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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for Texas on
Q: What is the statutory limitation and code for a person to file a civil lawsuit in Arkansas?
John Michael Frick
John Michael Frick
answered on Aug 10, 2023

The statute of limitations for most civil claims in Arkansas is one-, three-, five-, or ten-years depending upon the substance of the civil claim.

You should consult an attorney experienced in the particular area of law encompassing your claim in or near the county where you intend to file...
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1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: Will my civil counter claim be thrown out for not citing statues or rules

We are looking for statutes or rules to reference in our Personal Civil Counter Claim (not a business case) but can not find the correct ones to cite.

Im looking for Assault, non recent childhood abuse, breach of verbal contract promissory estoppel , and loss of future earning capacity.... View More

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

O’Connor’s Texas Causes of Action is my go-to for succinct summaries of many common causes of action containing case and statutory citations. I often reread the chapter(s) on specific causes of action I think should be included in a petition before I draft. Well-organized so it is a quick and... View More

2 Answers | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: Per the AJ report, with no dates, I was awarded standard possession order, but no attorney filed the SPO w/courts

With no SPO or any other orders stating custody, what does this mean? My attorney disagrees with my research, ignores my calls. The custody filling started with an ex Parte order that shouldn’t have been ordered as the judge was misled with insufficient evidence. I have tons of evidentiary... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

Wow, many items to unravel here. First, if you are having difficulties communicating with your attorney, it may be time for a change. Before you change, email, and request a conference - either in person or via zoom. Use that session not only to catch up, but to establish strategy for your case... View More

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2 Answers | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: Per the AJ report, with no dates, I was awarded standard possession order, but no attorney filed the SPO w/courts

With no SPO or any other orders stating custody, what does this mean? My attorney disagrees with my research, ignores my calls. The custody filling started with an ex Parte order that shouldn’t have been ordered as the judge was misled with insufficient evidence. I have tons of evidentiary... View More

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

I strongly urge you not to file any sort of grievance against the judge raising any of the issues you describe above. That is going to make you appear unhinged and could cripple any chance you have to get custody of your son.

Ex parte orders are, by their very nature, of very limited...
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1 Answer | Asked in Real Estate Law, Civil Litigation, Native American Law and Probate for Texas on
Q: is there a probate lawyer lisenced in texas pro bono

joint owner (seller) me need help from threat of force of sale suit from(other owner) they say or force of me giving up my interest in estate

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2023

A Texas attorney could advise best, but your question remains open for two weeks. Here is a link to a page on this Justia site

Texas Probate Legal Aid & Pro Bono Services

https://www.justia.com/lawyers/probate/texas/legal-aid-and-pro-bono-services

You include Native...
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1 Answer | Asked in Civil Litigation, Small Claims and Employment Law for Texas on
Q: I lived and worked in the same home as a caregiver. I was there almost 2 years. I made $500 a month and given a room

And board. I caught my boss physically abusing grand daughters. I confronted him he told me to get out. I did turn him in to police and CPS was notified. Was kicked out without last pay immediately. Now I'm homeless. Do I have recourse?5

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

Yes, you can file a wage claim with the Texas Workforce Commission for your unpaid wages. You may also be able to file a claim for unemployment compensation depending on the terms and circumstances of your employment. If, for some reason, you did not receive a Form W-2 or Form 1099 from your... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: What is the best recourse after a client breaches contract with our company?

Their business is potentially going under which is why they have defaulted.

The obvious first thoughts are to file a lawsuit.

Are there other easier alternatives to filing a lawsuit such as possibly filing a lien on the commercial property or possibly filing a claim with either our... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Basic maintenance and janitorial services are not the type of service that give rise to potential lien rights under Texas law. The cleaning of construction debris might.

I can't think of a type of insurance policy that is likely to cover a failure to pay for services breach of...
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1 Answer | Asked in Civil Rights, Wrongful Death and Civil Litigation for Texas on
Q: How do I go about making a civil suit on WacoPD for murder and also the state for wrongful conviction
John Michael Frick
John Michael Frick
answered on Jul 25, 2023

To report a murder, go to the appropriate law enforcement agency for the area where the murder was committed. If the murder occurred in the City of Waco, you can report the murder to Waco PD or to the McLennan County Sheriff's Dept.

To file a wrongful death lawsuit, you should hire...
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1 Answer | Asked in Civil Litigation for Texas on
Q: How can a co-owner of a car legally take possession from the other co-owner for defaulting on the loan in TX?

My husband is the co-owner of the car with his mother. His mother needed the help to buy the car and now has defaulted on payments.

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

Each co-owner of a motor vehicle was an equal right to possession of the motor vehicle. Your husband has the right to take possession of the motor vehicle at any time, and his mother has the right to take possession of the motor vehicle at any time.

1 Answer | Asked in Civil Litigation for Texas on
Q: Can I plead the 5th at my deposition?

I was being sued in a civil case where the Judge ruled in their favor but now I'm counter sueing them. So I am becoming the Plaintiff in this situation. They are trying to get my counterclaim dismissed next month but they have scheduled a deposition with me. I'm guessing to try to get... View More

John Michael Frick
John Michael Frick
answered on Jul 21, 2023

No, you cannot prophylactically assert the Fifth Amendment in the manner described. You must assert the Fifth Amendment to the specific question asked and must have a good faith basis for doing so. Generally speaking, a good faith basis means that you have a reasonable fear that your answers can... View More

2 Answers | Asked in Civil Litigation for Texas on
Q: Who can be present during a deposition?

I am a witness on the defendants side. I am allow to be present during his depostion?

