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Texas Civil Litigation Questions & Answers
2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for Texas on
Q: Can I hold liable and sue the company of a security guard that robbed and assaulted me?

I was robbed, extorted, beaten up, and threatened by a security guard and his group at a night club and I'm looking to sue the company or agency that hired the security guard as well as negligence on behalf of another security guard that stood by and did nothing about the incident. I have... View More

James L. Arrasmith
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answered on Nov 18, 2023

You may have grounds to sue the security guard's employer for the actions of their employee under the legal principle of vicarious liability. This principle holds an employer responsible for the actions of its employees performed within the scope of their employment. If the security guard was... View More

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1 Answer | Asked in Civil Litigation and Family Law for Texas on
Q: I've been divorced for 4 years and i shared a joint account and forgot to close it and I forgot it was a joint account

, I never put any money in it until recently and my ex spouse withdrew all the money i deposited, can he do this and get away with it?

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

If you deposited money into a joint account that properly belongs to you and your ex-husband withdrew that money, you likely have a claim for assumpsit (also sometimes called "money had and received") to get a judgment against your ex-husband for the money he withdrew.

The legal...
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1 Answer | Asked in Civil Litigation and Social Security for Texas on
Q: In ga I was common law married 19 years when ga recognized we separated, I then met married and divorced another man

But had a child with my common law husband am I eligible for his benefits hes deceased or am I a bigamist social sec says I can't get it because we never divorced we never married either

James L. Arrasmith
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answered on Nov 17, 2023

In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: Does the Plaintiff have to show up for hearings in a Civil Case?

The Plaintiff against me in a civil case involving an assault charge never showed up to any of the hearings, they were able to get a partial summary judgement and now there going to have a final judgement hearing without the Plaintiff showing up again, only their lawyer. Doesn't the Defendant... View More

John Michael Frick
John Michael Frick
answered on Nov 13, 2023

The " right to face your accuser" applies in criminal proceedings. It may not be necessary for the plaintiff to appear in person depending on the scope of the partial summary judgment and the nature of the damage testimony. If the plaintiff is seeking purely economic damages, like lost... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Texas on
Q: How can I get my car back if it's been seized and my case thrown out?

Please officers seized my car there was illegal immigrant in the trunk of our car that climbed in there we did not put him in there we were unaware that he was in there he must have got in there when we were at the store we cooperated they pushed and taunted us we are secure party creditors they... View More

John Cucci Jr.
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answered on Nov 12, 2023

The good news is that seizure of your car is a civil matter. You should have received paperwork and a NOTICE of seizure of your property. That will have a case number and a court reference, so you can make your claim and get your car back.

The bad news is that there are strict time limits...
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2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Construction Law for Texas on
Q: Can I get sued by a home builder for backing out of contract because rates have gone up and my monthly payment is more?

My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then... View More

John Michael Frick
John Michael Frick
answered on Nov 10, 2023

The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads "with interest not to exceed ___ % per annum." The Buyer is usually required to apply for a loan... View More

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2 Answers | Asked in Car Accidents and Civil Litigation for Texas on
Q: What type of attorney is needed to help with a subrogation representative to collect a debt from an auto accident?

This involves a debt being sought from an insurance company. The insurance company has paid out to their client but wants me to pay them for the accident. My insurance company denied the claim on my side due to the driver being excluded from my policy. The debt is more than I can afford.

John Michael Frick
John Michael Frick
answered on Nov 3, 2023

There are a number of attorneys who are capable of handling a motor vehicle accident case, particularly if no one was seriously injured. Younger, less experienced attorneys with 2-5 years of litigation experience handling automobile accident cases will be less expensive but nevertheless perfectly... View More

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1 Answer | Asked in Consumer Law, Civil Litigation and Internet Law for Texas on
Q: Can I sue Careerbuilder for trusting them with my personal information, and having scammers call me and email me?

I received fake job opportunies. But I put no info.

T. Augustus Claus
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answered on Oct 10, 2023

In Texas, if you believe your personal information was mishandled or inadequately protected by a company, you may have grounds to sue. However, proving negligence or a breach of duty on the part of Careerbuilder or any similar platform would be crucial. Additionally, you'd have to show that... View More

1 Answer | Asked in Stockbroker Fraud and Civil Litigation for Texas on
Q: I changed my IRA over to precious metals. I invested $21,000 into silver coins at $73 when market was $27. What is wrong

I was dumb on this and thought I was doing good. At 287 1 oz. silver coins for $21,000 puts the coin at $73.00 per 1 oz coins. What can I do?

