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Texas Libel & Slander Questions & Answers
1 Answer | Asked in Consumer Law, Lemon Law and Libel & Slander for Texas on
Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors "parkplace sold me this lemon"?

Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA.

I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car,... View More

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

Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership.

Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have...
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2 Answers | Asked in Criminal Law, Domestic Violence and Libel & Slander for Texas on
Q: My fiancé has been convicted of several felonies in Texas because the “victim” lied what can we do? If anything?

she put her 6 mo old child in his vehicle demanded he take her home and when he would not comply with her wishes she physically attacked him, he fought her back and then she threatened to call the police. Forgetting the child was in his car he left to de-escalate the situation she then called the... View More

John Michael Frick
John Michael Frick
answered on Jan 6, 2023

You should retain an experienced criminal defense lawyer to file a post-conviction writ of habeas corpus based on his actual innocence. During that proceeding, your fiance will have the burden to prove his actual innocence. He must present newly discovered evidence that establishes his innocence... View More

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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Libel & Slander for Texas on
Q: Recover paid fees from Law Firm in Tx not communicating , filing motion, adhering to court process .Appoint new attorney

I paid over $14k ($7k attorneys hours $2k paralegal plus $5k internal reviews admin fee ) for a specific performance case filed in Jul 2021. Now the Law Firm want me to file motion of summary & no evidence judgment as Pro Se in realestate deal

I am plaintiff and buyer filed petition... View More

John Michael Frick
John Michael Frick
answered on Nov 19, 2022

If you’ve only paid $14K atty fees in that type of case after 15 months of litigation, your current law firm is doing a bang up job in keeping your litigation costs low.

If they are recommending you file a no evidence motion for summary judgment, the timing seems about right as the...
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1 Answer | Asked in Criminal Law, Federal Crimes and Libel & Slander for Texas on
Q: I am about to get charged for making a false statement about the police watching my house due to drugs? what kind of cri

me is this. I went to the national night out on September 20th and the police chief said to the police officer "her,its her".." investigation, tailed" the other police officer said "why?" and he replied "drugs". I took this personally as i have never even... View More

John Michael Frick
John Michael Frick
answered on Nov 6, 2022

It seems unlikely you would be charged for making vague statements at a National Night Out event.

Making a false statement to a police officer that is material to an ongoing criminal investigation is a crime. From your question, it doesn’t sound like anything you said was material to a...
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1 Answer | Asked in Libel & Slander for Texas on
Q: Can I sue my ex-wife for defamation of character?

I received a message from a mutual friend who it’s a screenshot of her telling him she was glad to get out of an “abusive relationship”. I have previously had other people, namely fellow church members, ask things like why did I hit her, etc.

None of this is true. My daughter (16... View More

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

Yes. If you can prove that your ex made a false statement of fact about you which disparages your reputation and was believed by others causing you to lose some amount of money that can be calculated with reasonable certainty, you could prevail on a claim for libel or slander.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Libel & Slander for Texas on
Q: What type off lawyer do I need if movies producers are putting subliminal messages in movies that a putting me in danger

Grandfather was assassin for government was the killer from the town that dreaded sundown

John Michael Frick
John Michael Frick
answered on Sep 1, 2023

I think this is a problem that is beyond the ability of a lawyer to solve.

1 Answer | Asked in Criminal Law, Civil Rights, Libel & Slander and Small Claims for Texas on
Q: Persons. Presented themselves as law enforcement officers to me. To obtain a dog for a police department

I have texts. Recordings. Pictures. These men are not law enforcement officers. They are now. Threwtening to shoot me. Sheriff offfice will do nothing

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

If you sold a dog to individuals under the mistaken belief that they are law enforcement officers, a question arises as to whether you sustained any damages. You would need to present evidence of some difference in the price that you sold the dog for compared to the price that you would have been... View More

1 Answer | Asked in Libel & Slander for Texas on
Q: Can I request a subpoena and request production of documents to be sent via electronically ?

I am suing a Doctor for defamation , I want to subpoena his employer for medical records and other records /recordings, can I request that all of this be sent to my email address at a reasonable date and time? Or does the 3rd party have to show up to court to give me the items? I am not in close... View More

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

It is common for records to be produced in discovery electronically via email. You likely will need to supply a signed release from the patient for any relevant medical records.

1 Answer | Asked in Employment Law, Criminal Law and Libel & Slander for Texas on
Q: What is the law on taking pictures or videos of someone especially in an exposed position in Texas? W/out consent?

I was told I had a video or picture taken of me on a job site. It caused me to lose my job. After completing my duties I went to my private bunk house provided by the company on site. I fell asleep on the couch. I was awoken by the company man. He was yelling at me saying I was Jacking off. I... View More

Grant St Julian III
Grant St Julian III
answered on Jul 21, 2023

The question is rather broad, but review Section 33A of the Texas Penal Code for general info. Good luck.

1 Answer | Asked in Personal Injury, Constitutional Law, Gov & Administrative Law and Libel & Slander for Texas on
Q: Texas, 2002, report of Class C offenses by municipalities to DPS was optional. Does that make it a proprietary function?

Proprietary function as defined in the Texas Tort Claims Act. The report itself was completely false, as in added in error. No such arrest was made, yet it was entered and cleared 2 more stages of review before being transmitted beyond the municipality.

The entry made it all the way to my... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

This question relates to municipal liability and asks if a governmental function done ineptly or negligently by the municipality reverts to a proprietary function (a mo-and-pop-shop) so that liability attaches and no claim of governmental immunity stands.

