Texas Civil Litigation Questions & Answers

Q: My step brother has had my grandmother transfer land and possibly other property to him and she doesn’t remember it

1 Answer | Asked in Civil Litigation and Elder Law for Texas on
Answered on Dec 24, 2018
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.

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
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...

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
Terry Lynn Garrett's answer
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

2 Answers | Asked in Civil Litigation, Divorce and Family Law for Texas on
Answered on Dec 1, 2018
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.

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
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.

Q: My spouse and I hv been filing our taxes jointly. Do I need her explicit approval to release the tax statements to any1

1 Answer | Asked in Civil Litigation, Tax Law and Family Law for Texas on
Answered on Nov 5, 2018
Tammy Lyn Wincott's answer
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
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.

Q: I overpaid a medical bill by $900. Now the company will not refund the over payment.

1 Answer | Asked in Civil Litigation for Texas on
Answered on Oct 17, 2018
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

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
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.

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
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

Q: Can i sue a department store that had flickering lights which triggered a seizure in my daughter who is epileptic?

1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Answered on Oct 14, 2018
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

Q: Can I sue someone in civil court for triple the amount even if for example they have $10,000 in assets

1 Answer | Asked in Civil Litigation for Texas on
Answered on Oct 4, 2018
Gary Kollin's answer
You can sue for whatever amount. However collection appears unlikely

Q: Bought property via POA and through respected local law firm. POA is being contested as a forgery. Need advice. Thanks

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Answered on Sep 21, 2018
Tammy Lyn Wincott's answer
Is the person who gave POA have mental capacity to testify to same?

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
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.

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.

1 Answer | Asked in Civil Litigation for Texas on
Answered on Sep 13, 2018
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.

Q: I was wondering if i can practice law acting as a "Private Attorney General" as codified by title 42 usc1988.

2 Answers | Asked in Civil Litigation and Criminal Law for Texas on
Answered on Aug 30, 2018
Grant St Julian III's answer
Texas Penal Code

Sec. 38.122. FALSELY HOLDING ONESELF OUT AS A LAWYER. (a) A person commits an offense if, with intent to obtain an economic benefit for himself or herself, the person holds himself or herself out as a lawyer, unless he or she is currently licensed to practice law in this state, another state, or a foreign country and is in good standing with the State Bar of Texas and the state bar or licensing authority of any and all other states and foreign countries where...

Q: Is it against the law for peace officers to escalate situations?

1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Answered on Aug 20, 2018
Grant St Julian III's answer
It is not illegal for for peace officers to escalate situations, but is generally against department policy. File a report with Internal Affairs. Good luck.

Q: I have a text msg. that an adult sent to a 17 yr.old telling her she'd like to smoke pot with her. Is there any legal

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Answered on Aug 18, 2018
Herman Martinez's answer
Possession of marijuana is still illegal in Texas. I would recommend talking to the 17 year old about drug use before contact any government agency regarding the “adult.” Additionally, you could talk to the “adult” about the illegality of possession of marijuana or potentially worse crimes that could arise.

Please take note that a 17 year old in Texas is considered to be an adult in many circumstances.

Q: I was served alcohol before I signed a mediation agreement that was served to me by the opposing counsel.

1 Answer | Asked in Civil Litigation for Texas on
Answered on Aug 8, 2018
Jack Ternan's answer
The opposing attorney should not be speaking to you at all without your attorney being present (with or without alcohol).

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