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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: What liability do I have if I sold a car to someone but someone else owns the title?

I sold a car to someone and they never transferred the title. A couple of days later, I mistakenly signed over the title to a dealership when I bought a new car. (I thought I was being given the option to turn in the car OR pay the trade in value of $1,000.) The dealership filed the title with the... Read more »

John Michael Frick
John Michael Frick
answered on Dec 4, 2022

You likely have both civil and criminal liability. But I’m finding it difficult to follow how this happened.

When you sell a car to someone else, you sign the back of the car title, fill in the buyer’s name and odometer reading, and give the buyer the title and possession of the car....
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1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: how can i get out of cotact to sell my home
Tim Akpinar
Tim Akpinar
answered on Dec 3, 2022

A Texas attorney could advise best, but your question remains open for four weeks. Although posted under civil litigation, you may want to reach out to real estate litigation attorneys at this point instead of losing further time awaiting a response. It would be difficult for anyone to advise on... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Texas on
Q: I live in Dallas and approximately two years ago my husband and I were scammed into a solar panel lease.

About two years ago we got solar panels. The representative promised us that this was a good investment because we would never receive an electric bill again. Overall what convinced us to get the solar panels was that he told us we would get a 26% cash back check when it was tax season and it would... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I am working on a case like this currently and am preparing to sue the solar panel provider as well as the finance company that financed the loan for the equipment. You may have a several valid causes of action here, but I would need to read your contract to make a determination.

1 Answer | Asked in Civil Litigation for Texas on
Q: Can one file for a dismissal in a civil case when one does not cooperate after an order from a judge?

The plaintiff's attorney refuses to attend mediation ordered by a judge. Can I file for the case to be dismiss on those grounds?

John Michael Frick
John Michael Frick
answered on Nov 29, 2022

No, but you can file a motion to enforce the mediation order.

1 Answer | Asked in Civil Litigation, Health Care Law and Public Benefits for Texas on
Q: Is it appropriate if a big public hospital only let people pay parking fee using an app? Is it a discrimination?

Only accept payment using app

No credit card payment or human service at the gate

Only very simple instruction of payment at the gate and not very eye-catching

No payment instruction anywhere in the hospital, like inside elevator or entrance of building.

No payment... Read more »

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Many parking lots are quickly becoming pay by app. It’s easy. It’s convenient. It’s efficient.

I don’t see how it discriminates.

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Texas on
Q: I'm staying in a weekly room and I currently got overcharged on a pandemic crisis $800 for one week when they only charg

When they are in charge 400 a week on the neighbors said telling me that they have brought me I'm so I'm trying to think should I make them serve me court papers and say cuz they're still trying to charge me

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 17, 2022

This sounds like a matter of civil law rather than criminal law. This type of dispute does not typically become criminal unless there is an accusation of trespassing or property damage. Even an eviction, if they go that route, is a matter of civil law. It may be faster, easier, and cheaper to... Read more »

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1 Answer | Asked in Civil Litigation and Animal / Dog Law for Texas on
Q: What do I do about a leaser leaving cattle on my property and not feeding them and abandoning his cattle.

I have asked several time for him to remove the cows by phone because the cows are getting out searching for food, but now he has blocked our numbers. Three other families are feeding these animals, but his excuse was that he had gout and couldn’t. I just need advice on how to get them off my... Read more »

John Michael Frick
John Michael Frick
answered on Nov 9, 2022

You should report the abandoned cattle to your local sheriff's office. If you just want the cattle gone, they will notify the owner and then impound the cattle if they are not removed within five days.

You may be entitled to a redemption price but, as you obviously do not handle...
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1 Answer | Asked in Civil Litigation for Texas on
Q: How do I find a civil case filed in the federal courts?

I have the case number just don't know where to look.

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

The federal courts have an electronic case filing system called PACER. You can find most court papers from recent cases (ie past 20 years or so) on PACER. You have to set up an account or use one at the courthouse or at a local library. There is a small fee.

1 Answer | Asked in Civil Litigation and Civil Rights for Texas on
Q: Can a scheduling order, requiring ADR pursuant to rule cv-88, be delayed or deterred if a party files a summary judgment

I have a civil case in federal court. A scheduling order has been issued. ADR was mandated. Neither party conferred. Summary judgement was granted in favor of adverse party 6 months after the ADR was supposed to be held. Can the summary judgement be overriden due to failure to comply with the... Read more »

John Michael Frick
John Michael Frick
answered on Nov 5, 2022

It is unlikely the summary judgment will be overridden because the parties failed to participate in ADR.

It might have resulted in postponing a ruling on the motion for summary judgment if it had been properly raised as an issue before the ruling was made. The failure to timely raise the...
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1 Answer | Asked in Civil Litigation for Texas on
Q: Who's decision is it whether a case is with or without prejudice?

If I filed to drop a counterclaim should I add to it without prejudice? Or doesn't it matter? The Judge is the one who makes the decision on that correct?

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2022

A Texas attorney could advise best, but your question remains open for three weeks. Until you're able to arrange a consult with a Texas attorney for a meaningful review (which is what should be done), the short answer in most jurisdictions is that it's the judge's call. In general... Read more »

1 Answer | Asked in Civil Litigation for Texas on
Q: Do I need to reply to a Motion for Summary Judgement?

The defendant filed a counterclaim, but plans on submitting something to drop the counterclaim. The plaintiff filed paper work to dismiss it and also a motion for summary judgment. Does the defendant need to respond to the motion for summary judgment if he is dropping the case. If he does, is it... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2022

A Texas or California attorney could advise best, but your question remains open for three weeks. You should consider consulting with an attorney in the applicable jurisdiction for this. If someone is filing a motion for summary judgment against you, it is not often used to help you. It is... Read more »

1 Answer | Asked in Civil Litigation and Construction Law for Texas on
Q: We had a contractor do some work. inspection done, not great, can we sue for the labor we paid.

