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2 Answers | Asked in Banking for Texas on
Q: I lost my job. I cannot make the car payments. Can I give it back? I have never been late
Tim Akpinar
Tim Akpinar
answered on Jun 4, 2024

Speak with the lender. The route you contemplate is better than repossession, but it would still be advisable to have a discussion with the lender about what options are available, per the financing agreement. I hope things turn around for the better and you find another job soon. Good luck

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2 Answers | Asked in Banking for Texas on
Q: I lost my job. I cannot make the car payments. Can I give it back? I have never been late
James L. Arrasmith
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answered on Jun 2, 2024

Losing your job and being unable to make car payments is a difficult situation. You have the option to voluntarily return the car to the lender, which is known as a voluntary repossession. This means you give back the car willingly before the lender has to take it back. While this can help you... View More

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1 Answer | Asked in Gov & Administrative Law and Health Care Law for Texas on
Q: Could we be charged with abandonment for leaving my wife’s sister at a rehab center?

She’s lived with us for years and we’ve paid for all of her expenses. But now she’s disabled and we can’t take care of her. She has no Medicare coverage because she never worked consistently enough.

James L. Arrasmith
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answered on Jun 2, 2024

Leaving your wife’s sister at a rehab center, especially if you’ve been her primary caregivers, can be a complex situation legally and ethically. The key is to ensure that she is not left without necessary care and support. It’s important to communicate clearly with the rehab center about her... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Using "This Is The Way" to signify going to the next page on my website - would this be copyright or trademark on LucFm?

This phrase would be on my website, purely for fun and signifying a linked button that would advance them to another page. I am wondering if this would be considered copyrighting or trademark against LucasFilms?

James L. Arrasmith
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answered on May 31, 2024

Using the phrase "This Is The Way" on your website to signify going to the next page could potentially raise concerns with Lucasfilm, as the phrase is strongly associated with their "The Mandalorian" series. While it might seem like a fun and harmless addition, it is important... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I live in apartment, requested to do a transfer to a smaller unit, and at the day of move in, they told me to pay 1700

I was never told about the extra payment, and it was told at the last second. They told me that nothing changes and everything stays the same, this month one price, next month lower price. There was no addition fees because I've been told that.

John Michael Frick
John Michael Frick
answered on May 31, 2024

While your inquiry does not contain a question, your rights and duties as a tenant depend on the content of the agreement reached between you and your landlord as stated in your lease agreement. If, in your lease agreement, you agreed to pay $1,700, then that is what you committed yourself to pay.... View More

1 Answer | Asked in Health Care Law for Texas on
Q: What type of attorney handles fraudulent health insurance companies or is it even worth my time?

I paid over a year for our health insurance plan through a company which then unwritten our policy through a non licensed company which was shut down by the Texas Department of Insurance. According to the consent order the company must continue paying claims until all obligations are met. If funds... View More

Tim Akpinar
Tim Akpinar
answered on May 31, 2024

A Texas attorney could advise best, but your question remains open for two weeks. You could search for attorneys who handle health insurance, healthcare, or medical billing & collection matters. You could check with state and local bar associations if they could direct you to attorneys - they... View More

1 Answer | Asked in Family Law for Texas on
Q: My husbands sister has continued to call Cps with false allegations of drug abuse on us and abuse of the children .

She has borderline personality disorder, bipolar disorder, and hyper religiosity . She herself mistreats her own child . She called CPS stating that my husband smokes cigarettes around the kids and that we were “drunk/drug addict parents “. She even told Cps that my husband was on heroin(her... View More

John Michael Frick
John Michael Frick
answered on May 31, 2024

If your husband passed the drug tests, you can ask that the restriction on your husband being left alone with your kids be removed. Assuming there are no other reasons CPS is investigating your kids, you should request and receive a letter from CPS indicating that its investigation is closed... View More

1 Answer | Asked in Child Support and Family Law for Texas on
Q: If child isn't in guardians custody an there getting child support an the child isn't with them do they have to pay back

My mother had my son since Jan 2024 he's been back in my custody she won't give him his child support he's been getting will she have to pay that back when we go to modification court? It's been 6 months she's received 200 every two weeks since and hasn't given him any of it.

John Michael Frick
John Michael Frick
answered on May 31, 2024

If the obligor (the person ordered to pay child support) has filed a motion to modify child support against your mother, the court can retroactively modify the child support back to the date of filing of that motion as long as the obligor used due diligence to serve your mother in that modification... View More

2 Answers | Asked in Family Law for Texas on
Q: What can I do after the 20 days are up?

I got her served and she’s not responding, what are the 20 day/ default judgement need to be filed? What’s the point of the 20 day if I have to wait the 60?

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

The 60-day waiting period runs from the date the petition was filed. The 20-day time limit runs from the date citation was served on your wife.

There are a small number of unusual exceptions to the 60-day waiting period. But usually, in a divorce case, it is necessary to wait until both...
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2 Answers | Asked in Family Law for Texas on
Q: What can I do after the 20 days are up?

I got her served and she’s not responding, what are the 20 day/ default judgement need to be filed? What’s the point of the 20 day if I have to wait the 60?

