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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: Hi there,I was wondering if somehody could determine the likely outcome for this scenario.

A university or professor sues a student for posting a test onto a course sharing website for copyright infringement. During the proceeding, the professor or university wants to subpoena the identity of the poster and viewers of the test that poster posted; would this subpoena be granted? Would it... View More

Michael I. Leonard
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answered on May 4, 2024

In the context of a civil lawsuit, a Subpoena for the production of documents is only needed if the intended recipient of the Subpoena is NOT a party to the lawsuit. Otherwise, if the documents are being sought from a party to the case, then a Request for Production of Documents would instead be... View More

2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

Sean Goodwin
Sean Goodwin
answered on Apr 30, 2024

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

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2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

James L. Arrasmith
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answered on May 1, 2024

If a company is using your unique name on their product, and it's causing significant problems for you, there are several steps you can take. First, consider reaching out to the company directly to express your concerns and the specific issues their use of your name is causing. A respectful... View More

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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: Should I file a motion to deny the continuance request filed by the Debt collector suing me due to false information?

Court is set for May 10 at the Justice of Peace precinct in my county. The copy of the continuance request I received states it is due to them not receiving an answer to the summons and wanting to prepare paperwork for a default judgement instead. They requested it be set back 60 days but I did... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You should file a Response to the Motion for Continuance stating that you did properly file your answer with the justice of the peace court and attach a file-marked copy of your answer as an exhibit to your Response. Unless there are other factors at play, I would state that you are ready to... View More

2 Answers | Asked in Business Law, Civil Litigation, Copyright and Intellectual Property for Texas on
Q: How can I protect my domain name and website from creditors?
James L. Arrasmith
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answered on Apr 10, 2024

Attempting to hide or protect assets when facing debts or legal judgments could be considered fraudulent in many cases. The ethical and legal course of action is to pay valid debts that are owed.

If you are facing financial hardship, I would suggest speaking with a certified credit...
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2 Answers | Asked in Arbitration / Mediation Law, Family Law, Legal Malpractice and Civil Litigation for Texas on
Q: I need a lawyer to represent me suing my family attroney for malpractice

My family lawyer abandoned me right before the hearing I filed a complaint with Texas Bar he is under investigation I also sued him in Distract court as pro se need a lawyer to take over the case and represent me. I have a strong case and also have a witness who witnessed my lawyer abandoned me and... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

You need to look for a competent attorney in or near the county where the hearing was held experienced in the area of legal malpractice. I often handle cases of this nature. My rate of $500 per hour is reasonable and customary in the North Texas area, and if the amount of damages caused by your... View More

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1 Answer | Asked in Civil Litigation, Consumer Law, Elder Law and Libel & Slander for Texas on
Q: How do I find lawyers to sue local MLS and big RE agency, who demand fee from me to disparage my premier property?

Recent national class-action success against these providers is probative as admission but of no avail to my class or me individually, with unique and actual damages worth $350,000 plus treble that amount for DTPA violations.

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

You should search in Justia for a lawyer in or near the county where your property is located with experience in real estate litigation and perhaps defamation cases depending upon what you mean by "disparaging" your property.

Unlike other types of cases--especially personal...
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2 Answers | Asked in Civil Litigation, Criminal Law and Civil Rights for Texas on
Q: After occupants of a stopped vehicle are cleared can an officer force you out of your car randomly?

We, my wife, & myself were headed back to Texas A&M Veterinary emergency clinic with our dog who suffered a shotgun blast point blank range to the face and needed extensive reconstructive surgeries because his wounds became seriously infected.

Exiting Hwy 105 onto Texas Ave going... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on the information provided, it seems that the officers initially had a valid reason to conduct a traffic stop due to the anonymous report of speeding and swerving. Once they had checked your identification and vehicle documents and cleared you of any warrants or suspicious activity, they... View More

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1 Answer | Asked in Tax Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What type of attorney do I need to sue my deceased sons landlord for letting my daughter go in and steal his assets

I'm in texas. My son lived 7 hours away. Landord allowed her to remove assets when I told him his father and I would be in following day. I explained I was next of kin.

James L. Arrasmith
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answered on Mar 26, 2024

In Texas, for a situation involving the mishandling of a deceased person's property, you may want to consult with an attorney experienced in estate law or probate law. These attorneys handle cases related to the distribution of a deceased individual's assets and can help navigate the... View More

Q: What type of attorney do I need to file law suits on those who illegally and knowingly let another assume my nok rights

I want to make the parties involved accountable for the pain and suffering im living day to day after my sons death. I spoke to all parties..i signed release of body for cremation yet they let another person step in and

assume my role. They then told all parties not to speak to me or... View More

James L. Arrasmith
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answered on Mar 24, 2024

In a situation like yours, where you're dealing with issues around next of kin rights and the legal aftermath of a loved one's death, you would benefit from consulting with an attorney who has experience in family law and estate matters. This type of lawyer can help you navigate the... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: can I with hold payment from a company, if they refuse to give me an itemized bill when requested for a service?

I had a water mitigation company come out tear down a very small portion of my ceiling, and had a few fans and 2 dehumidifiers running for four and half days, they are charging me $8K+ for the work, which I believe is outrageous, so I have repeatedly asked for an Itemized invoice, they have claimed... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

Unless your agreement with the water restoration company specifies that payment is conditioned upon receipt of a detailed itemized invoice, an itemized invoice is not a condition precedent to your obligation to pay for the service rendered.

In most situations like yours involving small...
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1 Answer | Asked in Civil Litigation for Texas on
Q: What information can I subpoena in a case?

I am a professor at a large public university; I recently discovered my materials were posted on to a course sharing website without my permission. If this website is DMCA-compliant, can I still sue the person who uploaded the materials even if the set has been taken down? Additionally, if I take... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

You can subpoena information that is relevant or reasonably calculated to lead to the discovery of admissible evidence. The person or organization receiving the subpoena can move to quash it if the discovery sought is not reasonably proportionate to the needs of the case, is privileged, is... View More

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Texas on
Q: I just got served in a civil action lawsuit against a company I'm an independent contractor for, and have no ownership

The Civil Action Lawsuite is against Fresh Central Trading LLC., it names its President and Owner A.G., and also then names me. When I read the documents it states that I'm an owner and officer of the company and I'm just an independent contractor from Canada who is here on a TN Visa... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2024

If you are named as a party in the lawsuit, you have less than three weeks from when you were served to hire an attorney to file an answer on your behalf to the lawsuit. (In Texas state court, your answer must be filed no later than the first Monday following the expiration of twenty days from the... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

In Texas, a minor can own property. A "transfer on death" deed (TODD) vests title in real property in the grantee upon the death of the grantor. The grantee's age is not a factor. So, for example, if your father owns a house, he could execute a TODD to your son that would transfer... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

James L. Arrasmith
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answered on Mar 30, 2024

The UTMA, or Uniform Transfers to Minors Act, facilitates the transfer of assets, including real estate, to minors without the need for a formal trust. Generally, this law allows minors to receive gifts or transfers of property through a custodian until they reach the age of majority, which varies... View More

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1 Answer | Asked in Civil Litigation for Texas on
Q: Is a former employer required to represent you in a civil suit that you and them are named in?

Employee at the time of alleged incident. Another former employee is attempting to sue as they lost their unemployment case with Texas force commission. I was that employee direct supervisor at the time of their termination.

John Michael Frick
John Michael Frick
answered on Feb 29, 2024

It depends on the nature of the lawsuit and the substance of the employment agreement between the parties. In many instances, the former employer's insurance comes into play and the former employee falls within the definition of the "insured" or an "additional insured" in... View More

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

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