We had a contractor come in to remove existing framing and put in new framing per plans. Most of the studs are anywhere from 13 to 21 inches apart and warped studs, per inspector. He also did not follow plans. We do not want this contractor back on the property. Can we sue for labor and cost of... Read more »

John Michael Frick
John Michael Frick
answered on Oct 25, 2022

When a contractor does non-conforming work, you have the choice of either accepting or rejecting such work.

Non-conforming work is work that is not defective but which fails to conform to the plans.

Think you wanted the paint to be salmon in color but instead they used coral...
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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Texas on
Q: I need a pronoun lawyer we paid 79,000 for land and found the lady trying to sell it again to someone else.what do I do?

My mother paid for a property and there are squatters that won't leave we can't get on the place.The lady we gave her life savings to spent all the money so we can't get our money back and now she trying to sell it to someone else she scammed us out of the money cause come to find... Read more »

John Michael Frick
John Michael Frick
answered on Oct 24, 2022

First, make sure that the deed to you when you bought the property was properly recorded. Usually, the title company who handled the closing does this correctly. Often, when people don’t use a title company, they fail to properly record the deed.

Second, hire a title company to perform...
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2 Answers | Asked in Criminal Law and Civil Litigation for Texas on
Q: My mom is holding my ID documents. I am 24. They were sent to her house and now she won't give them to me. What can i do

She's opened my mail before. She lives in MS. I live in TX. I don't have concrete evidence, only that I get my mail from her opened. Now she is refusing to give it to me.

John Michael Frick
John Michael Frick
answered on Oct 21, 2022

Litigation is expensive.

You should notify the United States Postal Service of a change of address from your mother’s to your current address.

https://www.usa.gov/post-office

Then, apply for a new Texas Identification Card using your current address and not your mother’s...
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1 Answer | Asked in Civil Litigation and Education Law for Texas on
Q: hi i have a question I am a student at a school can i record at school because it is a public place for my own use

because the first amendment and the school can they go against the constitution if the make a policy

John Michael Frick
John Michael Frick
answered on Oct 19, 2022

If a school does not have a rule or policy against it, you may make a video recording in the public areas of a school.

To make an audio recording of a conversation, you must have permission from at least one of the parties to the conversation. For example, you can record a conversation...
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2 Answers | Asked in Civil Litigation for Texas on
Q: I was in a relationship and bought a car. My ex boyfriend's name is on the title, what are my rights?

I bought the car with cash and my name was used to purchase vehicle because the temporary plates were in my name but when we went to get the new plates he put it in his name. I have the statement from the bank showing my withdrawal for the purchase. He also doesn't have insurance on the... Read more »

John Michael Frick
John Michael Frick
answered on Oct 19, 2022

You should have your ex-boyfriend sign the title over to you, and then go register the vehicle in your name.

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1 Answer | Asked in Civil Litigation for Texas on
Q: Retained an Attorney and has not 1 thing or abided by his contract (11/2 years ago but take $5000. Can anything be done?
John Michael Frick
John Michael Frick
answered on Oct 3, 2022

Yes. You can send the attorney written notice terminating his services, demanding a final invoice for all legal work the attorney has performed to date on your behalf, requesting a copy of your legal file (which I suggest you ask for in electronic form), and requesting a refunds of any unused... Read more »

1 Answer | Asked in Civil Litigation for Texas on
Q: Can I drop my civil counterclaim?

There was a partial summary judgement hearing today and it was granted against us (defendants). Their lawyer stated they wanted exemplary damages, no lawyer fees and that our counterclaim was still set for the November 1 st.

Can I just drop my counterclaim, I want to be done with this... Read more »

John Michael Frick
John Michael Frick
answered on Sep 29, 2022

In you feel that your counterclaim is not meritorious or that trying to pursue your counterclaim might cause a higher award of exemplary damages, it may be tactically wise to non-suit your counterclaim.

Be aware that non-suiting your counterclaim will not automatically deprive the plaintiff...
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1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: first time being sued what do i need to look for and what if i cant afford one upfront

being sued for 100k and im in debt and barely getting back on my feet while trying to survive while. its my first time im being sued , what kind of lawyers do i look for and im pretty poor and i see lawyers are like 300 or more an hour. i feel like im drowning but need to know what to do

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

You should look for a civil trial lawyer a/k/a litigator with experience defending debt collection cases like yours who practice in or near the county where you have been sued. The Texas Board of Legal Specialization certifies lawyers in civil trial law, in personal injury, and in consumer and... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for Texas on
Q: Is 8 yrs a bit much for a civil suit to carry on with a pharmaceutical company & little communication with the lawyer?

I am not even aware if he put me on my own suit or lumped me into a class action. Only communication ever is me emailing a inquiry once a year to them and usually the same reply. Waiting for negotiation. How many years does this take and shouldn't I hear about this from the attorney? Be... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2022

A Texas attorney could advise best, but your question remains open for a week. These cases could take longer than other types of injury cases, such as less complex car accident cases. An individual case could become one of hundreds in ongoing multidistrict litigation. Cases could be reassigned from... Read more »

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