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 31, 2024

Make sure you file the return of citation. You can't go to court for 60 days. You will need to prepare all the documents needed for a Default. She can also answer before the 60 days which will prevent you from taking. Default .

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1 Answer | Asked in Personal Injury for Texas on
Q: Where can I find an attorney that will take on a case where mentor Textured implants caused me to get ALCL breast cancer

I can’t find an attorney to take my case

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

Given the recent federal court ruling (https://news.bloomberglaw.com/litigation/mentor-worldwide-defeats-suit-alleging-defective-breast-implants), you will most likely need to hire an attorney who is already involved in such litigation. This ruling will likely be appealed.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How do I fight a writ of possession even though my appeal was granted and I haven't been before I am able to appeal.

The landlord LLC filed as the Plaintiff, which is illegal, They misrepresented the agent for the LLC and lied in court, they also didn't give me a 7day notice before receiving the 3day notice to vacate.

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

See Rule 510.8(d)(3) and 510.13 of the Texas Rules of Civil Procedure. Ordinarily, a writ of possession will not be issued if you timely perfected your appeal and have timely paid rent into the registry of the court. If a writ has been issued, you can stay execution of the writ if it was... View More

2 Answers | Asked in Business Law for Texas on
Q: The customer we are not sure drink in the restaurant or no ?because we don’t have his card information

The customer we are not sure drink in the restaurant or no?because we don’t have his card information,we have insurance,but we don’t have liquor insurance,right now the plaintiff sue to our restaurant. So what can we do ?

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

If your business has been sued and you do not have insurance coverage, you should hire a civil trial attorney with experience in dram shop cases to represent your business immediately. Normally, you have roughly three weeks from the date that your business was sued to file a written answer to the... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: malpractice from the PCP my husband goes to

My husband was diagnosed with having a lung disease called Interstitial lung disease. Which has a mortality rate of 3-5 years. His PCP diagnosed him on August 12, 2022. He just found out in April 24, 2024. So it's been 2 years since the diagnosis. Because my husband can die within the next 3... View More

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2024

I'm sorry for your family's ordeal. You could reach out to discuss with law firms in further detail, with the benefit of having medical file records. An important issue that will need close examination here is what caused the communication breakdown with the diagnosis between August 2022... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: malpractice from the PCP my husband goes to

My husband was diagnosed with having a lung disease called Interstitial lung disease. Which has a mortality rate of 3-5 years. His PCP diagnosed him on August 12, 2022. He just found out in April 24, 2024. So it's been 2 years since the diagnosis. Because my husband can die within the next 3... View More

John Michael Frick
John Michael Frick
answered on May 29, 2024

First of all, this sounds like a health care liability / medical malpractice question, and not a legal malpractice question.

Second, just because your husband has received a diagnosis of an incurable terminal disease does not necessarily mean that your husband's primary care physician...
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1 Answer | Asked in Employment Law and Health Care Law for Texas on
Q: Does mileage have to be exact when considering non-competes?

Hi there, I am a dentist that works for a large DSO. The non-compete I signed stipulates I cannot work within a 6 mile radius for a period of up to two years. My new practice is 5.6 miles away. How likely would they come after me for that and how likely would a court side with them? Given the new... View More

John Michael Frick
John Michael Frick
answered on May 29, 2024

Whether the non-compete is enforceable and whether the stipulated 6-mile radius is a reasonable geographic restriction depends on the facts and circumstances of your particular case. Our firm and I have handled lots of non-compete cases for both employers and employees. When the new FTC rule goes... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can I ask the court to grant default if the defendant didn’t respond?

20 days are up. Can I ask the court to grant default? What’s the name of the paper if I can ask?

John Michael Frick
John Michael Frick
answered on May 29, 2024

There is a mandatory 60-day waiting period between the time a divorce petition is filed and when the court can grant a divorce. When the 60-day waiting period elapses, if your spouse was properly served and has not filed an answer, you can file a motion for default judgment, set it for hearing,... View More

1 Answer | Asked in Small Claims, Car Accidents and Personal Injury for Texas on
Q: Can a lawyer change the settlement amounts based on the policy holder requesting an even split amongst passengers?

Three passengers injured in car accident. Insurance pays the 60k limit. Policyholder now upset that the other passengers are getting a bigger settlement based on their injuries. So policyholder now requests an even split amongst passengers no matter the extent of their injuries or medical... View More

Tim Akpinar
Tim Akpinar
answered on May 28, 2024

A Texas attorney could advise best, but your question remains open for two weeks. If the other passengers sustained more serious injuries, they're supposed to receive larger awards. That's what bodily injury awards are based on - severity of injuries. They also depend on liability, but... View More

3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

James L. Arrasmith
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answered on Jun 2, 2024

As an authorized agent on an account, you have the power to perform specific financial actions on behalf of the principal. These actions can include accepting and transferring balances to the principal's account. Essentially, you manage financial transactions that the principal has entrusted... View More

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3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

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

An authorized agent has whatever powers the principal has given to the agent acting on his/her/its behalf. An agent has a fiduciary duty to act honestly in accordance with the principal's instructions in good faith with utmost loyalty to the principal and to refrain from self-dealing.

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