We do not get nearly enough...
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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Texas on
Q: Grounds for wrongful termination / retalliation?

I was terminated yesterday, with the stated, "criminal charges and have violated ethical standards set forth by the Behavior Analyst Certification Board (BACB)". I do not have any criminal charges, and informed the BACB of the arrest, to which they responded no ethical violation was... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2023

Without knowing what you were arrested for, it is not possible to form an opinion as to whether this incident meets that particular provision.

As a licensed professional, you should have a written employment agreement that clearly delineates the circumstances under which your employer may...
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1 Answer | Asked in Libel & Slander for Texas on
Q: What can I do as a minor if someone is defaming my character and reputation by exposing intimate details and lying.
John Michael Frick
John Michael Frick
answered on Mar 28, 2023

You should report this to your parents as soon as possible. They may wish to retain an attorney to send the necessary demand letters and to file suit on your behalf.

1 Answer | Asked in Libel & Slander for Texas on
Q: I was called a chomo by an employee at stripes, in front of other customers, not all the details, but can I sue them?

I went to my neighborhood stripes to get gas, I went in and made small talk with the girl working, I asked her what was the girls name that worked the shift before her, she told me her name and said she's young like her son , which I didn't catch what she referring to because I... View More

John Michael Frick
John Michael Frick
answered on Mar 22, 2023

You theoretically can sue the employee but it looks like you only have nominal damages.

There are some very specific legal requirements addressing libel and slander cases, so be sure to hire an attorney with experience in this type of case.

Without large, clear economic damages,...
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1 Answer | Asked in Libel & Slander for Texas on
Q: Im in Texas and I filed a Case for Harassment, Stalking, Slander and Libel. I went to Mediation and it went to Impasse.

The Mediator was horrible. Once i filed this Case, isnt it Public Records even if we HAVENT went to Trial Yet? Our Court date havent been set yet but Anyone should be able to go online and see it. right? Im going to Request a Trial by Jury but How do i get a Motion to the Judge to set the Jury... View More

John Michael Frick
John Michael Frick
answered on Mar 1, 2023

It is usually not necessary to file a motion for trial setting in Texas state court. After conferring with the other parties’ attorneys (or the parties themselves if they are pro se) regarding their scheduling availability, you can usually call or email the court coordinator with a list of... View More

1 Answer | Asked in Criminal Law, Family Law and Libel & Slander for Texas on
Q: Is this situation slandered, defamation, something else? Is there something we can do about this?

My sister-in-law, who does have some mental issues, but is competent I guess, did the following this week.

She called my wife's employer and made outlandish claims that she was using their corporate resources to hack her businesses and her business computers.

She has no... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 18, 2022

Have a lawyer send your sister in law a letter warning her to cease her behavior,

1 Answer | Asked in Family Law, Criminal Law, Juvenile Law and Libel & Slander for Texas on
Q: Can a father legally keep me, an unrelated adult, from communicating with his kids, even if there is no bad intentions?

A father of 2 boys that Ive known for almost 4 years in person asked me to cease communication with them for no reason in January. I didn't listen and continued communication, until 2 weeks ago when he said he found out about our communication, and harshly told me to cut contacr and "seem... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Oct 5, 2022

If you are not in any way related to these children, and sometimes even if you are related, a parent absolutely has the right to prevent you from communicating with their children. Absent certain circumstances, a PARENT of a child(ren) has a more superior right to their child(ren) than ANYONE else.... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Libel & Slander and Wrongful Death for Texas on
Q: My so was wrongfully convicted double jeopardy and also denied when he filed for an appeal.
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2022

Not sure what your question is. If you can ask exactly what your issue or question is I will be glad to answer for you. Otherwise please call my law office or another experienced criminal attorney for an appointment. Please have the appeal decision ready for any questions.

Good Luck!

1 Answer | Asked in Libel & Slander, Business Law and Identity Theft for Texas on
Q: I am not sure what type of lawyer would help me with a negligence case that does not involved physical injury.

I am a real estate professional. I just recently discovered that an Appraisal Management Company which also does Broker's Price Opinons, had approved application from someone claiming to be me. The imposter was using my inactive real estate license to illegally perform BPO's. The imposter... View More

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

This particular type of dispute falls into the area of law known as professional liability. If you have a Real Estate Professional Errors & Omissions Insurance Policy, you should report the claim made against you to your insurer, who will most likely provide a defense to you.

Because...
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1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Libel & Slander for Texas on
Q: Where can I get a writ of habeas corpus article 11.09 application form when charge can later be used for an enhancement?

It's a jocular episode of "resisting arrest"; a class A misdemeanor upfront, but upon successive charges shall be enhanced to a felonious severity...

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2022

Habeas Corpus Writ Application forms should be available at the Court of Criminal Appeals website. If not, use the 11.07 app form and review the 11.09 rules to be sure you comply.

Good Luck!

1 Answer | Asked in Criminal Law, Libel & Slander and White Collar Crime for Texas on
Q: What can you do if a prosecutor lies to a judge about you?

Prosecutor has lied several times but criminal attorney said it doesn't have anything to do with statue you were charged with. What can or should you do?

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 12, 2022

"Never interrupt your enemy when he is making a mistake." - Napoleon Bonaparte

Perhaps your lawyer knows that the judge already knows that the prosecutor's argument is irrelevant.

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