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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Real Estate Law and Energy, Oil and Gas for Texas on
Q: How hard is it to prove you are the rightful owner of mineral estate when someone else has been receiving lease bonuses

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »

Aimee Hess
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Aimee Hess
answered on Sep 7, 2022

Whether the process is simple or more challenging depends on the state of your mineral title. If you have a deed for these minerals it may be a matter of sending a copy of the deed to the oil company with a certified letter and requesting that they correct the error. Keep in mind that the landman... Read more »

1 Answer | Asked in Civil Litigation and Health Care Law for Texas on
Q: I have a medical bill that is over 12 years old that is from when my parents passed. Never agreed to make payments.
John Michael Frick
John Michael Frick
answered on Sep 6, 2022

In the absence of an agreement, a child is not personally responsible for a parent's debt. In the absence of the acknowledgment of the validity of a debt, the statute of limitations to collect a debt in Texas is four years.

2 Answers | Asked in Civil Litigation, Family Law and Probate for Texas on
Q: Common law marriage 7 years. Male spouse passed. Left no will. Only son of husband evicting wife. Selling off property

Husband been gone 2 weeks. What legal grounds are there. For inheritance of property. This will leave her homeless.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 3, 2022

"Wife" would have to prove that she was married to the deceased "husband". If she is successful, then she would entitled to inherit through intestate succession. If the home was purchased during the "marriage", then she could claim it as her homestead and continue to... Read more »

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Small Claims for Texas on
Q: Hi! what kind of lawyer do I need? I loaned an individual/ LLC $26K, a notarized contract was signed.

The contract was signed last year 7/21. After the money was sent, the individual vanished. I tried several times to collect payment. The money was indented and written for the investment of an 18- wheeler truck. The contract also stated I could have rights to drive. At this time I'm not... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

You most likely need a debt collection attorney in the state where the LLC on the loan contract is located and where the individual resides.

1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Texas on
Q: In a pretrial(Not criminal law) before the jury trial. Can a judge give a verdict and not even let it go to jury trial?
Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Aug 20, 2022

Yes, this is called a directed verdict and means the case is so weak, that the judge takes it from the jury's hands. The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt... Read more »

1 Answer | Asked in Civil Litigation for Texas on
Q: Can a lease that has another states property codes be legal in texas
Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

Yes, if the lease is subject to litigation in those target states.

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this Web site, in...
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1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: I haven't recieved a title or plates for a motorcycle I bought from a dealership and it has been almost 6 months

I bought a bike 6 months ago from a dealership and paid cash for it. I have been hassling the dealership about my title and plates, weekly for the past 6 months and keep getting the run around. I filed a complaint with the dmv and they completed an investigation and suggested I contact an attorney.... Read more »

Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You can sue them and maybe get your attorney's fees granted via the Texas deceptive trade practices act and breach of contract. This one is pretty straight forward. Let me know if I can help you, this one seems to be pretty egregious.

713-992-1104.

The information contained in...
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1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can judges and attorneys be held accountable?

Is it possible to pursue legal action on an attorney and judge for misconduct? The judge has already had disciplinary action With the board

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You can sue an attorney, yes. That is called malpractice.

Judges are exempt from suit because of how they ruled on your case. The best you can do is file a complaint with the Texas Judicial Board, but you need serious evidence. Merely ruling against you is insufficient. Your best way to...
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2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: in a pretrial of a contested will(family law) can it be dismiss?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 11, 2022

This is a better question for a Wills, Trust & Estate lawyer. Or an Estate Planning lawyer.

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1 Answer | Asked in Banking, Civil Litigation and Real Estate Law for Texas on
Q: I did not sign closing paperwork for a home loan but it is in my credit report.

The transaction was not pursued by the buyer or seller and cancelled. The mortgage loan is present on my credit report showing the balance as open. That can't be legal?

John Cucci Jr.
John Cucci Jr.
answered on Aug 9, 2022

You need to do an official dispute about the mortgage loan being on your credit report. It is important that you check all three (3) credit reporting companies. The same thing may be on all 3. Each agency has a web-based dispute center on their websites. You should follow-up next week to see if it... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: can Cops search you based of hearsay of stealing something?

