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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Criminal Law for Texas on
Q: I want to raise money for a charity organization I volunteer for. Am I allowed to go out on campus (I attend UT Austin)

And play my guitar and sing to try and raise money? Is that illegal? Is it illegal to do so in any public area in Austin?

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 15, 2019

If you attend UT, then ask the office of the dean of students or whichever office is in charge of all those activists on the West Mall.

1 Answer | Asked in Civil Litigation, Real Estate Law, Consumer Law and Criminal Law for Texas on
Q: I moved in with someone who already had a lease. I gave them my portion of rent and they used it for personal not rent
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 15, 2019

With regard to Criminal Law, you being there is not Criminal Trespass, regardless of your status on the lease, as long as you have lived there long enough to be considered a "resident." Is your toothbrush there? Is your mail delivered to that address?

Any other issue between you and...
Read more »

1 Answer | Asked in Civil Litigation for Texas on
Q: Can a lawyer be held responsible for filing a fraudulent lawsuit even at the request of their client (Plaintiff).

If the client (plaintiff) is found guilty of discrimination can the lawyer be included in counter suit if the lawyer knew of the defendant's disability prior to filing the lawsuit against the person with the disability

Tim Akpinar
Tim Akpinar answered on Nov 9, 2019

This is something a Texas attorney would need to advise you on, but your question remains open for two weeks. As a general matter, a lawyer can be held responsible for filing a fraudulent lawsuit. Lawyers are expected to use judgment in assessing the validity of lawsuits brought before them by... Read more »

2 Answers | Asked in Civil Litigation and Estate Planning for Texas on
Q: can i remove my brother as executor of my moms estate
Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 30, 2019

If your mother named your brother and the court appointed him, only the court can remove him. You can petition the court to remove him if he has not produced an accounting within 60 days following your demand after 15 months or if he has not distributed the estate after two years or if you have... Read more »

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1 Answer | Asked in Divorce, Family Law and Civil Litigation for Texas on
Q: Case dropped by opposing attorney

I drove just over 2hrs to court this morning only to have the opposing attorney tell me she has to drop the case due to another bigger case. Do I have any recourse in this situation? She said that eventhough it was dropped I would have to return to court around mid December time frame. Is this... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 30, 2019

The case just may just be reset. Call the court coordinator to confirm the court date and what it is set for. Good luck 888-343-4529.

1 Answer | Asked in Civil Litigation, Estate Planning, Real Estate Law and Small Claims for Texas on
Q: CAN I TAKE THE EXECUTER OF ESTATE AWAY FROM HIM? HOW DO I DO IT. CAN THEY SELL HOUSE WITHOUT MY PERMISSION?

IN FEB. OF 2016 MY MOTHER ASKED ME TO COME STAY WITH HER TO HELP CARE FOR MY STEPDAD WHO WAS ON HOSPICE AND HAD ONLY A FEW WEEKS LEFT TO LIVE .MY 4 BROTHERS ALSO AGREED..SHORTLY AFTER MY STEPDAD DIED MY MOTHER WAS ALSO DIAGNOSED WITH CANCER SO SHE ASKED ME TO MOVE IN INDEFINETLY. SO I PACKED UP... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 30, 2019

One can't just make themselves Executor of an estate without actually going to Court and asking the Court's permission to do so. If there has been no petition to the Court then that is where everything starts.

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Texas on
Q: Do I need to hire a lawyer?

I hired a contractor to build a driveway for a property my brother owns. After going back and forth I have asked him to finish the driveway by supplying more rock. I still owe him $4800 which I am refusing to pay until the job is finished. He dug the drive to deep and did not put enough rock in... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

That's a decision that's up to you. If the two of your bring lawyers into the fray, between the two of you, you could easily chew through your amount in dispute of $4,800 between intakes, document reviews, drafting summons and complaints, answers, depositions, hearings, etc. And you could still be... Read more »

1 Answer | Asked in Civil Litigation, Foreclosure, Constitutional Law and Municipal Law for Texas on
Q: Faulty hydrants caused total loss. No compensation only seizure of all personal and real property w/o a court hearing

They seized my personal and real property without cause or warrant. Selectively prosecuted me and and selectively inforced unconstitutional code took my property for a tax debt that was being paid but not for a house around thencorner owing $15,000 and not making payments. Destroyed my property... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

Whatever the municipal law, foreclosure, tax, or property damage issues are here, you mention prosecution. The matter appears to have escalated from something civil to something criminal in nature. Although there is not a question listed, as a higher priority than any of the civil damages you... Read more »

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Criminal Law and Civil Litigation for Texas on
Q: Can my landlord legally shut off the utilities?

