T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2023

In Texas, the division of assets during a divorce is generally guided by community property laws. Community property laws dictate that most property acquired during the marriage is considered community property and is subject to equitable distribution between the spouses upon divorce.... View More

In most of these cases, you need to sue the individuals and/or companies that perpetrated the scam on you. In many cases, it can be very difficult to identify the scammers as they are often not in the United States. That can also make it very difficult to serve them when they can be identified... View More

No, your bank cannot withhold a mobile check deposit without any reason. It seems likely that there is a reason, but the individuals with whom you have been communicating do not know what that reason is or are prohibited from discussing it with you.

It is not uncommon that rank-and-file... View More

Texas doesn't care what Maryland says, and if this was a trial court, no other judge in Maryland would care, either.

Yes, you can sue the person that you wrongly sent the Zelle payment to to get it back. At common law, this type of action was called "assumpsit." Now, it is clumsily called "money had and received."

My previous answer, of course, assumes that there is a valid agreement cross-collateralizing the loans. Your security agreement would have to include such a provision. Typically it would say something like "any collateral pledged to secure any obligation of Borrower shall also secure any... View More

There is a difference between having a joint credit card and being an authorized user on someone else's credit card.

With a joint credit card, two (or more) individuals agree with the company issuing the credit card to be jointly responsible for all charges made on the credit card.... View More

That sometimes happens, especially if you cant put a big enough down payment to cover the depreciation in value of the car over the term of the loan

Go to the bank and withdraw the funds on deposit.

Then go to a different bank and open a new account

One parental right specifically stated in the Family Code is “the right to the services and earnings of the child.”

You have two issues.

First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.

You can have your brother removed as... View More

The settlor of the trust (in this case, your grandmother) chose the trustee and any substitute trustees in the event her first choice (presumably your father) does or is removed for cause. From your question, it sounds like your sister was the first substitute trustee selected by your grandmother.... View More

Most divorce decrees contain a provision requiring each of the divorcing spouses to execute necessary instruments to effect the property division contained in the divorce decree.

You may be able to secure an order from your divorce court compelling your ex to endorse the check.

Since Texas is a one-party consent state, record every conversation you have with every representative of each party. Keep the entirety of each recording and turn all of the entire recordings over to your attorney.

Do not sign anything unless it has been reviewed and approved by your... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

You may be able to get your lump sum payment by contacting the Social Security Administration (SSA) and explaining the situation. It is possible that they can help you by transferring the money into an account in your name. However, the process may require some documentation to prove that you are... View More

Yes. If you’ve accurately traced the IP to a particular company, you can sue them for whatever funds they have removed from your account without your consent.

You should probably bring proof that you fully paid off the signature loan to your bank. Credit bureau reports probably aren’t enough. You probably need to bring loan statements from the signature loan itself.

I would need to review your contract.

A bank is not required to honor a check dated more than 180 days before it is presented. A bank may honor the check anyway if it confirms funds are available.

There are some exceptions to this general rule. For example, checks from the US Treasury like tax refund checks are valid for one... View More

Your post is confusing. Your boyfriend at the time paid your bills for 3 months when you were unemployed. You broke up in March 2022. He reported *what* as fraud? What does this have to do with your credit rating? You didn't connect the dots or dots are missing.