Lawyers, Answer Questions  & Get Points Log In
Texas Business Law Questions & Answers
2 Answers | Asked in Small Claims, Business Law, Civil Litigation and Trademark for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

Sean Goodwin
Sean Goodwin
answered on Apr 30, 2024

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

View More Answers

1 Answer | Asked in Business Law for Texas on
Q: I was promised by a company rep that they had a 30 day refund policy prior to purchase

Salesman had me complete purchase away from front desk where return policy is located. Then when tried to return they state they have a "no return policy". I have audio recording of rep stating I could return within 30 days, as discussed, on day I was trying to return.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Sounds like you have good solid evidence to support your claim that a term of your purchase was the right to return the merchandise for a refund within 30 days.

1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: What legal weight do I have should a business ownership dispute require legal mediation?

My partner and I share 50/50 of a business we just started. We are mere weeks away from our first sale and now his wife wants 4% ownership of the company, which they both expect me to give up 2% to her because she came up with the idea. In the beginning she said she didn't want to be an owner,... View More

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2024

A Texas attorney could advise best, but your question remains open for two weeks. But this may be a difficult question for any attorney to answer in the brief format of this Q & A forum. If you reached out to attorneys, it's likely that instead of a quick yes or no answer, law firms would... View More

2 Answers | Asked in Business Law, Communications Law and Consumer Law for Texas on
Q: Can I sue my university my media advertising major went obsolte the year I graduated 2010
John Michael Frick
John Michael Frick
answered on Feb 16, 2024

It is highly unlikely any such lawsuit would be successful.

View More Answers

1 Answer | Asked in Business Law for Texas on
Q: Is it more effective to have 2 attorneys send demand letter for short pay of contract when the cost is not that much?
John Michael Frick
John Michael Frick
answered on Jan 29, 2024

Probably not. Having one attorney send a demand letter probably satisfies any legal requirement and has as much of an impact as having two different attorneys send similar demand letters.

1 Answer | Asked in Business Law, Contracts and Small Claims for Texas on
Q: My Dell computer package was stolen off of my porch, there were no witnesses.Dell won't help and I'm stuck owing $800?

I ordered a laptop from Dell and when it was supposedly delivered I opened the door and nothing was there I was told to file a claim with the police by Dell because it was assumed to be stolen. There was no real investigation to my knowledge and Dell marked the case as fraud. The laptop was $800... View More

Darryl "D" Shaper
Darryl "D" Shaper
answered on Nov 9, 2023

did you see if your credit card company has any protections for lost or stolen purchases? Some do.

1 Answer | Asked in Business Law, Construction Law, Employment Law and Landlord - Tenant for Texas on
Q: Need to know about plumbers not explaining anything to tenants as pertains to the Texas law.

I have a property management company who is threading to stop useing my services because I told the tenant then water heater needs replacement. I have a special needs child and a split if wife . They constantly threaten me with this as I am a new company ? But have worked with same property... View More

John Michael Frick
John Michael Frick
answered on Nov 7, 2023

I see no legal issue. A property management company can stop using a plumbing contractor if they want to. A plumber can tell a tenant a water heater needs to be replaced if it does.

1 Answer | Asked in Consumer Law, Business Law, Elder Law and Energy, Oil and Gas for Texas on
Q: I have an elderly neighbor who was overcharged for solar panels. Can he sue for any recovery of the diffetence to ave?

He also was not properly advised how to get savings and his bill went up from what it was. Plus he was not advised to change insurance coverage and was denied assistance when damaged diring warranty period.

Aimee Hess
PREMIUM
Aimee Hess
answered on Oct 13, 2023

A consumer law or energy attorney will need to review his contract and loan documents in order to determine what his rights are.

1 Answer | Asked in Criminal Law, Employment Law and Business Law for Texas on
Q: I work for a hotel chain which is individually owned operating under a well known corporation. ( La Quinta Inn and Suite

I work for a hotel chain which is individually owned operating under a well known corporation. ( La Quinta Inn and Suites by Wyndham ) Wyndham offers members the ability to earn points on each stay that can be used for discounted rates/free nights. as a desk agent, I have the OPTION, not mandatory... View More

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

Clearly yes. You intentionally took something of value that did not belong to you without the owner's consent. You should hire a criminal defense attorney ASAP.

1 Answer | Asked in Contracts and Business Law for Texas on
Q: Do both parties need to be present when a POA form is notarized?

