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1 Answer | Asked in Criminal Law, Civil Litigation, Small Claims and Landlord - Tenant for Texas on
Q: Is this Blackmail/Extortion? Or do I need to pay?

When I moved in with my ex, she paid the first months rent and security deposit. We broke up and she moved out before our lease term was finished, and she was removed from the lease. It is now my current Fiance and I who are on the lease, but my Ex just contacted me saying that if I don’t pay her... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

Normally, when a tenant leaves with the consent of the landlord, the tenant is entitled to a refund of her security deposit, along with a statement and list of any itemized deductions, within thirty days of surrendering possession of the premises. Since she was removed from the lease and replaced... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Living restrictions through custody agreement

Eight years ago, my ex-husband allowed me to move outside of the living restrictions. I am now getting ready to move again, but it’s in a different county also outside of the living restrictions. Can he come after me or are those living restrictions now voided since he allowed me to verbally move... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

The geographical area restrictions in a custody agreement are typically incorporated into a custody order. Modifying the custody order requires another order of the court. A verbal agreement between the parents is usually not enforceable but, as long as he doesn't file anything with the... View More

1 Answer | Asked in Car Accidents for Texas on
Q: This is regarding my auto collision claim with my Insurance Provider.

This is regarding my auto collision claim with my Insurance Provider.

On 02/21/24, my Toyota RAV4 hit a deer and caused major damage to my car. My insurance provider is Geico.

I have been advised to take my car to the "Geico Express Facility" Body Shop. I left my car... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

I would ascertain what part is "on order," when it was ordered, and where it is coming from. If the part is genuinely "on order," it is unlikely you have a claim against GEICO or the body shop as it is not their fault that the part needed to repair your vehicle has not yet... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My wife was F2A visas with children and now is IR1 visa category . I do not see my kids on her profile on CEAC account.

What happens to the Kids category ? Shou they still follow her ?

James L. Arrasmith
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answered on May 5, 2024

In this situation, it's important to understand that when your wife's visa category changed from F2A (family-based second preference for spouses and children of permanent residents) to IR1 (immediate relative, spouse of a U.S. citizen), the visa category for your children should have also... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Does not spending a full 6 months in the country with residency status affect my ability to take the us citizenship?

I would like to take the test in Spanish it requires 50 years of age and 20 years in the country with permanent residence status. I have been here for 23 years with permanent residency but my first 5 years I used to spend less the 6 months in the country because of educational schooling back in my... View More

James L. Arrasmith
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answered on May 4, 2024

Based on the information you provided, spending less than 6 months per year in the United States during your first 5 years as a permanent resident should not affect your eligibility to take the U.S. citizenship test in Spanish, as long as you meet the other requirements.

To be eligible for...
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1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: Hi there,I was wondering if somehody could determine the likely outcome for this scenario.

A university or professor sues a student for posting a test onto a course sharing website for copyright infringement. During the proceeding, the professor or university wants to subpoena the identity of the poster and viewers of the test that poster posted; would this subpoena be granted? Would it... View More

Michael I. Leonard
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answered on May 4, 2024

In the context of a civil lawsuit, a Subpoena for the production of documents is only needed if the intended recipient of the Subpoena is NOT a party to the lawsuit. Otherwise, if the documents are being sought from a party to the case, then a Request for Production of Documents would instead be... View More

2 Answers | Asked in Immigration Law for Texas on
Q: I am looking to marry a gentleman who is Lebanese. Would it be quicker to get his visa as a Fiance' or a Spouse?

We are debating which would be the smoothest/quickest option and am finding conflicting information. We have no issue hiring an immigration lawyer but I just want to make sure we take the route that is quickest without causing future roadblacks.

James L. Arrasmith
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answered on May 3, 2024

The process of bringing a foreign fiancé or spouse to the United States can be complex, and the quickest option may depend on your specific circumstances. However, in general, the K-1 fiancé visa process is often faster than the immigrant visa process for a spouse.

1. K-1 Fiancé Visa:...
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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: During divorce do I need a quit claim on the house

We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?

John Michael Frick
John Michael Frick
answered on May 6, 2024

Typically, as part of your divorce settlement, you would want a Special Warranty Deed to ensure that your wife's surrender of her community property interest is properly recorded in the Deed Records. A quit claim deed is usually used when someone does not have a clear interest in a parcel of... View More

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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: During divorce do I need a quit claim on the house

We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?

James Clifton
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James Clifton
answered on May 3, 2024

During a divorce, it's generally advisable to address any property interests, including the house, to ensure clarity and protect your interests going forward. Even if your spouse has expressed that she wants nothing to do with the house, obtaining a quitclaim deed can help to formalize her... View More

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1 Answer | Asked in Tax Law, Banking and Employment Law for Texas on
Q: I was on ADP when I noticed a stub that I never received for 11,000 is there a reason

Happened November last year also no W2 just want to know why someone would do that

James L. Arrasmith
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answered on May 3, 2024

Hi there! I can provide some general guidance on why there might be a discrepancy and what you can do about it.

