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Texas Civil Litigation Questions & Answers

1 Answer | Asked in Civil Litigation and Estate Planning for Texas on

Q: If an estates assets are much less than it’s liabilities, how does the personal representative handle the creditors?

The estate has $12k. The debt is $40k

Terry Lynn Garrett answered on May 31, 2019

The Texas Estates Code requires that debts be paid in a certain order. There are eight classes. When the personal representative does not have enough in the estate to pay a class, the remaining funds are paid to the creditors in that class pro rata. It might be a good idea to consult a local... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on

Q: How long does The State have to take u to court. I was told i had a warrwnt by a bondsman. I was release frim jail by

By the judge at arraignment. She said there were to many indescripences in my case. Then 3 weeks later the bondsman called the judges office and they issued me a bond. I did a walk thru at the jai. That was in january this year. But i havent hear from any court appointed attorney or anything.l... Read more »

Kiele Linroth Pace answered on May 29, 2019

Two years on most misdemeanors and three years on most felonies... however there are some exceptions. The only way to be 100% sure is to check the statute of limitations in chapter 12 of the Texas Code of Criminal Procedure.

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.12.htm...
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1 Answer | Asked in Civil Litigation and Criminal Law for Texas on

Q: Possession of drug paraphernalia. I’m 16 but will be 17 when I go to court. Will I be counted as a minor or adult? In TX

I got pulled over and had a grinder in my car. Got the citation for drug paraphernalia and scheduled my court day. Right now I am 16 but I will be 17 when I go to court. Will I be counted as a minor or adult ? Does it matter? Can I get this charge off my record?

Kiele Linroth Pace answered on May 21, 2019

They'll go by your age at the time of the offense for a misdemeanor. If it had been a felony there is a chance it would transferred into adult court.

If the case is dismissed you will be eligible for to file for an expunction that will actually destroy the records. If you are...
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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Antitrust for Texas on

Q: Vehicle was hit by another vehicle. Took it to paint shop. Went over the insurance estimate and removed a few items to s

Save some money. When I went to pick up my vehicle all the repairs were done very bad. Very bad.

Then when I got the final invoice the paint shop has changed all the numbers around to make the final bill to equal the original estimate.

Which they had already sent a supplement to... Read more »

Gary D. Peak answered on May 9, 2019

The question is, do you have your vehicle or is it still at the shop? If they still have it I would get an attorney to write a demand letter for the car and regarding the bill. If not, you can simply refuse to pay and if they report it to the credit bureaus then sue them, or if they sue you, file... Read more »

2 Answers | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for Texas on

Q: Why is it that lawyers get such a high percentage of people's settlement I mean don't get me wrong they deserve some but

But they are not the ones that are in pain and I have a law firm that is very rude to me when I call to cheek on the status of my case and no I call maybe every other month and I have never seen or talked to a lawyer only a case manager I feel like they are not handling my case propperly I have... Read more »

Gary D. Peak answered on May 6, 2019

Schedule an in person appointment and go visit with your attorney. Write out the questions you want to ask them so you don't forget any.

One to ask is when is the case going to mediation and why haven't we mediated already? Most cases settle at mediation.

Now, that said, personal...
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1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Construction Law for Texas on

Q: If you haven't been sued can you be made to answer personal questions in regards to another lawsuit that your fiance own

My partner is a builder and has been sued and the opposing counsel is asking about my involvement and asking me to give up personal information about myself. Example my bank account information and if i have opened new bank accounts.. is this legal

Matthew Valley answered on Apr 18, 2019

Is it legal for an attorney to ask you to provide access to your personal financial information? Probably yes. If you asking whether you legally have to provide him with that information, it depends. During a civil lawsuit, Texas law permits parties to pursue information from third parties that... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Securities Law and White Collar Crime for Texas on

Q: Does an Agreed Order end all disputes between two parties, meaning they cannot rehash it out at another time?

My attorney and my lenders attorney signed an agreed order revoking a substitute trustee sale snd ejoining them from non judicial foreclosure on a certain date. A year after they sell my house. Should the Agreed Order stopped them? Will that fact affect it now because it was supposed to resolve... Read more »

Bruce Alexander Minnick answered on Mar 27, 2019

Before you attempt to assert my answer as being 100% correct, I need to advise you either to read the entire "Agreed Order" and figure it out yourself, or ask your current lawyer, or hire a different Texas lawyer to explain what appears to have happened in your old foreclosure case.

My...
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1 Answer | Asked in Civil Litigation for Texas on

Q: My issue is with AC contractor that caused water damage to my residence 7500.00 His insurance is only willing to settle

His insurance SF will only settle for 4700.00 The company owner and I have a verbal agreement that he would pay for damages ,but I believe he does not know what his coverage is. I am unable to pay the difference for repairs and have gotten bids on repairs that are lower than SF adjuster... Read more »

Bruce Alexander Minnick answered on Mar 26, 2019

To be successful, every property insurance company in the world must discount the value of repairs based upon "depreciation" which takes into account the age of the equipment, condition of the equipment and other factors.

If you can get the job done for under the amount the insurance...
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1 Answer | Asked in Family Law, Real Estate Law and Civil Litigation for Texas on

Q: Father/death. Mom decides to write her testament. County judge says,we need to sign a Waiver of Citation.What if I do?

Texas Case

Note: Other relatives are helping on the process. I have not yet received the "Application to Determine Heirship" still my relatives want me to sign the document without me questioning. Why is that I have to sign the document and what will happen if I do?