My buddy is incarcerated and wants to sign a power of attorney naming me his agent so I can assist with his financial duties and whatnot. I know they have a notary public that works at the jail he's incarcerated at so that's not a problem. My question is, can I fill out my portion of the... View More

John Michael Frick
John Michael Frick
answered on Aug 15, 2023

A POA is completed and signed only by the principal (your buddy) before a notary public. There is no portion of the form for the agent (you) to fill out or sign. So you do not need to be present when your buddy fills out and signs the POA.

2 Answers | Asked in Tax Law, Business Law and Trademark for Texas on
Q: Wanted to know about the sales tax in Texas.

How can I apply for a sales tax permit ?

John Michael Frick
John Michael Frick
answered on Aug 1, 2023

Online at https://comptroller.texas.gov/taxes/permit/

View More Answers

1 Answer | Asked in Business Law for Texas on
Q: Is a non compete in breach if someone’s business is in another county but they took one of your clients?

My business that I just purchased is in the same county as the client that was taken by the former owner and they (the former owner) have another location one county over.

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

It depends on the geographic area specified in the non-compete.

1 Answer | Asked in Business Law and Civil Litigation for Texas on
Q: Am I legally obligated to return equipment to a company I turned down?

I turned down a job offer and communicated to the recruiter. 1 week later they send me the equipment. I have emailed them to have the equipment picked up with no response. Am I legally obligated to return it or can I use it or get rid of it?

Tim Akpinar
Tim Akpinar
answered on May 3, 2023

A Texas attorney could advise best, but your question remains open for four weeks. You don't want to simply get rid of the equipment. They could likely sue for recovery of the value. If the items are not bulky, such as laptops or monitors, ask the company for a shipping label. Good luck

2 Answers | Asked in Business Law and Contracts for Texas on
Q: my contract says I can cancel at 05/02 in big bold print but the manager says I have to wait 60 days is that legal

It's a gym contract, I'm being told two different things

John Michael Frick
John Michael Frick
answered on Apr 24, 2023

When there is a difference between what you are being verbally told and what is clearly stated in a written contract, go by the written contract.

View More Answers

1 Answer | Asked in Business Law and Employment Law for Texas on
Q: Is it illegal for a company to force you to use personal items for company business?

If the company you got a job at makes you use your own personal phone for company business and refuses to pay for said use, is that illegal? If no, why. If yes, then how can I make them pay?

John Michael Frick
John Michael Frick
answered on Apr 23, 2023

No it is not illegal. There is no law that requires a company to provide employees with a phone. If you do not have an agreement with your employer that requires it to provide you with a phone, the employer can require you to use your own phone.

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Operating agreement expired 06/22. Decided not to continue & distributed profit removed members they demanding close LLC
N'kia (NLN)
N'kia (NLN)
answered on Apr 7, 2023

It's not clear exactly what your question is. You may want to try posting again and including a question. Good luck!

2 Answers | Asked in Copyright, Tax Law, Business Formation and Business Law for Texas on
Q: Where can i file the cheapest LLC in Texas?
John Michael Frick
John Michael Frick
answered on Mar 12, 2023

All limited liability companies are registered with the Texas Secretary of State. The filing fee is the same statewide.

View More Answers

1 Answer | Asked in Business Law for Texas on
Q: Planning to start an LLC, a partnership of 3 different people in the state of Texas

One of the partners is a green card holder, and the other two are not American citizens or green card holders.

The Company is already working in London and Dubai. Which is better, to branch in the USA or to start a "Partenership LLC" in the USA? We are not sure which would be a... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 17, 2023

Your question will require a meeting with a business attorney. There is a lot to discuss and a number of questions I have.

1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for Texas on
Q: A partner stole my corporation The judge gave it back to me. He files bk while it’s mine. I have all the proof

I need a lawyer iif we would of finished the billl of review we would of won ? evidence was presented, and Court found that I was the only owner of my company 4 days later ex partnerfiled filed bankruptcy on behalf of my company just four days after this Court told him that he did not own it. I... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

If you still own the business, simply move the Court to dismiss the bankruptcy as unauthorized.

1 Answer | Asked in Business Law, Consumer Law and Contracts for Texas on
Q: Can I sue for posession of titles if a lease agreement is predatory.

I have several leases for Semi trucks thru a company called Drivenow. I purchased them for a certain amount of years and a certain price. I have been paying some of these for way longer then the term of the loan and the balance seems to never come down. Now after paying for these trucks for longer... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim here. I need to read your contracts, see your rate, and review your payment records.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.