Texas Civil Litigation Questions & Answers
Q: My license was suspended do to a traffic accident in 2016 and judgement for damages. Can I reinstate if unpaid?
1 Answer
| Asked
in
Civil Litigation, Traffic Tickets and Small Claims
for
Texas
on
Answered on Mar 1, 2019
Answered on Mar 1, 2019
Grant St Julian III's answer
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.
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.
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?
Tammy Lyn Wincott's answer
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 partition that would result in each beneficiary receiving their share of real property or the sale of the property with proceeds divided accordingly.
This question should be in probate not here.
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 partition that would result in each beneficiary receiving their share of real property or the sale of the property with proceeds divided accordingly.
This question should be in probate not here.
Q: Looking to file a restraining order on 2 people who are not family related. One's wanted and the other have a criminal
1 Answer
| Asked
in
Criminal Law, Products Liability and Civil Litigation
for
Texas
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Kiele Linroth Pace's answer
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" which can last for up to a year, and does not depend on the status of another case.
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" which can last for up to a year, and does not depend on the status of another case.
Q: How do I get defense from electronic harrasment from organized criminals using electromagnetism
2 Answers
| Asked
in
Banking, Civil Litigation, Criminal Law and Federal Crimes
for
Texas
on
Answered on Jan 28, 2019
Answered on Jan 28, 2019
Kiele Linroth Pace's answer
A "Faraday cage" can shield against unwanted electromagnetic intrusion but that is a discussion for a science and physics forum.
A "Faraday cage" can shield against unwanted electromagnetic intrusion but that is a discussion for a science and physics forum.
Q: My step brother has had my grandmother transfer land and possibly other property to him and she doesn’t remember it
Terry Lynn Garrett's answer
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 Restraining Order and Permanent Injunction and, if needed (3) a Guardianship.
Exploitation of an elderly person is a first degree felony in Texas.
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 Restraining Order and Permanent Injunction and, if needed (3) a Guardianship.
Exploitation of an elderly person is a first degree felony in Texas.
Q: How strong of a case do I have when charging for criminal trespass and property damage(possibly criminal mischief)?
1 Answer
| Asked
in
Criminal Law, Real Estate Law and Civil Litigation
for
Texas
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Kiele Linroth Pace's answer
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 belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
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 belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
Q: I need to know how to find the standings of a litagation and possibly estate probate case .
1 Answer
| Asked
in
Civil Litigation, Estate Planning, Probate and Real Estate Law
for
Texas
on
Answered on Dec 16, 2018
Answered on Dec 16, 2018
Terry Lynn Garrett's answer
Check with the probate court (which may be the county court) where the estate is being probated.
Check with the probate court (which may be the county court) where the estate is being probated.
Q: My son signed a mediated settlement agreement he was uner duress and felt that he had to sign because he had arrest for
Rahlita D. Thornton's answer
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.
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.
Q: What options does an individual who was wrongly banned from the US for 10 years have?
1 Answer
| Asked
in
Immigration Law, Personal Injury and Civil Litigation
for
Texas
on
Answered on Nov 19, 2018
Answered on Nov 19, 2018
Hector E. Quiroga's answer
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.
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.
Q: My spouse and I hv been filing our taxes jointly. Do I need her explicit approval to release the tax statements to any1
Tammy Lyn Wincott's answer
You each have a right to a copy of your tax returns. Speak with the immigration lawyer.
You each have a right to a copy of your tax returns. Speak with the immigration lawyer.
Q: Can an TX apartment complex BAN me from entering the leasing office if I am the lease holder? Threaten to file trespass
2 Answers
| Asked
in
Civil Litigation, Real Estate Law and Criminal Law
for
Texas
on
Answered on Oct 25, 2018
Answered on Oct 25, 2018
Kiele Linroth Pace's answer
Did you lease the office itself or just an apartment within the complex? Either way, it is probably cheaper and easier to simply find a new place to live. It is expensive to get arrested, miss work, post bond, hire an attorney, attend court and miss more work, etc... not worth it over something that is easily resolved without those headaches that would probably last longer than your lease anyway.
Did you lease the office itself or just an apartment within the complex? Either way, it is probably cheaper and easier to simply find a new place to live. It is expensive to get arrested, miss work, post bond, hire an attorney, attend court and miss more work, etc... not worth it over something that is easily resolved without those headaches that would probably last longer than your lease anyway.
Q: I overpaid a medical bill by $900. Now the company will not refund the over payment.