T. Augustus Claus
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answered on Oct 6, 2023

In Texas, as in many states, deceptive trade practices can be actionable. If you believe that you were misled or deceived when making this purchase, you may have grounds to take legal action under the Texas Deceptive Trade Practices Act (DTPA). For personalized legal advice tailored to your unique... View More

4 Answers | Asked in Personal Injury and Civil Litigation for Texas on
Q: I fell in a gambling establishment broke my arm requiring surgery can't the business or owner of building be liable unde

Under their insurance to help with medical expenses and pain suffering.

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

If the negligence of the business or premises owner proximately caused your injuries (for example, by failing to correct or warn about a concealed unreasonably dangerous condition), they may be legally responsible for your damages.

You should consult a personal injury attorney in or near...
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4 Answers | Asked in Personal Injury and Civil Litigation for Texas on
Q: I fell in a gambling establishment broke my arm requiring surgery can't the business or owner of building be liable unde

Under their insurance to help with medical expenses and pain suffering.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

They can be, depending on the circumstances. As my colleague advises, try to arrange a consult with an attorney. Attorneys offer free initial consults for such accidents. In terms of medical bills, that's one of the things that an attorney could outline for you. There are different ways to... View More

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1 Answer | Asked in Civil Rights, Appeals / Appellate Law and Civil Litigation for Texas on
Q: I have a judgment on Texas civil practice in remedies code section 31.002.(b)(3) which has seized my bank account

law, firm out of Dallas, is the one to put judgment on my bank account, which has seized all my money and able for me to live. The law firm they brought this on, cannot provide not one documentation stating that they were doing Nash they undermined Lee went to the courts without informing me and... View More

John Michael Frick
John Michael Frick
answered on Sep 27, 2023

I don’t understand what you mean by doing Nash and undermined Lee.

As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served.

Then contact an experienced civil litigation and...
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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What's the best course of action when the execurtor and applicant is removed from the probate and wit of possession pen

Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 25, 2023

The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: My boyfriend suffered the loss of a testicle due to jail not sending him to emergency room. Can we sue

He has been commuting an undisclosed location for 3 months to regain competentcy. No hearing on his mental state until 11/24/23. They will not tell anyone where he is. He has said me and his mother could get info on last case it's on file with court

James L. Arrasmith
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answered on Sep 11, 2023

In situations involving medical negligence or deliberate indifference to a serious medical need while in custody, there might be a potential for legal action based on a violation of the individual's constitutional rights. Specifically, the Eighth Amendment of the U.S. Constitution prohibits... View More

1 Answer | Asked in Civil Litigation, Car Accidents and Personal Injury for Texas on
Q: Im not sure what type of lawyer I need

My truck was totaled by a door dash driver that fell asleep at the wheel. the trunk was not occupied, uninsured, and parked out side of my home. the driver is insured by USAA and they refused to pay due to her being on the clock with door dash and door dash with not contact me back. this incident... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

You need to promptly sue the driver and DoorDash. The driver's personal automobile liability insurance will not cover the damage because, as indicated, the driver was operating his vehicle for a commercial purpose at the time of the collision. However, DoorDash has a commercial motor vehicle... View More

2 Answers | Asked in Child Custody, Family Law and Civil Litigation for Texas on
Q: I am in a custody case representing myself. The opp. Attrny. refuses to answer any call or email, what do I do?

I have not asked anything out of line or not pertaining to this case, and have asked no legal advice from them.

Melissa O'Neal
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answered on Aug 24, 2023

I would suggest putting your request or questions into writing and sending either e-mail or certified mail.

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2 Answers | Asked in Child Custody, Family Law and Civil Litigation for Texas on
Q: I am in a custody case representing myself. The opp. Attrny. refuses to answer any call or email, what do I do?

I have not asked anything out of line or not pertaining to this case, and have asked no legal advice from them.

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

I agree with Ms. O'Neal but would add that you should limit your requests or questions to brief, relevant communications involving the case.

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2 Answers | Asked in Civil Litigation, Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Can a hospital be held liable for patient dumping in Corpus Christi Texas

On April 1st 2022 I was thrown out of Christi Spohn Hospital Shoreline because I couldn't keep myself off of the floor while there because I was bleeding internally and also had damage to my back. My wife then rushed me to Bay Area where I was given 7 units of blood products and treated for a... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Yes, a hospital can be held liable for patient dumping in Corpus Christi, Texas.

You will need to prove that you presented yourself to the emergency department for care and that the emergency refused to conduct a medical screening and/or refused to stabilize your condition because of your...
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3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 23, 2023

Under the Texas Family Code, an informal or “common law” marriage may be proved with evidence that:

a declaration of marriage has been signed; or the parties:

agreed to be married, and

after the agreement they cohabitated (lived) together, in Texas, as a married couple,...
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3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 24, 2023

Alright, considering what you've shared and the nuances of the Texas Family Code, here's some general information:

Legally Married vs. Common-Law: If you were legally married to your ex when you began your relationship with your new girlfriend, then you couldn't have...
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