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Texas Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for Texas on
Q: Can i reject a direct payment that was made using my debit card info from a medical adjuster for personal inuries?

I was involved in an accident in which my vehicle was totaled & the other driver & his insurance company admits fault.

The medical adjuster called me stating he'd cover all medical expenses up to 60 days of the date of the accident. In addition, he asked if he could send $1,000... View More

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Texas attorney should advise here, but your question remains open for a week. It's a little difficult to determine from the post what you agreed to... first-party medical expenses or [as you say in the post], personal injuries. I can't speak for Texas medical expenses - I don't... View More

1 Answer | Asked in Contracts for Texas on
Q: Seeking legal advice to break roofing contract due to insurance discrepancy and the company's lack of communication.

I signed a contract with a roofing company in April 2024, which requires me to use their services or pay a 35% penalty if I cancel. The contract lists Farmers Insurance as the insurer they would file a claim with, but the roofing company was actually paid by Lemonade Insurance (my previous policy).... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2024

It is unlikely that the discrepancy in the name of the insurance company renders the contracts void.

Ordinarily, in the absence of an express agreement to the contrary, a contractor has a reasonable time period to perform its work. If it's been three months with no contact, I...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I would like to know what steps are needed to take to file a lawsuit against Johnson co PD for wrongful arrest

I believe there is more than enough evidence to not only have the charge dropped but to file (and win) a lawsuit against Johnson co cleburne PD

John Michael Frick
John Michael Frick
answered on Aug 22, 2024

First, you need to clearly win any criminal case arising out of the arrest. By "clearly win" I mean you need to get the charges dismissed, be no-billed by a grand jury, or be found not guilty at trial by a jury.

Second, gather together all of the evidence proving the arrest was...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Can my stepdad sell his house to me undermarket value if my brother is supposed to inherit 25 percent of the sale price?

Mom had no will so 50 percent of sale will be split between my brother and myself.

Anthony M. Avery
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answered on Aug 21, 2024

Hire a competent TX lawyer to draft that Deed. Transfer Value can be computed on actual land value conveyed. But Deed should have a complete derivation of title and specify what exactly is conveyed. IRS Regulations can give values for remainders. etc.

1 Answer | Asked in Employment Law for Texas on
Q: Everyone treated me differently after I accepted my transfer offer. Is this retaliation?

I’m in a shift lead role. I recently got approved for a site transfer for October. This morning I was trying to staff the associates then was told by a higher ranked supervisor to step aside and let someone else do it. I was taken off my shift lead role for today and was placed on a station... View More

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

Employment retaliation is when an employer takes adverse action against an employee for engaging in protected activity. Protected activities include making a complaint to a governmental body, participating in workplace investigations, or opposing discrimination.

Adverse actions are actions...
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1 Answer | Asked in Contracts for Texas on
Q: If my apartment is wrongfully charging me for things I can prove are false, what can I do?

We have to give a 60 day notice, which they send out an email stating to reply to the email with said information. The information was confirmed and sent within that timely manner. I had and was allowed to have a ESA. The ESA was only allowed in one carpeted room. It was a room roughly 9x9. The... View More

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

You can file a lawsuit for declaratory judgment that you do not owe those amounts. Obviously, lawsuits generally cost more money than $1844, so you will have to make a financial decision how badly this unpaid bill is affecting your credit.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for Texas on
Q: What should I do if I paid a contractor 100% upfront and they have not done any work and they filed bankruptcy?

I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More

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

Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More

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2 Answers | Asked in Personal Injury and Health Care Law for Texas on
Q: What proof does one bring if the statue of limitations is past in TX for medical negligence
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

In order to defeat a contention that a medical negligence claim is barred by the statute of limitations, the plaintiff must offer evidence to support a matter in avoidance of the statute. For example, if the plaintiff contends that he was under 12 years of age when the treatment or care was... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Texas on
Q: I filed a case under 42 U.S.C. 1983 suing a judge for violation of 14th Amendment in Texas. Civil case.

I need to talk to a lawyer that has filed one before regarding Rule 12 motion to dismiss.

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

You likely will have a tough time. Successful Section 1983 cases against judges are extremely rare. Because of their extreme scarcity, there are likely only a handful of attorneys alive who have filed such a case against a judge.

Now many such cases are filed by pro se litigants who do...
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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I have a question regarding a lease agreement. This agreement is for a property in Allen, TX.

There are three partners (LLC) and a rift has developed between them. Two partners wanted to buy out the third (P3) but have first given P3 the opportunity to buy them out.

All three partners, along with their spouses, were required to sign to be individually responsible for the entire term... View More

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

It depends on the language of the Lease and of the Guaranties signed by the individual members.

It is not uncommon for a landlord to require each individual member of an LLC to personally guaranty a lease to the LLC if the LLC does not have established credit. Some leases provide that...
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1 Answer | Asked in Divorce for Texas on
Q: Who does the wedding ring belonged to in case of a divorce?Does it go back to the man
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

In most circumstances, weddings rings are gifts that belong to the recipient as his or her separate property.

