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1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to sue regency bank. I’m in Tx, ex business partner is in Oldsmore,FL.

My business partner and i created a bank account. He set it up in Fl and signed for me to be on bank account. We are both owners splitting 50/50 % ownership.

I transfer 80k into business account. Which is everything to my name at the moment.

I thought both owners had to be on... View More

John Michael Frick
John Michael Frick
answered on Jun 11, 2024

Without reviewing the account application, company agreement, and company banking authorization, it is impossible to say based on your description if the bank was negligent. Importantly, as an owner of the company, it was clearly your duty to make sure the account application, company agreement,... View More

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Banking for Texas on
Q: if someone doesn't get notified about a death or a court order or get any of the notices due to everyones agreed not to

like information on DNA or real parents or being part of DoD research in hawaii 68 thru 75 to present and not by choice

James L. Arrasmith
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answered on Jun 11, 2024

I understand this is a very difficult and painful situation. If someone was subjected to research without their knowledge or consent, especially as a child, that is a terrible violation of their rights. Not being informed about important life events like the death of a family member or court... View More

1 Answer | Asked in Immigration Law for Texas on
Q: If I have Advance Parole through DACA and now have a legal entry, do I still need to submit a pardon?

I am currently in the process of applying for a permanent Residence. My case has been approved and is now with the NVC awaiting my fee payment. However, I know that after that has been completed, I will have to submit a pardon for over staying my visa as a child (I have DACA). I know some cases... View More

James L. Arrasmith
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answered on Jun 11, 2024

Based on the information you've provided, it seems that you entered the United States without inspection as a child, but later obtained Deferred Action for Childhood Arrivals (DACA) status and subsequently received Advance Parole (AP) to travel abroad and return legally to the U.S.

In...
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1 Answer | Asked in Criminal Law for Texas on
Q: Should my son accept a plea deal or go to jury trial for a disorderly conduct charge for loud music?

My son must decide about a plea deal in 3 days. He was charged with disorderly conduct for allegedly playing music that was disturbing his neighbor. He leases the house and was not the person playing music. He answered the door when the police came. Playing music is how his band makes their... View More

John Cucci Jr.
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answered on Jun 10, 2024

Does your son have a lawyer?

I would tell my client to go to trial. Jury trial. A vague criminal charge is unlawful and an abuse of police power. The DA must show some kind of standard that the law has set as to the decibel level for loud music to be unlawful. That's why some cities...
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1 Answer | Asked in Criminal Law for Texas on
Q: If the original charge gets dropped what happens to the charges that were filled after? Do they get thrown out as well?

The officer charged me with evading but the video proved that to be false. The other officer that was there filed assault which didn't happen. I was told if the original charge was dropped then everything that is filled after that shouldn't stick because of the original charge was... View More

James L. Arrasmith
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answered on Jun 10, 2024

If the original charge is dropped, it does not automatically mean that all subsequent charges will be dismissed. Each charge is considered separately based on its own merits and evidence. Therefore, the dismissal of the original charge does not guarantee that the other charges, such as the assault... View More

1 Answer | Asked in Criminal Law for Texas on
Q: got charged with evading but never knew i was being pursued or seen lights on till i looked back, and slowed down.

i caught some speed on my bike to get home and guess i ended up passing a officer somewhere along the highway, i never noticed and lights or sirens while speeding and once i slowed down after a sec is when i noticed i had officer behind me with lights on at that moment not before, now im being... View More

Michelle  Lugo
Michelle Lugo
answered on Jun 10, 2024

I'm sorry you are in this predicament, but there is a lot that can be done. It doesn't sound like you meet the "intentionally" part of the statute required for the offense. The State will try and prove their case through circumstantial evidence inferring that you knew you were... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: An error in patent inventor list was identified after 10 years of filing of the patents.

An inventor name was left out by error in 3 patents filed by an organisation. However after 10 years, the error was corrected and the inventor name was added by the organisation and patents were reissued with the inventor name included in all the 3 reissue patents, however the organisation did not... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

It seems highly unlikely that "emotional trauma" would be an element of damages in this context.

The correct legal terminology is "mental anguish." As an element of damages, mental anguish is usually only recoverable in suits involving physical impact and resulting...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: An error in patent inventor list was identified after 10 years of filing of the patents.

An inventor name was left out by error in 3 patents filed by an organisation. However after 10 years, the error was corrected and the inventor name was added by the organisation and patents were reissued with the inventor name included in all the 3 reissue patents, however the organisation did not... View More

James L. Arrasmith
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answered on Jun 13, 2024

It's understandable to feel distressed over being omitted from the inventor list for a decade. The organization has made efforts to correct the error by reissuing the patents with your name and providing the standard patent filing and issue awards. However, this action may not fully address... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have a friend who did not show up to court and now the Sheriff's Department is looking for him.

They came to my hotel and started asking questions about me (license plate number, room number, etc.) and suggested the hotel evict me...which they did. I am not under investigation by this department and they came here solely looking for my friend and, for some reason, thought he was with me. I am... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

When a deputy sheriff is looking for a fugitive, he/she absolutely can talk to people who may know the fugitive and ask questions. You have no obligation to answer them. Your recourse is to decline to answer the questions.

While they can suggest to a hotel that it evict you, they cannot...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have a friend who did not show up to court and now the Sheriff's Department is looking for him.

