answered on Feb 22, 2024

The discrepancy between your 2023 W2 earnings and the Labor Condition Application (LCA) wage could potentially raise questions regarding your H1-B status, as H1-B visa regulations require that visa holders are paid at least the wage specified in the LCA. However, your situation involves legitimate... View More

1 Answer | Asked in Small Claims and Landlord - Tenant for Texas on
Q: Can I sue my ex for keeping my possessions and not allowing access after wrongful eviction/writ of possession

I need to know if I have any grounds to be able to sue my ex boyfriend for both A.) wrongful eviction & B.) not allowing me my possessions, and then after being granted the eviction & writ-(due to the fact that he had the papers served to his place, and I never got any of them) he then... View More

John Michael Frick
John Michael Frick
answered on Feb 22, 2024

In order to state a claim for wrongful eviction, you will need to plead and prove you were evicted based on your race, sex, national origin, disability or family status, or that the eviction was in retaliation against you for filing maintenance requests or complaints about the condition of the... View More

2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Texas on
Q: Is there any reason that a court appointed attorney cannot request a dismissal of a charge in an indictment hearing?

I am a disabled man (P.T.S.D.) who was arrested and charged with a felony assault for defending myself against someone who had been mentally abusing me (intentionally triggering me for almost 5 months). At this time I have not been indicted and the case is still in court. I have requested that my... View More

James L. Arrasmith
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answered on Feb 23, 2024

Your public defender may have a point regarding their ability to request a dismissal of the charge. Generally, it is the prosecutor's responsibility to decide whether to pursue charges or dismiss them based on the evidence and circumstances of the case. However, your public defender can... View More

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: At what age can a child choose who they want to live with?

And if the dad doesn't have his own place and live with 8 other people in a 2 bedroom trailer house can he still get custody of the child?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 22, 2024

A judge can confer with the child at the age of 12 but the judge does not have to honor the child's wishes. The judge determines what the best interest of the child. Father could still get custody even if he only has two bedrooms. It is best to work custody cases out. If you go to... View More

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: At what age can a child choose who they want to live with?

And if the dad doesn't have his own place and live with 8 other people in a 2 bedroom trailer house can he still get custody of the child?

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 22, 2024

A child can decide who they want to live with at the age of 18, when they are no longer considered a minor. In Texas, a Judge is required to speak with a child on who they would prefer to live with when that child reaches the age of 12. Between the ages of 10-12, the Judge can determine if... View More

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