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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Texas on
Q: Please help with rules regarding gun hidden in locked vehicle belonging to 18 yr who is waiting for actual LTC license

Texas school, zero issues. We believe the school has violated his rights. He can't do SR activities even though he did nothing wrong

James L. Arrasmith
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answered on Feb 24, 2024

In Texas, there are specific rules regarding the possession of firearms on school grounds. Generally, it is illegal for anyone to possess firearms on school property, including in vehicles parked on school premises. However, there are exceptions for individuals who have a valid License to Carry... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: How do you get a lost item back from Uber if the driver has it and refuses to return it

I got a ride left my device contacted the driver five mins after realizing it was left she stated she could pull over find it and as she must have because I contacted Uber support right After a few hours pass with no response from her they stated she had it and wouldn't mind returning it hours... View More

James L. Arrasmith
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answered on Feb 24, 2024

If you've lost an item in an Uber and the driver is not returning it despite confirming possession, the first step is to continue using the Uber app to communicate. The app's lost and found feature is designed for such situations, allowing you to report the item as lost and directly... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Texas on
Q: Can someone help me file an answer in a civil case asking for dismissal bcuz plaintiff failed to include vip party
James L. Arrasmith
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answered on Feb 24, 2024

If you need assistance filing an answer in a civil case, you may want to consider reaching out to a legal aid organization or consulting with a lawyer who can provide guidance on the process. They can help you draft a response that includes your request for dismissal based on the plaintiff's... View More

1 Answer | Asked in Banking, Civil Litigation and Identity Theft for Texas on
Q: what court would a creditor lawsuit be filed in? my guess is they are civil due to monetary damages being sought.

I had a large sum of money go missing with a prior bank I had accounts at, trying to figure out what happened and who is responsible(creditor) who potentially filed the creditor suit so I can go sue them. Am a beneficiary of an irrevocable trust.

James L. Arrasmith
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answered on Feb 23, 2024

In most cases, creditor lawsuits are indeed filed in civil court, particularly when seeking monetary damages. If you suspect that a creditor has filed a lawsuit against you or the entity you represent, you should receive formal notification from the court. This notification typically includes... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Education Law for Texas on
Q: got a degree in media advertising in 2010 and the following years it all went online, most of what I learned is useless

could I sue my University for this, I now have to pay all this student loans for something does not work anymore

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2024

Without knowing additional details, I would agree with Mr. Frick. It's a given that course materials could become obsolete with new technologies. However, if certain representations were made to students, that could be a different story. Keep in mind that looking into such a lawsuit could... View More

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2 Answers | Asked in Civil Litigation for Texas on
Q: Had a bobcat stored at friends w agreement he sold it without permission

What can I do if he sold it without my permission

James L. Arrasmith
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answered on Feb 23, 2024

If your bobcat was sold without your permission by a friend with whom you had an agreement for storage, it's essential to first communicate directly with your friend to understand what happened. Ask for a detailed explanation and request that they rectify the situation, which could involve... View More

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2 Answers | Asked in Civil Litigation for Texas on
Q: Car impounded can't get a hold of impound yard .my son was arrested in the car its been 3 days
James L. Arrasmith
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answered on Feb 23, 2024

If your son's car has been impounded and you're struggling to get in touch with the impound yard, there are a few steps you can take to try and resolve the situation. Firstly, double-check any paperwork or documentation given to you by the authorities or your son upon his arrest. This may... View More

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2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: can my mom take my phone that i bought if im 18 and try to keep it and give it to another family member.

i bought a phone from a friend (fresh hasnt been used before) and had got in trouble (im 18), she (my aunt who is my guardian) takes the phone and a couple days later deletes all my information and gives it to my cousin...is this legal? can i sue or call the police on her at all? because she wont... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

If you are 18 in Texas, property you bought typically belongs to you. However, when a person is not mentally competent, another competent adult can be appointed as the guardian of that person and their property. It is not unusual for a minor to have a guardian, but the guardianship ends when they... View More

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2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: can my mom take my phone that i bought if im 18 and try to keep it and give it to another family member.

i bought a phone from a friend (fresh hasnt been used before) and had got in trouble (im 18), she (my aunt who is my guardian) takes the phone and a couple days later deletes all my information and gives it to my cousin...is this legal? can i sue or call the police on her at all? because she wont... View More

James L. Arrasmith
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answered on Feb 5, 2024

No, it is not legal for your aunt to confiscate property that you purchased and paid for with your own money, simply because you are 18 years old. Here are several reasons why:

1. You are legally an adult at 18 and have a right to own and protect your own property. Your aunt cannot treat...
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2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

T. Augustus Claus
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answered on Feb 1, 2024

To address a suspended license due to a lien, you'll typically need to satisfy the underlying debt or resolve the issue causing the suspension. Initiating an SR-88 form, also known as a Petition for Reinstatement of Driver's License, is a common step in this process. This form allows you... View More

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2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

James L. Arrasmith
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answered on Feb 4, 2024

To address a suspended license due to a lien and prevent it from affecting your ability to obtain a driver's license in another state, it's crucial to directly engage with the agency or court that issued the lien. They can provide specific guidance on your situation and the steps needed... View More

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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Litigation for Texas on
Q: Recourse if post trial I learned ex's retained expert witness in mod case had serious undisclosed conflict of interest?

