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Texas Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Native American Law for Texas on
Q: Hello I'm looking for an attorney that I will assist me in fighting back a predatory lender tribal law attorney.

Can you please gave someone to call me 832.326.6476 I took out a loan for 1500 and now I'm paying 7000 back ridiculous. Any help you can give would be appreciated. It has to be illegal in Texas. How do I fight these people and not have my credit score or be legally sued. Can you assist me in... Read more »

James L. Arrasmith
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answered on Mar 16, 2023

You may also want to contact the National Association of Consumer Advocates, which is an organization of attorneys and consumer advocates who specialize in protecting the rights of consumers against unfair or abusive lending practices. Their website is https://www.consumeradvocates.org/

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Texas on
Q: Divorce mediation was ordered by Judge but I can’t afford to pay for my mediation

Judge stated I had money in my 401k and for me to pay for mediation from that account. The rules for loans from 401k don’t allow me to use the funds. What legal repercussions are there for not being able to afford mediation?

John Michael Frick
John Michael Frick
answered on Dec 6, 2022

In almost all situations, an employee can make an early withdrawal from their 401k plan to pay a mediation fee in a pending divorce case. It happens all the time.

Good luck trying to prove your 401k plan will not allow you to make an early withdrawal under such circumstances.

1 Answer | Asked in Estate Planning, Arbitration / Mediation Law and Probate for Texas on
Q: My half-brother passed away with assets in a Trust. I feel like the family has not been honest with us. Please help.

The Trust contained his home, a couple IRA accounts (they informed us of these), and a parcel of land that is leased out. His home is still listed under the Trust. We found it named in property tax records. We don't know who holds the Trust and we don't know if the Trust was amended after... Read more »

John Michael Frick
John Michael Frick
answered on Nov 3, 2022

It sounds like the attorney stopped communicating with you because he has a conflict of interest. If the attorney previously performed legal services for your half-brother related to the trust, he quite likely does have such a conflict and should not communicate with you.

You should hire...
Read more »

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Tax Law for Texas on
Q: A tax firm asks me to sign the Binding Arbitration form to petition the property tax. Will there be a problem later?
John Michael Frick
John Michael Frick
answered on Oct 28, 2022

Only if you don't want to arbitrate any future dispute you may have with the tax firm. With very few exceptions, arbitration agreements are enforceable.

1 Answer | Asked in Family Law and Arbitration / Mediation Law for Texas on
Q: How do my wife and I as managing conservators act on a final order and enforce an agreed upon action?

My wife and I are joint managing conservators of our nephew. My brother is the non custodial parent with possessory conservatorship. We make all the decisions and care for him and my brother gets visitation and gets to be informed of what is going on with his son. We are in this situation because... Read more »

Emily Daniell
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Emily Daniell
answered on Oct 18, 2022

The answer to your question will be heavily dependent upon the language in the order. Some orders will spell out what happens if a drug test is refused (it’s often treated as a positive), and will clarify possession terms based upon testing. I would encourage you to read the order carefully and... Read more »

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: I have a friend who needs legal representation for a insurance claim matter
Tim Akpinar
Tim Akpinar
answered on Jun 30, 2022

A Texas attorney could advise best, but your post remains open for two weeks. Attorneys here can't reach out to solicit your friend's matter. The format here is only question and answer, not attorney referral. But the closest thing here is the Find-a-Lawyer tab above. Your friend could... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Texas on
Q: Going thru a divorce in TX. The judge issued a Level 2 Discovery. Opposing attorney has yet to comply. What can I do?

The Discovery was the exchanging of appraisal lists within 30 days. It has been 45 days and I have yet to receive any documents from exs attorney. I wanted to know what I could do since I’m unable to retain an attorney. Just wanted some guidance and I know I need an attorney but I don’t... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 6, 2022

File a Motion to Compel the missing discovery,

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Health Care Law for Texas on
Q: husband rescheduled mediation for 6/22. I can't wait that long due to health issues/ins. How do I ask courts sooner date

Filed 3/18/22 in Montgomery County. Texas. He is removing me from insurance, I am a double transplant survivor and cannot be without health insurance. He says come June 1st I will no longer have health insurance and will not add me unless ordered by the courts. No lawyer, I am not able to work due... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 1, 2022

You need to have your family let you borrow money so you can retain a lawyer,

1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Small Claims for Texas on
Q: I am in the middle of a negotiation and need help

I am a truck driver. In one of my deliveries, my trailer was damaged by one of the employees of the warehouse. They have accepted responsibility but have neglected my claim for the diminished value of mu trailer. I was going to sell it for 70k but now due to the accident the value of the trailer... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2022

A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for the damages to your trailer. You have a number of options. The first would be the cheapest, which is trying to continue negotiations. At this point, you may have already resolved the matter. But if... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Real Estate Law for Texas on
Q: Dead divorced parents no will

Both of my parents died in 2016. They were divorced in 1982 and in their divorce decree it states the home they owned was to be put in mine and my sisters name upon turning 18 at which point we could sell or live in. My father has another child from his second marriage is she entitled to any of... Read more »

Teri A. Walter
Teri A. Walter
answered on Oct 14, 2021

The answer depends on who owned the property at the time of your parents' deaths. If you and your sister owned the property, then your parents' death doesn't give anyone else rights to the property. If your parents still owned the property, then all of their heirs (either under a... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: If I already sign a mediation but I have not gone to court yet. Can I have another mediation?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2021

A Texas attorney could advise best, but your post remains open for three weeks. It could depend on what you signed. As a GENERAL practice nationwide, mediations tend to be non-binding. But it would be best if you carefully read (or reviewed with a Texas attorney) the terms of what you signed. If it... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Employment Law for Texas on
Q: 1. If employer forces arbitration agreement for employment, can they threaten to take legal action in employee handbook?

