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2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: I’m being sued any I would like to appeal?

I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The... View More

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

Typically, a party has thirty days from the date a judgment is entered to appeal. This can be expanded up to 105 days if that party did not get timely notice of the entry of judgment or if certain post-judgment motions were filed.

In certain circumstances, a party can file a restricted...
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1 Answer | Asked in Criminal Law for Texas on
Q: If I paid an Attorney At a law office by phone $7,500 to represent me in a criminal case and when I showed up to court

He did not have any information for, didn't remember he was representing me, hasn't shown me any evidence pertaining to my case, wants me to sign for the probation offered, and doesn't even work at law firm I pd the 7500 to and no one there even attempted to let me know he was no... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

Wow! The manner by which you were treated is terrible and unethical. To start, your lawyer should have had you enter into a written Retainer agreement, which should have basic language explaining the reason and scope of the attorney representation. If you hire an attorney and he has other... View More

1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: If I think I was harmed due to negligence what are the steps that I need to take to sue a plasma donating facility?

Thus just happened yesterday

James Clifton
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James Clifton
answered on Aug 31, 2024

First seek medical attention. Then, document your injuries and get a professional medical opinion to connect your injury to the facility's negligence.

Second, gather evidence, such as any relevant documents, witness statements, and photos.

Last, schedule a free consultation to...
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2 Answers | Asked in Bankruptcy for Texas on
Q: If I file chapter 7 can I exempt one or more unsecured credit cards if they are current?

I have one card that pays 1.5% rebate, and I pay off the balance each month. do i have to include it with the other debts?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 30, 2024

You will have signed the Official Bankruptcy forms that ask you for all debts owed on the date of filing, under penalty of perjury, as of the date of your bankruptcy petition filing, as well as the Statement of Affairs, which ask about past payments of debt.

In addition, all credit card...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Ncp has not followed court order since 2020 currently wants to follow the order. We start from the beginning of order

Non-custodial parent has been absent from child’s life since the child was six months old has a past with family, violence, harassment drugs, alcohol, etc what can managing conservator due as far as denying visitation due to social media pictures of non-custodial parent doing drugs while... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2024

Your custody order should specify what days the non-custodial parent is entitled to visitation. While it is considered good parenting to mutually agree on alternate dates if there is something that interferes with a noncustodial parent’s specified days, in the absence of such an agreement, the... View More

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: Can a city employee file charges for disorderly conduct against someone using foul language?

I am an employee for a city in Texas. I have been repeatedly harassed by one of the residents. Today, while taking a walk during one of my breaks, the resident pulled up next to me, slowed down, and started shouting swears at me. I know that Police Officers cannot be "offended" by foul... View More

Madolyn García Falone
Madolyn García Falone
answered on Aug 29, 2024

Other citizens aren’t pressing charges, only DA’s offices can do that. And while it’s annoying to deal with someone shouting curse words at you, it’s harder to establish whether that’s actually illegal conduct. You can report that behavior to the police and let them know that it’s... View More

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: If I am listed in a trust as a beneficiary wouldn't that mean I am an heir for will in probate purposes. ? TX

Dad died. Stepmother put will thru probate . Told court judge she is ONLY heir of my dad. Then she draws up an estate settlement & distribution papers wanting us kids from previous marriage to sign giving us nothing & us signing over all separate property and two houses to her to do w as... View More

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Aug 29, 2024

A trust governs what has been contributed to it. Since the trust was never funded, it essentially does not exist.

Anything not in the trust (and not passing as a pay on death bank account, transfer on death brokerage account, or to a designated beneficiary of a life insurance policy,...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: If I am listed in a trust as a beneficiary wouldn't that mean I am an heir for will in probate purposes. ? TX

Dad died. Stepmother put will thru probate . Told court judge she is ONLY heir of my dad. Then she draws up an estate settlement & distribution papers wanting us kids from previous marriage to sign giving us nothing & us signing over all separate property and two houses to her to do w as... View More

Gratia "Grace" P. Schoemakers
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answered on Aug 29, 2024

Not necessarily. In most cases when there is a trust, the will is a pour over will leaving everything to the trust. However, the only way to find out is to see what the will says. Once a will is being probated, they are part of the public records of the probate court in the county where probate is... View More

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1 Answer | Asked in Insurance Bad Faith for Texas on
Q: I had a roofing company is threatening to put a lien on my house because the insurance company did not fully pay.

Their representative told me numerous times that I would only have to pay my deductible. The insurance company is not covering the water damage on the inside of the house. The roofing company has an outstanding balance of 16,000. They are requiring that I pay that amount or they will put a lien... View More

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2024

A Texas attorney could advise best, but your question remains open for two weeks. An attorney consult might be a starting point in sorting this mess out - depending on your policy, the terms of releases signed by the company, their original work contract (and any change orders), your insurance... View More

1 Answer | Asked in Divorce for Texas on
Q: good morning.. i ave been served divorce papers as well as a restraining order.. i ned to find out when ACTUAL court

court date is..as well as the scope of the restraining order.. from what i read i am NOT to have ANY contact w/ex-spouse..?? inhave NOT & Won't.. but he has sent me an email, explaining he WANTS me out of the house by September 15, 2024? a little over 3wks!! i hav NOT Been able to find... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

First, you need to hire an attorney who handles divorce cases in Tarrant County.