Letter says:... Read more »

Tammy Lyn Wincott answered on Mar 26, 2019

You should consult with a probate attorney in your area. If you sign the waiver as is, you may be giving up rights that you don't want to, i.e. notification of hearings, etc.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on

Q: I was arrested on a warrant that was refused by the DA and was to be recalled by the issuing JP. Do I have any recourse?

I went to get finger printed for a FBI background check and was arrested on March 6 2019 at the Cedar Park Police Station for a warrant that was issued out of Grimes County in 2015, but the DA refused to prosecute it then and it was to be recalled. I have received a letter from the DA stating the... Read more »

Kiele Linroth Pace answered on Mar 20, 2019

Talk to a civil rights attorney that handles "Section 1983" lawsuits against the police.

It sounds like Cedar Park just arrested on a warrant they found in the system, which is what the are supposed to do. The responsibility of recalling the warrant should have fallen to someone in the...
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1 Answer | Asked in Civil Litigation, Traffic Tickets and Small Claims for Texas on

Q: My license was suspended do to a traffic accident in 2016 and judgement for damages. Can I reinstate if unpaid?

Judgement is over 2 yrs old and creditor is not willing to set up a reasonable payment plan for me to reinstate my DL. How if at all can I get anything done?

Grant St Julian III answered on Mar 1, 2019

You can petition for an occupational driver's license. This can be done at a Justice of the Peace or County Court at law. Calling an attorney may help. Good luck.

1 Answer | Asked in Civil Litigation for Texas on

Q: If land was willed to my Mother in the state of Texas, does she have to sell her land because the executor wants to buy?

There are 5 children in which this 67 acre land and home were left to in equal shares.

Tammy Lyn Wincott answered on Feb 20, 2019

First, the will must be admitted to probate before an executor obtains any power. Second, an executor may not buy the land without the agreement of all heirs otherwise there may be a conflict of interest. I suggest meeting with a probate attorney as it may be necessary to file a suit for... Read more »

1 Answer | Asked in Criminal Law, Products Liability and Civil Litigation for Texas on

Q: Looking to file a restraining order on 2 people who are not family related. One's wanted and the other have a criminal

They trespassed onto my property and tried to destroy my security camera that's attached to the side of my house.

Kiele Linroth Pace answered on Jan 29, 2019

If you sued these two people then you can ask the judge in that case to issue a temporary restraining order, but it will expire when the case is over.

If you did not sue them then contact the Justice of the Peace court for your home address and ask about the requirements for a "Peace Bond"...
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2 Answers | Asked in Banking, Civil Litigation, Criminal Law and Federal Crimes for Texas on

Q: How do I get defense from electronic harrasment from organized criminals using electromagnetism

Kiele Linroth Pace answered on Jan 28, 2019

A "Faraday cage" can shield against unwanted electromagnetic intrusion but that is a discussion for a science and physics forum.

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1 Answer | Asked in Civil Litigation and Elder Law for Texas on

Q: My step brother has had my grandmother transfer land and possibly other property to him and she doesn’t remember it

I have contacted APS should I also contact the police and DA ? And will I have to file a civil suit to get the property back ?

Terry Lynn Garrett answered on Dec 24, 2018

Contact APS. Take your grandmother to her physician. Ask him to complete a Physician's Certificate of Medical Examination (available on my website or from any probate court or Approved Guardianship Attorney). Hire an attorney to possibly file (1) a correction deed, (2) a Motion for a Temporary... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for Texas on

Q: How strong of a case do I have when charging for criminal trespass and property damage(possibly criminal mischief)?

About a month ago, my neighbor tried to break into my house. We caught him on camera trying to push open my back sliding glass doors. I was home and caught him. He lied and told us he was looking to work on an AC in the area. Told cops later he was unemployed. He got into the back yard by breaking... Read more »

Kiele Linroth Pace answered on Dec 18, 2018

If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision... Read more »

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Real Estate Law for Texas on

Q: I need to know how to find the standings of a litagation and possibly estate probate case .

One party lived and died in California the other lives in Texas. There was a boyfriend I was told he didn't want the brother to know immediately upon her passing. And if I was to receive any notices of this case in my county how would I know?

Terry Lynn Garrett answered on Dec 16, 2018

Check with the probate court (which may be the county court) where the estate is being probated.

2 Answers | Asked in Civil Litigation, Divorce and Family Law for Texas on

Q: My son signed a mediated settlement agreement he was uner duress and felt that he had to sign because he had arrest for

Misdemeanor possession of controlled substance they want urine and hair follicle test before he can visit his kids is this legal

Rahlita D. Thornton answered on Dec 1, 2018

Generally, mediated settlement agreements are binding on all parties who signed the agreement. With the limited information provided it is probably unlikely that he can get out of that agreement.

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1 Answer | Asked in Immigration Law, Personal Injury and Civil Litigation for Texas on

Q: What options does an individual who was wrongly banned from the US for 10 years have?

After completing the ban, evidence to prove that the ban should not have been placed at all was found.

Hector E. Quiroga answered on Nov 19, 2018

Without knowing why you were banned, it’s hard to say. Usually, though, you have to wait out the 10 years, unless you have a qualifying relative through whom you can request a waiver.

1 Answer | Asked in Civil Litigation, Tax Law and Family Law for Texas on

Q: My spouse and I hv been filing our taxes jointly. Do I need her explicit approval to release the tax statements to any1

My sister has a visa appointment for an F1 visa at the US consulate. She has already secured admission to a school in the US. She was asked to bring the last 2 year tax statements of her sponsor to the US consulate for her interview. My spouse and I have marital issues and she has threatened me... Read more »

Tammy Lyn Wincott answered on Nov 5, 2018

You each have a right to a copy of your tax returns. Speak with the immigration lawyer.

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