I was questioned by HHS at our facility there investigating a report, anonymously made of neglect. I confirmed and reported other things that I knew about.

I took a lunch break and was suspended when I returned. Terminated 3 days later

They had the DRP in my suspension letter.... Read more »

David H. Relkin
David H. Relkin
answered on Aug 18, 2021

Their actions, as you describe them are odious. Yes, they are bound by the written agreement which, as you say (I believe) provides for arbitration. In addition, there may be legal impropriety in their obtaining knowledge of the HHS report.

If you like I can review the agreement for...
Read more »

1 Answer | Asked in Personal Injury and Arbitration / Mediation Law for Texas on
Q: Can a Special Master refuse the Petitioner's right to listen in on a Stutus Conference
Tim Akpinar
Tim Akpinar
answered on Jun 8, 2021

A Texas attorney could advise best, as rules for civil procedure or arbitration proceedings could be state-specific. But your question remains open for two weeks. Rules governing arbitrations could also be specific to the organizations overseeing the proceedings. As a GENERAL matter, in... Read more »

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Texas on
Q: Can I get my earnest money back in Texas?

On Feb 27, we went to see some home and we stop on Perry Homes. The seller told us the prices where going to change soon. She ask us if we had an agent and since we didn't she told her friend who is an agent an was there. He said we could sell our home and get more 100k and we where pressure... Read more »

Teri A. Walter
Teri A. Walter
answered on Feb 24, 2021

Whether you can get the earnest money depends on the terms of the contract you signed. Take it to a lawyer for review.

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Insurance Bad Faith for Texas on
Q: What can I do about a supplemental insurance company's mistake resulting in my info being sent to a coworker?

Local insurance agent put a coworker's address in my account when we were enrolling (along with at least one other typo; birthday is/was wrong). Been going back and forth with him and the corporate customer support team. I can't get a refund and terminate my account, because I cant verify... Read more »

Teri A. Walter
Teri A. Walter
answered on Jan 27, 2021

Was the agent negligent? Sounds like it. But at this point it's not clear what your damages are. If they fix the problem, you won't have any damages. No damages means no claim against the agent.

1 Answer | Asked in Employment Law and Arbitration / Mediation Law for Texas on
Q: When settling out of court, what should an affidavit state for the agreed on money and when to receive it
Tim Akpinar
Tim Akpinar
answered on Jun 22, 2020

A Texas employment attorney could best advise, but your post remains open for four weeks. As a GENERAL matter for civil claims of MOST types, there will be a form called a release to memorialize terms of the settlement. I think that's what you're talking about. The release will outline... Read more »

Q: Can I sue American Airlines for losing my luggage resulting in irreplaceable loss of property, psychological harm?

AA l ost my luggage during a international move (relocating for a job) and as a result, I have lost irreplaceable documents such as diplomas and other property. I am looking to apply for graduate school so this may have an impact on my application eligibility. Furthermore, I will never be able to... Read more »

George W. Wolff Esq.
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George W. Wolff Esq.
answered on Feb 13, 2020

Probably not

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Texas on
Q: I'm really need help,my lawyer withdraw in the middle of mediation and im brook.

Im disabled and now thay Will roll right over me.im trying to get division of assets sure I can survive 401k and investment fund s

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2020

I'm sorry for your difficult situation. Texas attorneys would be most knowledgeable in directing you toward resources that might be helpful, but your post remains open for two weeks. Until you're able to reach a Texas attorney for meaningful input, maybe you could start looking at... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Texas on
Q: As a dad that has been divorced for 3 years, I have questions on my rights because it seems like i have none.

my son lived with me for 2 years and I did not recieve any financial help from the mother. Now he lives with her and the Attorney general is taking more than 50% of my paycheck to pay back what they think I owe for the 2 years he was with me. I have zero problem paying my child support I just cant... Read more »

Jon R. Boyd
Jon R. Boyd
answered on Dec 9, 2019

I understand.

You really need to just talk to a lawyer for an hour, let me/him/her read your prior order, answer your questions and make recommendations.

I've been helping Fathers for 25 years. I'd be glad to help if you want to call me office and set up a time to...
Read more »

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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Federal Crimes and Landlord - Tenant for Texas on
Q: I have had tree individuals who have collaborated together and managed to get access to all my things legal,bank, leases

Bruce GArrison a attorney, Eden Mckenney, Hugo Salguero managed to hack into my bank account taking thousands of dollars and transferring the money directly into there personal accounts. The destroyed all Video surveillance before helping themselves to whatever they wanted including but barely... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 31, 2019

Your story seems over-the-top but I seem to recall that there was an attorney named Bruce Garrison who was forced to give up his law license about 10 years ago in Austin so I am inclined to give you the benefit of the doubt.

The text of your question is so mixed up that I'm not even...
Read more »

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