My child's former psychologist testified as a retained expert witness for my ex in a modification case finalized 08/22. I discovered recently that the psychologist filed for her own divorce a week after receiving retainer from my ex to be expert witness.

Additionally, Psychologist had... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

I don't think that the psychologist's own divorce proceeding is relevant or creates a conflict of interest. I don't think the psychologist had a duty to disclose that information during litigation. Barring truly unusual circumstances, I think any mention or evidence concerning the... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: There was not a court recorder during a plea deal court date. Are there protocols or a specific channel to report this?

This specific area has a lot of discrepancies in regards to how they handle legal situations not just criminal cases. Who do you report misconduct to?

James L. Arrasmith
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answered on Jan 27, 2024

You have several options to report the lack of a court recorder during your plea hearing:

1. Notify the judge directly. Write a letter to the judge explaining there was no court reporter present to transcribe the plea proceedings. Request a new hearing be scheduled with proper recording....
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1 Answer | Asked in Civil Litigation for Texas on
Q: I am a minor I graduate when I’m 18 I plan to move out can I take everything I paid for from my parents house?

If they fight it and say I can’t take anything since it’s there house can I still take it if they didn’t pay for it and it’s thousands of dollars worth of stuff?

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

Although no statute specifically addresses the ability of those younger than eighteen to own property, there appears to be no restrictions under Texas law on the ability of minors under the age of eighteen to own property. Moreover, case law in Texas implies that a minor has the ability to own or... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: Am I liable for a broken window on a golf course.

I was the one playing golf. My ball hit a tree limb, bounced sideways, and broke a window on a house that’s located on the course.

James L. Arrasmith
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answered on Jan 24, 2024

In Texas, liability for damages caused while playing golf, such as breaking a window, can be a bit complex. Generally, playing golf involves some inherent risk, and accidents like yours can happen. The key factor in determining liability is often whether there was negligence involved in your... View More

1 Answer | Asked in Civil Litigation and Municipal Law for Texas on
Q: How do I get my vehicle back after it was stolen and used for a crime.

Upon trying to track my vehicle down I found out that it was in the local police department in a different County from where it was stolen. They interrogated me as if I was part of this crime after lawyering up which I believe pissed him off they said that it'll be a while it's being... View More

James L. Arrasmith
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answered on Jan 21, 2024

If your vehicle was stolen and used for a crime, and it's currently held by the local police department, you should follow these steps to retrieve it:

Cooperate with Law Enforcement: It's important to cooperate with the police during their investigation. Ensure you have legal...
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1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Texas on
Q: Good morning, My husband (which we are currently separated living in different homes) decided to have a protection

order against my church pastor (which this was informed to me verbally, but no written evidence was provided by him) even though I requested it. Me and my children go to this church, and is very small and the pastor, his wife and his family have become truly a family to us, helping us even in times... View More

John Cucci Jr.
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answered on Jan 19, 2024

Yes you can.

If there is an Order of protection against anyone, it must be Noticed to the person who it would be against. Thus, if there was an OP against the Pastor, he would have received Notice of it, and a Notice of a court date for him to dispute it.

If none of that has...
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1 Answer | Asked in Civil Litigation for Texas on
Q: I received a 353-3 citation I am named as a defendant in an injury case along with known companies. Answer form avail?

I was working for a company but they named me as a defendant. The guy was injured by his coworker but is suing everyone / company he has the name of. Is there an answer form to file? I am not a wealthy man. I am named incorrectly on this.

James L. Arrasmith
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answered on Jan 16, 2024

In Texas, if you're named as a defendant in an injury case, it's important to respond appropriately. You can find an answer form to file a response to the lawsuit at your local courthouse or online through the Texas court's website. This form allows you to formally respond to the... View More

2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

John Cucci Jr.
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answered on Jan 12, 2024

It looks like you are from San Antonio.

There are some lawyers who do take Police Misconduct case, all over Texas. However, the likelihood of an attorney taking a police misconduct case, is low. The reason is, even with good facts and proof of liability against the officer or Police...
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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

James L. Arrasmith
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answered on Jan 13, 2024

Finding an attorney for a police misconduct case can be challenging, but there are specific steps you can take to locate one who handles such cases.

First, consider reaching out to your state bar association. They often have referral services that can direct you to attorneys experienced in...
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