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I recently sold a piece of land, and the survey has just been completed. The buyer has not yet made any payment, and I did not use an attorney or a title company. I need assistance in obtaining and recording the warranty deeds, preferably by the end of the month. How should I proceed with this... View More 
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answered on Mar 25, 2025
You have not sold land yet. Without a deed conveyance and getting paid, you have done nothing but possibly get into legal trouble, and definitely will cause problems for all concerned. Hire a TX attorney to search the title, draft appropriate deeds which incorporate legal descriptions from the... View More
I recently sold a piece of land, and the survey has just been completed. The buyer has not yet made any payment, and I did not use an attorney or a title company. I need assistance in obtaining and recording the warranty deeds, preferably by the end of the month. How should I proceed with this... View More
answered on Mar 25, 2025
You don't.
If you were very experienced and knowledgeable about deeds and conveyances of real property, you could probably draft a simple deed yourself.
The fact that you are asking this question, however, indicates that you are not experienced and knowledgeable on this... View More
I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More
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answered on Mar 23, 2025
The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More
I'm in the process of selling a property after a divorce. The divorce decree clearly states that I have no debt, yet there is a HELOC loan taken jointly by my ex-spouse and me. Am I responsible for the HELOC loan repayment during the sale of the property considering the terms of the divorce decree?
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answered on Mar 21, 2025
Under Texas law, your divorce decree may state that you are not responsible for any debts, but lenders are not bound by divorce decrees—they are only bound by the original loan agreement. If you signed the HELOC (Home Equity Line of Credit) jointly, the lender can still hold you personally... View More
I am considering firing my lawyer because I believe he is not representing my son effectively. He has only visited my son twice, and that was during court appearances. There are many discrepancies in the case he refuses to address with the prosecutors. Although I requested an itemized statement of... View More
answered on Mar 21, 2025
Most likely, from what you say in your question, the lawyer is your son’s lawyer and you and your ex-husband agreed to pay $7500 each for the lawyer to represent your son.
It is important to understand that, in this situation, only your son can fire his lawyer. Your son’s lawyer may be... View More
I was approved for a loan by a probate advance company, but they've only sent one payment and haven't fulfilled the rest of the payments as promised. They've stopped responding to my emails and calls. I have the loan agreement and written communication. What steps can I take to resolve this issue?
answered on Mar 15, 2025
You can sue the lender for breach of contract. Check your loan agreement to see if you agreed to mediation, arbitration, or a particular forum for the resolution of your dispute. These type of provisions are common in such loan agreements and are almost always enforceable.
I hired a mechanic I found on the Nextdoor app to change the coolant in my Jeep. After his work, the engine was damaged, resulting in a banging noise and the vehicle not staying on. The repair costs are estimated at $5,000. The mechanic has since blocked me and I'm considering suing for... View More
answered on Mar 10, 2025
You can legally sue for any damages to your Jeep that was caused by the mechanic. Because the cost of repair is $5,000, you can bring a small claims suit in the Justice of the Peace Court for the county and precinct where the mechanic resides or where the damage was done without needing an... View More
My son signed a rent-to-own lease for a trailer home that's in poor condition. The stairs are falling apart, the tub doesn't drain properly, and the gas stove can't be used because the trailer only has electricity. The lease is for 70 months. I'm visiting this Friday to review... View More
answered on Mar 10, 2025
First and foremost, review the rent-to-own lease itself. It should indicate who is responsible for maintenance and repairs and whether the tenant must first obtain written approval from the landlord. It should also indicate any cancellation procedure including any required notices.
I would like to represent my mother, who is currently incarcerated, during a partition suit in Texas. I am not an attorney, but my mother wishes for me to ensure she is treated fairly in the division of proceeds. She intends to give me power of attorney for this matter. I have spoken to the... View More
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answered on Mar 8, 2025
Sometimes a POA is sufficient to represent an incarcerated person. In this case though it seems as if a Receiver has already be appointed by the court in the partition suit. I would go ahead and execute the POA and also file a letter into the partition suit asking for all notices as in interested... View More
Earlier this year, a friend loaned me his truck for about two weeks to assist with my move out of state. During this time, the truck got reported as stolen. The friend mentioned in a statement that a welder went missing four days before he let me borrow the truck, and there are text messages where... View More
answered on Mar 8, 2025
The trouble is that you pled guilty in OK. I'm assuming that you pled because you got 19 months of probation. The fact that you said you were guilty, makes it easy for the Prosecutor to prove the same case when you went over the border into Texas.