It isn't done for any valid, legal reasons. He just drinks on a daily basis, and then he gets depressed and in a bad mood. Whenever any of the tenants try talking to him about it, he goes off and throws around accusations and slander at anyone around. He has broken many laws already and is now... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2019

Texas Tenants' Union

https://txtenants.org/

(214) 823-2733

8035 E R L Thornton Fwy., Suite 535

Dallas, TX 75228

1 Answer | Asked in Civil Litigation for Texas on
Q: Blue Bell refuses to put expiration date on there Ice cream if I 3at one and get sick do I have grounds to sue
Tim Akpinar
Tim Akpinar answered on Oct 21, 2019

You might. But the strength of the case would hinge on the medical documentation that evidences any symptoms of Illness. If you required medical attention, gather whatever documentation you have in terms of ER visit, follow-up exam, lab tests, etc. You could try to arrange a consult with a Texas... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Do you have to testify against cops in a 1983 police misconduct if you're Life is endangered?

Is it hard for the federal government to protect a civilian from the state government?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 18, 2019

If your life is in danger, perhaps it's not a good idea to go on public forums and ask these sort of questions; you might want to be a little more discreet.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: What is the purpose of disposition hearing
Roy Lee Warren
Roy Lee Warren answered on Oct 17, 2019

Generally it is an opportunity for the state's lawyer and the defense lawyer to discuss resolving the case with a plea bargain agreement.

3 Answers | Asked in Civil Litigation, Criminal Law, Domestic Violence and Mergers & Acquisitions for Texas on
Q: Court ordered drug test at probation office

What are they for ....

How can results be shared

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2019

Refraining from the use of intoxicating substances is typically a condition of probation.

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1 Answer | Asked in Business Law and Civil Litigation for Texas on
Q: How to determine the value of a business thirty years ago?

someone almost thirty years ago gave (Probably, sold it.) someone a convenience store that did not

even have a one year leas left. We think the value of the business based on the fact that it did not even

have a year of lease left, in store sale and the inventory could not be more... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 7, 2019

This is really the territory of tax attorneys, business litigation attorneys, or sometimes divorce attorneys where spouses jointly hold interests in a business. But your question remains open for five weeks. There are companies and consultants out there that perform business valuations and that... Read more »

1 Answer | Asked in Civil Litigation for Texas on
Q: I got arrested for driving under the influence and an expired driver liscence. What do i need to do?
Tim Akpinar
Tim Akpinar answered on Aug 25, 2019

Contact a Texas attorney who handles DUI/DWI cases. You posted under Civil Litigation; you could repost in the DUI/DWI section. But instead of losing more time, it would be better to start directly contacting attorneys for a consult. Good luck

Tim Akpinar

2 Answers | Asked in Consumer Law and Civil Litigation for Texas on
Q: My friend is not repaying money which I lent.I have text msgs as proof that I lent him money.How can I get my money back

My friend was investing in a business with his partner and was looking for money. I lent him some money for which he said he would give me a share in the business he is investing. He came back later and said that his partner cheated on him so he is unable to repay me. There are text messages in... Read more »

Gary Kollin
Gary Kollin answered on Aug 21, 2019

Sue him

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1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: Ex-boyfriend filing bankruptcy, will it affect me when we have a notarized promissory note?

I am a co-owner of my house (that my parents paid for) with my ex-boyfriend and we are separated because he had an affair. Both of our names are on the deedWe both had an agreement about things after he left the house. We have a co-signed home equity loan of about

Timothy Denison
Timothy Denison answered on Aug 20, 2019

Unless his name is on the deed, he has no claim to the property. He will likely be released from the promissory note on the house, but as long as you make the payment, nothing should happen to you.

1 Answer | Asked in Estate Planning and Civil Litigation for Texas on
Q: Does the tx homestead act override a last will and testament if the remaining person in the home is not include the will

great aunt passed and left everything to her to a select few of her nieces and nephews, One of the nephews was very sickly and not expected to live long, he could live in the house until he died then the house would be sold and divided amongst the remaining living. If he ever moved he would sell... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 15, 2019

If he owned the home, then the surviving spouse has a "life estate" enabling her to remain in home for remainder of her life. There are responsibilities she must undertake; however, that is best discussed in a private consultation with a probate lawyer.

The estate will need to be probated;...
Read more »

1 Answer | Asked in Workers' Compensation, Business Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Does making False statements to OSHA qualify as violation of the False Claims Act?

e.g. if Someone makes false statements to an administrative agency of the United States in order to get out of a fine, will this qualify to be potentially prosecuted under the False Claims Act (31 U.S.C. 3729 et seq.) in addition to qualifying under other appropriate federal laws?

Roy Lee Warren
Roy Lee Warren answered on Jul 29, 2019

I am sorry but this does not appear to be a wc type of question. Also most wc cases are governed under state law, not federal. However, according to the state wc laws a person can be prosecuted for fraud if they knowingly lie to obtain benefits. I'm not sure if that answers your question but I... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: How do i go about suing a storage facility over my unit?

I have a storage unit that went into agreement in April 2017 but then went delinquent in Dec 2017. My ex called and used his debit card to bring it up to date payment wise, but the owner if the facility took my name off the agreement, replaced it with the cardholders name, changed my lock and now... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

It is obvious to many experienced lawyers reading this that you and your ex and the owner of the storage unit are in an unfortunate triangle that will probably not end well--for you. If a judge were deciding what to do they would probably agree with the owner of the storage unit that you violated... Read more »

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