At the bar, a couple saw my friends and I hanging around them before their phone was stolen but it was a crowded bar and they assume we stole their phone and told the cops who then asked to search me and my friends and we said no, but is that legal??? We did not take their phone but are they... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 25, 2022

They can ask to search you and if you consent they can search you. If they do not have pc they cant search you without your consent,

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1 Answer | Asked in Civil Litigation and Personal Injury for Texas on
Q: I’m looking for an out of State attorney who holds an Oklahoma license to review my case, comment on Intentional Tort a
Tim Akpinar
Tim Akpinar
answered on Jul 21, 2022

An Oklahoma attorney could probably respond best, but your post remains open for two weeks. Since the format here is only Q & A and not attorney-referral, you're going to need to reach out to attorneys on your own. The connection to Texas in your question isn't clear. If you want an... Read more »

1 Answer | Asked in Civil Litigation and Family Law for Texas on
Q: I just found out that my father died we had a joint title of a vehicle. Is the car now solely mine and how do I get it.

Found out my father died 1 1/2 months ago and is already buried. Half adopted brother handled his cremation services and never notified me. I and my father had a joint title where his name and my name are on the title. Received video proof that my adopted half-brother has taken possession of the... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 6, 2022

The car is not stolen so do not file a false police report. Take the title and keys and go pick up the car if you are on the title as a owner

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: I have a friend who needs legal representation for a insurance claim matter
Tim Akpinar
Tim Akpinar
answered on Jun 30, 2022

A Texas attorney could advise best, but your post remains open for two weeks. Attorneys here can't reach out to solicit your friend's matter. The format here is only question and answer, not attorney referral. But the closest thing here is the Find-a-Lawyer tab above. Your friend could... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Consumer Law for Texas on
Q: The Court at Law in FB county has granted Defendant a Summary Judgment How and where do I file an appeal or Motion?

I (Plaintiff) filed a Fraud, Misrepresentation and DTPA case in FB Court at Law against Momentum Jaguar Volvo Porsche in Houston almost 18 months ago and requested a Jury Trial. The court neither scheduled a Jury Trial not Amended the case. Defendant provided some fake documents and made several... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 5, 2022

You need to retain a lawyer, Appeals are complicated,

1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Small Claims for Texas on
Q: I am in the middle of a negotiation and need help

I am a truck driver. In one of my deliveries, my trailer was damaged by one of the employees of the warehouse. They have accepted responsibility but have neglected my claim for the diminished value of mu trailer. I was going to sell it for 70k but now due to the accident the value of the trailer... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2022

A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for the damages to your trailer. You have a number of options. The first would be the cheapest, which is trying to continue negotiations. At this point, you may have already resolved the matter. But if... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: In Texas, what can I use to amend a complaint to add an additional plaintiff to the lawsuit? And do I add evidence?

Its a trial de neuvo and I want to add a plaintiff to join me not sure if I must write an introduction or state other facts. Or must it be a motion?

John Cucci Jr.
John Cucci Jr.
answered on Apr 11, 2022

TX rule of Civil Procedure 502.7 is the rule to follow to amend your petition. A portion of that Rule is as follows:

a)Amending Pleadings. A party may withdraw something from or add something to a pleading, as long as the amended pleading is filed and served as provided by Rule 501.4 not...
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1 Answer | Asked in Criminal Law, Civil Litigation and Federal Crimes for Texas on
Q: Is sitting in a texas county jail without indictment normal?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 7, 2022

Normally you would want to bond out, but not everyone can afford their bond. Sometimes the judge will agree to lower the bond amount.

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Is it a violation of my amendment rights if I have a public defender and spoke on the phone once. Before trial I have a

A new attorney and we're going to trial in 2 weeks or less or maybe 3 weeks but they're not prepared for my case and I haven't ever spoke to him before and the only information they have is what the prosecutor gave them instead of investigating my caseit been over 2 years

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 6, 2022

Although you have the right to an attorney, you don't have the right to a GOOD attorney. You have to pay for that and it's really expensive.

That said, if your attorney does nothing (or almost nothing) to prepare then that can be "ineffective assistance of counsel"...
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1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Texas on
Q: How do you find out if someone has power of attorney
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 12, 2022

The fastest way is to ask them or the person who you think signed the power of attorney, If they have used the power of attorney they should of had to show it to the person.

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