Since a restraining order was included with the citation served upon you, it will show a court date for a hearing for 'temporary orders" in your divorce case. This is almost always within two weeks...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I am a landlord, i missed the 30 day time frame to inform my tenant I was keeping their security deposit.

They are saying i acted in bad faith, i was actually trying to find the cheapest option to cover the damages they caused to the landscape. They have contacted me and stated I have 10 days to pay the deposit plus legal fees. What options do i have

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

You should provide an accounting of whatever deductions are applicable based on the information known to you now and immediately refund the balance of the security deposit ASAP. If you are sued, you can provide evidence that you were diligently attempting to find the cheapest option to rebut the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Hi, How do I find out who and where to have former landlord served?

I recently was granted an unlawful eviction by means of appeal and would like to sue my former landlord. I called the Secretary of State and went to the Courts only to be told that I have to specifically have a name and address to have them served. Also have to have exact information for names of... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

The landlord's name appears in your lease. If the landlord is a business entity, you can then determine the landlord's registered agent for service of process by search the SOS Direct website maintained by the Office of the Secretary of State of Texas online. You will have to set up an... View More

1 Answer | Asked in Employment Law for Texas on
Q: Can I sue my employer?

I work in a hotel as housekeeper, I requested vacation in May for 30 days to go overseas to resolve a legal matter. One week before my departure I was told that the vacation won't be approved and I will be terminated if I go for the time I requested as will be considered no show. They said to... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

Your question does not state any grounds for a cause of action against your employer. If you had a written employment agreement governing vacation days, there may be a claim, but you did not state that in your question and it is not common for hotel housekeepers to have written employment... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Can I sue a dog seller for not making sure the animal was delivered to me?
John Michael Frick
John Michael Frick
answered on Aug 28, 2024

It depends on the terms of your agreement. Most sale transactions of this type are very simple. The Buyer chooses a dog from the Seller, pays the Seller, and leaves with the dog (and any paperwork).

When "delivery" is involved, a Seller may satisfy its duty by delivering a...
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2 Answers | Asked in DUI / DWI for Texas on
Q: Is there a way to look up if I’ve been released from my breathalyzer
Trey Porter
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Trey Porter pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2024

Yes - there are two ways to find out if you've been released from a breathalyzer device. The first place is Texas DPS: https://txapps.texas.gov/txapp/txdps/dleligibility/login.do. Check your driver's license eligibility page to see if the ignition interlock device is still listed as a... View More

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2 Answers | Asked in Probate for Texas on
Q: What happens if a person contests an affidavit. Of heirship filed on a house in texas?
Gratia "Grace" P. Schoemakers
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answered on Aug 27, 2024

If a person contests an affidavit of heirship filed on a house in Texas, the following steps and potential outcomes may occur:

Initiation of a Legal Dispute: Contesting an affidavit of heirship typically leads to a legal dispute. The person contesting (the "contestant") must file...
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2 Answers | Asked in Probate for Texas on
Q: What happens if a person contests an affidavit. Of heirship filed on a house in texas?
Terry Lynn Garrett
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Terry Lynn Garrett
answered on Aug 27, 2024

An Affidavit of Heirship does not transfer title, even though title companies sometimes treat it as though it does. It is only evidence (not proof) of the statements in it if it has been of record with no one complaining for five years. The Affidavit of Heirship and a contest of its statements... View More

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2 Answers | Asked in Personal Injury and Small Claims for Texas on
Q: Can I get a settlement if I was breathing in black mold for a hundred days when I was encarcerated in a facility in2021
John Michael Frick
John Michael Frick
answered on Aug 26, 2024

Most personal injury lawsuits are resolved by settlement. If you have a case on file, talk to your lawyer about the strength of your case for liability and the total amount of damages you sustained (most likely, out-of-pocket medical expenses based on your question). your lawyer can help you... View More

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1 Answer | Asked in Consumer Law and Child Support for Texas on
Q: Question about Texas attorney general and reporting child support to the credit bureau.

Is it legal for the attorney general in Texas to report child support as late or delinquent randomly or prior to the date that the payment is ordered to be made?

Let's say payment is due the 24, and is paid. The next month on the 24 is missed, and within a month they report you as 30... View More

John Michael Frick
John Michael Frick
answered on Aug 26, 2024

The Texas OAG is required by law to report child support to the credit bureaus. If they made a mistake, you can file a dispute with the credit bureau to have the mistake corrected, just like with any other creditor. I note that child support is almost always due on the first day of each month.... View More

1 Answer | Asked in Family Law for Texas on
Q: How do I start from the beginning when half way through a case. Been lies and had no legal help

I have a lawyer that is supposed be defending me which I was giving to by the judge!! My case I have is with CPS and from the first day of court I told my lawyer how the Caseworker lied in her statement about a removal of my kids. She wrote a whole different reason and not mentioned one thing that... View More

John Michael Frick
John Michael Frick
answered on Aug 26, 2024

At any time for any reason a client can terminate the services of their own attorney. If the attorney was appointed by the court, you are not entitled to a second court-appointed attorney, but are free to hire a different lawyer of your own choosing or to represent yourself.

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