In rare circumstances involving family heirlooms, an argument can be made that they are conditional upon the continuation of the marriage.

1 Answer | Asked in Stockbroker Fraud for Texas on
Q: I feel I’ve been scammed in the crypto market, and I am seeking an attorney who can help me recover my funds,
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

Our firm does handle this type of claim both with respect to cryptocurrency and NFT in investment scams. While there are legitimate investment opportunities, scammers can and have taken advantage of individuals who do not understand them.

That being said, these are high risk investments....
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2 Answers | Asked in Civil Litigation and Civil Rights for Texas on
Q: I purchased a 2007 truck from a relative in 2021 for 9000 dollars. It is now 2024 and he claims that I owe him $2000.

He said the truck was worth 11000, but at the time of purchase he agreed to the sale price of $9000. He cashed the check for this amount.

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

Texas has a four-year statute of limitations on a suit for collection of a debt, so it is likely too late for him to even pursue such a claim at this time.

I note that the purchase of a motor vehicle is a relatively simply transaction that most people can handle without an attorney. You...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: I need interpretation of Estate Code 351.054. As an Executor to the Estate can I file a law suit for damages without Att
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

An executor of an estate can file a lawsuit pursuant to section 351.054 of the Texas Estates Code without an attorney. An executor owes fiduciary duties to the beneficiaries of the estate. So it is very important that the executor handle any such lawsuit with the same degree of skill as an... View More

3 Answers | Asked in Criminal Law for Texas on
Q: Will they explain to me what will happen if i plead guilty before i plead for my class c misdameanor

I have a possession of drug paraphernalia citation and i want to know if when i go to court to plea tomorrow if they will explain to me what will happen if i plea guilty before i plea

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

Good Afternoon!

If by "they", you mean the Judge or the Prosecutor, they will, but they will not give you advice on what your options are or what you should do. For that, you need a defense attorney. Do not plead guilty as there are other avenues. You do not want this to...
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1 Answer | Asked in Family Law and Divorce for Texas on
Q: my husband married another woman in another country would this invalidate the marriage and be considered bigamy?

my husband went to another country and married woman. I have proof of the ceremony. we were married in 2012 and he was remarried in 2023.

Brendin Miguez
Brendin Miguez
answered on Aug 16, 2024

Under Texas law, if your husband marries another woman while still being married to you, this is considered bigamy. Bigamy is illegal in Texas and constitutes a criminal offense under the Texas Penal Code § 25.01.

To answer your specific question:

Bigamy: If your husband is legally...
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1 Answer | Asked in Contracts and Animal / Dog Law for Texas on
Q: Does something signed on my behalf while I was a minor effectively become mine when I turn 18?

My parents purachsed a horse for me when I was a child. Even though the horse is in my name, do I own it now that I am an adult, or do they since they signed on my behalf?

John Michael Frick
John Michael Frick
answered on Aug 16, 2024

Texas does not generally prohibit minors from owning property. There are certain specific things (tobacco, alcohol, etc.) that a minor is prohibited from buying and owning, but a horse is not one of those things.

The horse has been yours since it was purchased for you in your name.

1 Answer | Asked in Tax Law and Identity Theft for Texas on
Q: Can I sue my sister for stealing my identity? she created crypto accounts using my name and didn't pay any taxes on it

She created multiple crypto accounts in my name and made capital gains trading but never paid any taxes, can I sue her for it? I would like to hold her accountable for the taxes she occurred in my name. I don't want any future issues with the irs. Nor do I wanna deal with any legal issues,... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 9, 2024

Well, how do propose to avoid legal problems by inititiating a lawsuit against your sister? I am not trying to demean you or make fun of your situation, but the idea of suing someone in order to avoid legal difficulties in the future is one of the worst ideas I have heard of in a good, long while.... View More

2 Answers | Asked in Medical Malpractice for Texas on
Q: My husband Was seen in the Emergency room for shortness of breath.Oxygen saturation level Being all over the place they

Admitted him was waiting for a bed in icu but went ahead and started bipap machine Which he was on for a couple hours. He was coherent talking to us and even said he could breathe. When a bed was available and I see you they disconnected the bypap therapy machine without talking to me or him about... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 9, 2024

Yes it may be a case. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Here, the harm is clear, the death. Another qualified health care provider or providers would be needed to testify as to the breach of the standard... View More

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2 Answers | Asked in Medical Malpractice for Texas on
Q: My husband Was seen in the Emergency room for shortness of breath.Oxygen saturation level Being all over the place they

Admitted him was waiting for a bed in icu but went ahead and started bipap machine Which he was on for a couple hours. He was coherent talking to us and even said he could breathe. When a bed was available and I see you they disconnected the bypap therapy machine without talking to me or him about... View More

John Michael Frick
John Michael Frick
answered on Aug 15, 2024

You need to ask a medical doctor practicing in the area of emergency medicine whether disconnecting the bipap machine when transferring a patient into the ICU is a breach of the standard of care for a patient with your husband's symptoms. You will probably want that doctor to thoroughly... View More

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