Timur Akpinar's answer
I don’t practice in Texas, but your question remains open for four weeks. You could check with Texas attorneys in your area as to how much they would charge for a short consultation to go through your options here - a letter from an attorney, small claims court, civil court, or other avenues. Maybe they could help you make a decision based on the most cost-effective route.
Tim Akpinar
I don’t practice in Texas, but your question remains open for four weeks. You could check with Texas attorneys in your area as to how much they would charge for a short consultation to go through your options here - a letter from an attorney, small claims court, civil court, or other avenues. Maybe they could help you make a decision based on the most cost-effective route.
Tim Akpinar
Q: Mother in law co/signed on duplex resides on one side. Changed legal documents, created tax fraud.
1 Answer
| Asked
in
Civil Litigation, Contracts and Legal Malpractice
for
Texas
on
Answered on Oct 17, 2018
Answered on Oct 17, 2018
Tammy Lyn Wincott's answer
The name a tax office has for the owner of property is not controlling as to who "actually" owns the property. An owner of real property is determined in the Deed records where the property is located.
The name a tax office has for the owner of property is not controlling as to who "actually" owns the property. An owner of real property is determined in the Deed records where the property is located.
Q: Can a lawsuit be won based on opinion?
1 Answer
| Asked
in
Civil Litigation, Civil Rights and Education Law
for
Texas
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Timur Akpinar's answer
Lawsuits are often won or lost on opinions, despite the fact that it can result in outcomes that are not always fair. The coach could present these facts to a Texas employment attorney to discuss if he has legal remedies worth pursuing.
Tim Akpinar
Lawsuits are often won or lost on opinions, despite the fact that it can result in outcomes that are not always fair. The coach could present these facts to a Texas employment attorney to discuss if he has legal remedies worth pursuing.
Tim Akpinar
Q: Can i sue a department store that had flickering lights which triggered a seizure in my daughter who is epileptic?
Timur Akpinar's answer
I do not practice in Texas, but your question has not been picked up in four weeks. You could consult with a Texas attorney to examine the viability of legal action. I hope your daughter is okay. Whether or not an attorney would be interested in handling the case, at the very least, you could learn the timeframes and statutes of limitations within which action would be necessary to preserve your daughter’s legal rights.
Tim Akpinar
I do not practice in Texas, but your question has not been picked up in four weeks. You could consult with a Texas attorney to examine the viability of legal action. I hope your daughter is okay. Whether or not an attorney would be interested in handling the case, at the very least, you could learn the timeframes and statutes of limitations within which action would be necessary to preserve your daughter’s legal rights.
Tim Akpinar
Q: What kind of attorney do I need?
1 Answer
| Asked
in
Estate Planning, Arbitration / Mediation Law, Civil Litigation and Probate
for
Texas
on
Answered on Sep 14, 2018
Answered on Sep 14, 2018
Terry Lynn Garrett's answer
For civil court you need a trial attorney. For probate court you need a type of trial attorney called a fiduciary litigator. Contact your local bar association or lawyer referral service.
For civil court you need a trial attorney. For probate court you need a type of trial attorney called a fiduciary litigator. Contact your local bar association or lawyer referral service.
Q: In civil court, am I able to sue a person for more than just the assests they own, if he did fraud. I live in Texas.
Jack Ternan's answer
You can sue him for any amount of damages, and you can get a judgment for whatever amount the evidence supports. Of course, you cannot collect a judgment for more than the person has in assets (unless they have a wealthy benefactor that will pay it for them), and if the person only has $100,000 in assets, the amount you can collect will likely be substantially less than that because of exemptions.
You can sue him for any amount of damages, and you can get a judgment for whatever amount the evidence supports. Of course, you cannot collect a judgment for more than the person has in assets (unless they have a wealthy benefactor that will pay it for them), and if the person only has $100,000 in assets, the amount you can collect will likely be substantially less than that because of exemptions.
Q: My father is a fisherman affected by the BP oil spill. He doesn't speak almost any English (he's from Vietnam) but a BP
Aimee Hess' answer
It difficult to void a signed document in Texas, but Texas does allow voiding a document in certain cases where the signature was obtained by fraud. In order to determine if fraud is present in your father's case, you and your father will need to consult with an attorney who will review all the facts and circumstances regarding his signing of the settlement document to determine if the situation meets the Texas definition of fraud, and if it does, what procedures might be available to void the...
It difficult to void a signed document in Texas, but Texas does allow voiding a document in certain cases where the signature was obtained by fraud. In order to determine if fraud is present in your father's case, you and your father will need to consult with an attorney who will review all the facts and circumstances regarding his signing of the settlement document to determine if the situation meets the Texas definition of fraud, and if it does, what procedures might be available to void the...
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