Reasons for a payroll stub without receiving the funds:

1. Administrative error: It's possible that a clerical mistake resulted in the generation of the stub without...
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1 Answer | Asked in Construction Law and Employment Law for Texas on
Q: how many day can a employer make you work in industrial construction in texas
John Michael Frick
John Michael Frick
answered on May 2, 2024

Under the 13th Amendment, an employer cannot make you work at all.

An employer can provide a job any number of days and offer to compensate you if you agree to work. If you are a non-exempt employee, the employer might be required to pay overtime if you work more than 40 hours in a week,...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: someone dies has a person in the house he let rent a room met at casino now the person locked the house up wont even let

someone dies has a person in the house he let rent a room met at casino now the person locked the house up wont even let daughter in he eviticed before he died California

John Michael Frick
John Michael Frick
answered on May 2, 2024

When the owner of a house dies, a tenant residing in that house is not required to allow relatives or friends of the deceased owner to enter the house.

Typically, the person named in the deceased owner's Will as the executor of his estate would file an application to probate the...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Can someone use a POA to sign over 100% of land from parents to just one of the siblings ?

My brother had my aunt Susan sign over 100% of my mothers land to just my brother without my knowledge. He just passed away and his son is his only heir and is selling the land without a probate, using an affidavit of heirship. I was told once that they couldn't do that, they had to give me my... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

If Aunt Susan was named as the attorney-in-fact for your mother in a POA signed by your mother and that POA gave Aunt Susan the power to dispose of real estate owned by your mother and Aunt Susan conveyed that real estate to your brother before your mother died, it would be a valid conveyance.... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Do extended stay hotel tenants have renters rights?

I stay at a extended-stay hotel.

I dont have services advertised.

They allow street people to loiter. There was a shooting.

I have PTSD, and the staff come in and out of my room with no respect for my privacy or health and no warning, despite being told I would get a 24 hour... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

Whether you are a tenant or guest depends on the facts and circumstances of your occupancy of the hotel room, including the language of any agreement you sign.

After thirty days, hotels can, but are not obligated to, treat guests as residents for tax purposes. After that time, hotels are...
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1 Answer | Asked in Family Law and Estate Planning for Texas on
Q: Can a trustee manipulate beneficiaries of trust.before death because he didn't agree with wishes of incapacitated man?

.y friend lived with an Elderly gentleman for 2 yrs. Sheis a beneficiary in his trust. And the trustee and executor of estate took POA immediately. Came to house and took will and other stuff from house. Came back next day( mon)and bullied my friend. Telling her she was going to get a considerable... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

I think it would be very unusual for the person named as trustee in a testamentary trust not to have read the Will before the testator dies. Usually, the testator would discuss his Will and wishes with his trustee and make sure that the trustee is willing to perform those duties and will honor the... View More

1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: After a request for a De Novo hearing has been filed, what are the next steps? I am representing myself & need some advi

I am representing myself and need some guidance.

John Michael Frick
John Michael Frick
answered on May 2, 2024

If this is a request for a de novo hearing from an Associate Judge's ruling, you must set the de novo hearing before the district judge within 30 days of the date that the AJ issued his/her ruling.

You then proceed at the de novo hearing exactly like at the original hearing,...
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1 Answer | Asked in Tax Law for Texas on
Q: Grandmother is receiving letters about owed taxes when she shouldn't owe any, what can we do?

She turns 90 this year, and has lived in the same house for over 20 years, but the tax office said no one was living in he house. She never moved from the house, and she was on a deferral for a long time before now, but she suddenly doesn't have it anymore.

James L. Arrasmith
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answered on May 1, 2024

First, it’s important to gather all documentation related to your grandmother's property and tax history, including any records of her tax deferral. It sounds like there may be a discrepancy or error in the tax office's records if they believe no one is living at the property.... View More

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My brother is Incarcerated and is trying to fire his court appointed attorney because he feels he's not doing anything f

They will not let him fire his Court appointed attorney

James L. Arrasmith
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answered on May 1, 2024

In situations where someone feels their court-appointed attorney isn't effectively representing them, they have the right to request a change. This usually requires filing a motion with the court explaining why the current representation is inadequate. It's important for your brother to... View More

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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My brother is Incarcerated and is trying to fire his court appointed attorney because he feels he's not doing anything f

They will not let him fire his Court appointed attorney

John Michael Frick
John Michael Frick
answered on May 1, 2024

In Texas, a mentally competent individual can fire his attorney, including a court-appointed attorney, at any time for any reason.

He may not be entitled to a new court-appointed attorney and firing his attorney does not entitle him to a continuance. But he can fire his attorney as long as...
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1 Answer | Asked in Animal / Dog Law for Texas on
Q: Who is liable if a dog injures another at a dog park?

Two dogs visit the same park regularly. One is always trying to show dominance over the other by humping him, both are fixed. The dog being dominated snaps and show his dislike but never makes contact. Recently, after months of this behavior the dog being dominated snaps and accidently bites the... View More

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

It depends on whether the owner of the dog that bit the other dog was negligent. That most likely will require a jury or judge to make a decision based on all the evidence presented at a trial. If I were the trier of fact and the evidence was exactly as you describe in your question, I personally... View More

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