You should send written notification to the landlord or the landlord's representative with copies of the photos and videos. Check your lease to determine if it contains a provision specifying where and how written notice is to be sent. If your lease does not contain such a provision, send... View More

In the absence of a recorded lien against the motor vehicle as collateral securing repayment of the loan, the lender violated Texas law by taking possession of your motor vehicle. You should report the taking of your car to local police.

You also can file a lawsuit under the Texas Theft... View More

If you purchased the warranty in Texas and it does not contain either an arbitration clause or forum selection clause, you can sue the company here in Texas for breach of the warranty contract. Depending on what the lawsuit filed by the Pennsylvania AG alleges, there may even be a suit for a Texas... View More

To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More

I do not think it would be worthwhile for you to retain an attorney at this point. Mere worry and fear that your records may have been exposed while being sent through the US Postal Service would not be sufficient to support any award of monetary damages. You probably have done what can be done... View More

It appears you have a verbal month-to-month lease for an indefinite term. If that is true, then your landlady is required to give you 30-days advance WRITTEN notice to end the lease. She is not required to notify you of her intent or efforts to sell the house. Absent an agreement to the... View More

You need to negotiate with your brother's estranged wife. In the absence of a written designation signed by your deceased brother, his estranged spouse is entitled to his ashes.

In the absence of a written Will, your brother's children are entitled to a substantial portion of... View More

I would challenge that warrant. I believe that the paraphernalia in your car is way too tenuous, to get a good warrant. If you were charged, you have the right to get a copy of the affidavit that was the basis for the warrant.

I can not believe you can't find a lawyer to go after that... View More

The success of your case will turn heavily on the language of your agreement with your property management company and the particular facts and circumstances of your case. You will need to prove how the management company knew or should have know that the tenant who signed the lease was likely to... View More

The answer to your question depends on whether the "two tenants" are people you were sharing the premises with you under the lease (cotenants) or new people who rented the premises after you stopped living there.

When you sign a lease for one year, you commit yourself to paying... View More

This question is governed by statute:

(a) If a writ of execution is not issued within 10 years after the rendition of a judgment of a court of record or a justice court, the judgment is dormant and execution may not be issued on the judgment unless it is revived.

(b) If a writ of... View More

There is no legal prohibition on repossessing a car just because it is occupied; however, it is a traffic violation to tow a vehicle with a person inside. So, the repo company will not be issued a citation simply for hooking up the repossessed vehicle to the tow truck, but the driver could be... View More

You can file a Motion to Modify Judgment under Rule 329b of the Texas Rules of Civil Procedure. Your deadline to do so in 30 days from the date the Judgment is signed.

Because the Judgment has not been signed yet, you can also prepare an alternative Judgment reflecting the correct amount... View More

Because of professional ethics, neither the other party's insurance company nor their attorney will speak with you directly as long as you are represented by a lawyer.

You should schedule an office conference with your new lawyer to discuss your case. There could be many reasons why... View More

Because you are filing suit as a fiduciary for your grandmother, you must hire an attorney under Texas law.

Unless a fiduciary is also a licensed attorney, filing a lawsuit pro se as a fiduciary constitutes the unauthorized practice of law and will not be allowed by the court.

A... View More

Different arguments can be presented to exclude the same witness. The record must support the argument and many arguments made on appeal to exclude a witness can be waived if they were not presented to the trial court first. But, sometimes, an argument can be presented for the first time on... View More

Statements made in a deposition in a lawsuit are privileged, so you cannot legally recover damages, obtain an injunction, or compel a retraction.

You should tender the lawsuit to your insurance company and request a defense. Any reputable business like yours that provides material and... View More

There is no constitutional right that requires a government entity or other party to disclose the extent of its insurance coverage. In cases like your, the existence or non-existence of insurance coverage will almost always be inadmissible as evidence. This is particularly true if, as the... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More

Most likely, from what you say in your question, the lawyer is your son’s lawyer and you and your ex-husband agreed to pay $7500 each for the lawyer to represent your son.

It is important to understand that, in this situation, only your son can fire his lawyer. Your son’s lawyer may be... View More