They came to my hotel and started asking questions about me (license plate number, room number, etc.) and suggested the hotel evict me...which they did. I am not under investigation by this department and they came here solely looking for my friend and, for some reason, thought he was with me. I am... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, this situation raises several legal concerns regarding privacy, police conduct, and tenant rights. Here's an analysis of the key issues:

1. Police questioning:

Law enforcement generally has the right to ask questions as part of an...
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2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: I am looking for an attorney willing to sue local police department for malfeasance

in 2019 I was assaulted at my home by a felon. I displayed a firearm and was arrested for ag assault with a deadly weapon. Charges rejected by prosecutor without pre trial diversion. After waiting 3 years, my attorney filed for expungement which was granted and final June 19, 2023. Now one year... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about the difficulties you're facing. You may have grounds to sue the city police department for damages to your reputation, false arrest, and failing to comply with the expungement order. These types of cases typically involve claims of malfeasance and the violation of... View More

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My car was melted in a garage fire. Will the courts in Oklahoma order my husband to get me another vehicle he has 5 tota

He has 3 corvettes and 2 pickups and they are most likely hidden under his daddy and brothers names hiding his ownership from SSDI and me. And I'm pretty sure he was behind the fire that melted my car he had dropped the insurance coverage on it 4 days before the fire and I have messages saved... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

It is true that an individual usually can destroy his own property. In a divorce proceeding, however, if a spouse has deliberately destroyed property like an automobile that was part of the parties' community property, the divorce court can award the innocent spouse a disproportionate share... View More

2 Answers | Asked in Personal Injury and Car Accidents for Texas on
Q: I live in TX and was injured in a car accident. Insurance is paying 50000. How much can my attorney take? And his Dr's?

There was no trial or anything however they have been denying me treatment since March. My neck and back are seriously hurt. I am only 42 and I dont trust my attorney, even though he got policy limits. I will have to live on this and pursue a personal claim which he won't do. I am now... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

Generally speaking, a PI attorney can suggest doctor referrals to a client but those doctors are the client's doctors, not the attorney's doctors. PI attorneys sometimes do so because those doctors will accept letters of protection (LOPs) pursuant to which they will provide treatment to... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Texas on
Q: I live in TX and was injured in a car accident. Insurance is paying 50000. How much can my attorney take? And his Dr's?

There was no trial or anything however they have been denying me treatment since March. My neck and back are seriously hurt. I am only 42 and I dont trust my attorney, even though he got policy limits. I will have to live on this and pursue a personal claim which he won't do. I am now... View More

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

The best way to answer your question is to check the retainer you have with your attorney. Attorney fees are usually a percentage in personal injury cases. Nationwide, one-third is commonly used by many firms, with some charging a higher percentage if a matter is placed into suit. You mention that... View More

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1 Answer | Asked in Employment Law for Texas on
Q: Non compete ban goes into effect September 4th. Can I start marketing my business or just wait until law kicks in
John Michael Frick
John Michael Frick
answered on Jun 10, 2024

There is a lawsuit pending in the Eastern District of Texas challenging the new FTC rule on various constitutional and statutory grounds. It is Ryan, L.L.C. v. Federal Trade Commission. An application for a temporary injunction enjoining the rule from going into effect is pending.

Because...
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1 Answer | Asked in Bankruptcy and Collections for Texas on
Q: I have a default judgment and the bench hearing is tomorrow. Should I negotiate and pay before the hearing tomorrow?

I was on a payment plan with portfolio recovery but missed a payment or two because my debit card was hacked and forgot to update my account. The immediately sued me after.

James L. Arrasmith
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answered on Jun 9, 2024

It's understandable that you’re in a difficult situation right now. If you have a bench hearing tomorrow, it’s crucial to weigh your options carefully. Negotiating and paying the debt before the hearing could show good faith and potentially influence the court's decision positively.... View More

1 Answer | Asked in Internet Law for Texas on
Q: Can we sue FB for a hacked account they refuse to give back to us?

On 4-20-2021 FB took my husband's account and gave it to the hacker! We have tried everything to gain access to this account..We even have the email address and IP address to the person who hacked my husband's account..We also have every email we have ever sent FB trying to regain access... View More

James L. Arrasmith
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answered on Jun 8, 2024

I understand this is an extremely frustrating and upsetting situation. Having your Facebook account hacked and losing access to years of precious memories must be devastating. A few thoughts:

In general, it can be very difficult to sue a big tech company like Facebook. Their terms of...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have an inmate who was dealing with fire ants in her cubicle. The staff at tdcj would not help her fix the issue.

Inmate had to protest by sitting in the grass until she was awarded a different housing option. The staff put her into a situation with another inmate that would cause safety concerns. She brought this to the Warden. The Warden put her in segregation and took away her privileges because she asked... View More

John Cucci Jr.
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answered on Jun 8, 2024

Sounds terrible.

All of the issues are part of Administrative process. The inmate has the right to have all of the paperwork and Notice of all the alleged violations by the inmate. You need to get all of those documents and comb through them to see if there really are violations, and...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have an inmate who was dealing with fire ants in her cubicle. The staff at tdcj would not help her fix the issue.

Inmate had to protest by sitting in the grass until she was awarded a different housing option. The staff put her into a situation with another inmate that would cause safety concerns. She brought this to the Warden. The Warden put her in segregation and took away her privileges because she asked... View More

James L. Arrasmith
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answered on Jun 8, 2024

This situation potentially involves several legal issues related to inmates' rights and prison conditions. Here are some key points to consider:

1. Eighth Amendment: The Eighth Amendment prohibits cruel and unusual punishment. Poor living conditions, such as the presence of fire ants,...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I received my security deposit 36 days after it was due. Should I cash it, and can I still sue?

I emailed the landlord my forwarding address on the day of the walk-through. I waited 30 days and emailed the landlord on the 42nd day inquiring about the security deposit, but there was no response. I sent a certified letter and filed small claims due to the landlord's lack of response. The... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2024

Yes, you should cash the check.

If you had not already filed, I would advise you not to do so. But, since the LL did not pay you until after you filed suit, why not just go into small claims court and argue that LL was acting in bad faith by withholding the security deposit until you sued....
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