You do list some compelling facts... View More
I recently renovated over 80% of a residence, but the court case held on 3/4/25 ruled in favor of the Plaintiff. There were no agreements in place regarding the renovations. I am not currently working with a lawyer and need guidance on how to appeal for unjust enrichment to seek a favorable outcome.
answered on Mar 6, 2025
To file an appeal, you need to file a notice of appeal within 30 days of the date the final judgment was signed. An appeal is not a DIY project. You need to hire an attorney who practices in the area of civil appellate law in the appellate district where the trial court is located. You should... View More
I have been in the U.S. for over 10 years, and my spouse and I have a joint account. Recently, I discovered that he has been transferring money from our joint account to his personal savings account, claiming it's for his bonuses. However, I've found instances from bank statements where... View More
answered on Mar 5, 2025
Yes, it is legal. Because it is a joint account, each of you has the right to make withdrawals or transfers of funds. It may, however, be a breach of his fiduciary duty to you as his wife if he uses any of the funds he transferred into his separate savings account without your permission... View More
I've been using a business credit card issued by a pool technician company for pool-related expenses and gas for my truck. I ended up purchasing retail items and food from grocery stores and restaurants, which were not authorized. The employer verbally mentioned the card's intended usage... View More
answered on Mar 3, 2025
You should immediately repay any unauthorized charges in full to avoid being charged with a crime. Legally, the question is did you exceed the authority given to you by the company to use the company credit card. "Purchasing retail items and food from grocery stores and restaurants"... View More
I was hired to make payments on a truck for a company and have found that, after all deductions, I am underpaid. My paychecks document this underpayment, and I have numerous Electronic Logging Device messages requesting more miles for a bigger paycheck. Despite my efforts, I am required to work... View More
answered on Feb 24, 2025
This sounds more like a contract issue than a tort issue, so it is highly unlikely any sort of punitive or exemplary damages are available to you.
If you are an employee of a trucking company and are being underpaid, you can report the underpayment to the TWC by filing a wage & hour... View More
I work in the hospitality industry and have accepted two jobs with different companies. My first job is with a large hotel chain where I work as a sales manager at the property level. The second job, which I haven't started yet, is with another chain for a business development role focused on... View More
answered on Feb 19, 2025
Even in the absence of a written agreement, an employee is an agent of his employer, the principal, and as an agent owes certain fiduciary duties to the employer. Among these is the fiduciary duty of loyalty which would preclude the employee from working for a competitor without the... View More
I was involved in an accident with a drunk driver in July 2023 and received an insurance settlement. I experienced scarring and bruising from my legs to my neck. I no longer have access to the settlement agreement, so I'm unsure if it includes terms about pursuing further legal action. Can I... View More
answered on Feb 18, 2025
It depends on whether you settled with your own insurance company or with the drunk driver's insurance company. If you settled with the drunk driver's insurance company, the settlement almost certainly included a release of all claims by you against the driver.
In Montgomery County, Texas, I posted a bail bond for $500 and later realized there was a Power of Attorney (POA) granted through the bond without my knowledge. I've never seen or had the terms explained, and I'm unsure about any financial implications. In addition, there is confusion... View More
answered on Feb 17, 2025
When you enter into an agreement with a Bonding company, you sign a contract. You are then bound to the terms. There are lots of rules that the Bond Co. must follow. You can see the rules in the Penal code. It is available on the internet.
The $400 is probably the pro-rated fee for your... View More
I am currently employed as a venue manager by a wedding venue in the wedding and event planning industry. I signed a non-compete agreement that states I will solely work for the company and not engage in wedding coordination or planning for other venues while employed. I also own an LLC from a... View More
answered on Feb 14, 2025
You actually have two issues.
First, the language of your non-compete will determine whether your proposed consulting work through your own LLC violates your agreement with your employer. Most non-complete agreements would prohibit such work.
Second, you appear to also have an... View More
I have signed an agreement with an online company (ZoomInfo) where I pay a monthly amount for a period of 24 months. The information that they provide is contact information for business individuals where I can filter for a specific targeted audience. They provide company names, individual names,... View More
answered on Feb 7, 2025
Your understanding of the CAN-SPAM Act is flawed. You actually can send out cold intro emails without prior consent, but the Act requires such emails to meet certain specified criterion. Among other things, the email must indicate that it is an advertisement and must have an... View More
He was psychologically abusing me for months, when I finally confronted him about him intentionally changing our moving plans at the last possible moment, and postponing the move for ridiculous reasons, He left me in the desert 40 miles from anything. I had to hitchhike for hours and found him at a... View More
answered on Jan 15, 2025
Yes, Texas recognizes a lawsuit for wrongful eviction. Because the damages are $20,000 or less, you should file this case as a small claim in the justice of the peace court where the premises are located. In JP court, you do not need an attorney. The cost of an attorney would ordinarily be more... View More
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