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2023

It could depend on the law firm conducting the deposition. If you're also a deponent and the law firm is doing back-to-back depositions, it's a good bet they're not going to want you in the room because they won't want you comparing notes with the defendant. The defendant likely... View More

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1 Answer | Asked in Civil Litigation for Texas on
Q: Do I have to answer personal relationship questions in a Deposition or in Court?

My family has done background checks and have harassed people I know in the past and I want to protect one of my witnesses. They keep referring to my witness as my girlfriend when she is really just a roommate/friend. They also keep asking if I have children with her. Can I refuse to answer... View More

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

Generally, the questions you pose are not objectionable in a deposition. Whether a witness is in a romantic relationship with a litigant, or has children with a litigant, is likely relevant on the question of bias. A juror could easily conclude that a girlfriend, roommate, or friend might be... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: Are Pro Se also considered the Witnesses Lawyer?

If you are Pro Se, can I act as the witnesses lawyer and be with them during a deposition and guide them and object if necessary?

Also I assume that its ok to object during court for them as well?

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

No. A person appearing pro se only represents himself/herself. Only a licensed attorney can represent another person, be that another party or a witness.

As a pro se party, you have the right to attend depositions and to object within the confines of the Rules which strictly limit what...
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1 Answer | Asked in Civil Litigation for Texas on
Q: When do I submit my counterclaim evidence?

I have a Deposition coming up in a week, I am the one being questioned.

I have already filed a Countersuit prior to the Deposition, this is what the Deposition is centered around.. Following the Deposition they have also filed a Dismissal of Countersuit hearing a couple of weeks after the... View More

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

You are referring to something you call a "Dismissal of Countersuit" hearing. The two most common things that could mean are a hearing on a motion to dismiss filed under Rule 91a or a hearing on a motion for summary judgment filed under Rule 166a. It could also mean a motion to dismiss... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: I have filed a small claim against my ex for my dog and the money she owes me and she didn't respond in time.

I have filed a small claim against my ex for my dog and the money she owes me and she didn't respond to the complaint in time. So, I have submitted a form to set a motion for default judgment in San Antonio, Texas. The clerk at the court I am suing my ex has set up a court date for a default... View More

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

At a default hearing, you need to present competent evidence of the damages you are seeking against your ex. This likely will include both oral testimony from you, and possibly other witnesses, and documentary evidence, which might include text messages and emails, establishing the amount of... View More

3 Answers | Asked in Constitutional Law and Civil Litigation for Texas on
Q: Lawyer withdraws and be rehired for same civil case in Texas

Can a lawyer withdraw from a civil case (representing 4 people) due to non payment, another lawyer take over the case and then later the first lawyer come back to represent a portion (2 out of the original 4)

Is that prejudicial or conflict in any way that judge would reject? This is in Texas

James L. Arrasmith
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answered on Jul 11, 2023

A lawyer in Texas can withdraw from a civil case due to non-payment and then be rehired to represent a portion of the original clients. However, the judge may reject the second representation if it is found to be prejudicial or create a conflict of interest. The judge will consider factors such as... View More

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3 Answers | Asked in Constitutional Law and Civil Litigation for Texas on
Q: Lawyer withdraws and be rehired for same civil case in Texas

Can a lawyer withdraw from a civil case (representing 4 people) due to non payment, another lawyer take over the case and then later the first lawyer come back to represent a portion (2 out of the original 4)

Is that prejudicial or conflict in any way that judge would reject? This is in Texas

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

Typically, a judge would not interfere unless one of the lawyer's original 4 clients complains. That said, if one of those clients complains that there is a conflict of interest that precludes the lawyer from reappearing only on behalf of 2 of the original 4 clients they previously... View More

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1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: Can I nullify a Unclean Hands claim?

Does a verbal agreement nullifies an Unclean Hands claim if the verbal agreement happened after the Unclean Hands claim, and if so what is the statute or rule/law.

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

"Unclean hands" is an affirmative defense to a claim for equitable relief such as a suit for specific performance or a suit for recovery in quantum meruit. For certain types of actions, "unclean hands" is an inferential rebuttal issue, (e.g. reformation and rescission). It is... View More

2 Answers | Asked in Traffic Tickets and Civil Litigation for Texas on
Q: I got a letter for my license being suspended if I don’t pay for the incident. I have 20 days to respond I’m unsure what

I got a letter from the TEXAS DPS about wanting to suspend my license due to an accident for no insurance but I had insurance just did not activate on time. The insurance company wants to sue me but I’m 20 and didn’t work for months and they are asking for big numbers that I can’t afford and... View More

James L. Arrasmith
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answered on Jul 6, 2023

If you received a letter from the Texas Department of Public Safety (DPS) threatening to suspend your license due to an accident without insurance, it's important to take the situation seriously and respond within the given timeframe of 20 days. Even if you had insurance that wasn't... View More

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2 Answers | Asked in Traffic Tickets and Civil Litigation for Texas on
Q: I got a letter for my license being suspended if I don’t pay for the incident. I have 20 days to respond I’m unsure what

I got a letter from the TEXAS DPS about wanting to suspend my license due to an accident for no insurance but I had insurance just did not activate on time. The insurance company wants to sue me but I’m 20 and didn’t work for months and they are asking for big numbers that I can’t afford and... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Your driver license can be suspended under the Texas Safety Responsibility Act if you meet the following criteria:

1. You were involved in an automobile crash;

2. The investigating officer lists contributing factors that indicate you were responsible;

3. You did not have...
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