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Texas Questions & Answers
1 Answer | Asked in Car Accidents for Texas on
Q: A civil citation states we were negligent owners in an accident, but we sold the vehicle. How can we be removed?

We have the bill of sale and registered the sale with the DMV. How can we go about being removed as defendants in this case? Case is in Harris County, Texas

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Ask the lawyer defending you in the accident case to file a traditional motion for summary judgment asserting that you were not the owners of the vehicle at the time of the accident. You can attach the bill of sale and registration as summary judgment evidence.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What do we need to do if we feel the custodial parent household is not safe for children.

We have been having difficulty with the custodial household. We have had instances where the child has been neglected in hygine, health, and possible excessive punishments for small things. We have had to get in touch with cps several times and nothing is being done.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You need to hire an attorney with experience in family law to file a Motion to Modify in Suit Affecting the Parent-Child Relationship and ask for temporary orders. I strongly recommend that you stop communicating with CPS unless one of your children suffers a serious bodily injury or medical... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I get my kids for the last weekend in May after school ends?

My papers say that I get my kids the 1st, 3rd, and 5th Friday of every month. My summer possession are as follows I get two weeks in June and two weeks in July. The papers also state that I get them in the summer for my regularly weekend visits, but that is not what I was told when they where... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

First and most importantly, your summer possession schedule is determined by exactly what your possession order says.

Normally, under the standard possession schedule in Texas, you get your weekDAY (typically Thursday) period of possession only during the school year, but you get your...
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1 Answer | Asked in Employment Law for Texas on
Q: I live in Texas and my employer said I cannot pump milk on the job and I have to dry up is that legal?

I am a nursing mother outside of work and I just started working well when I said I needed to pump my employer asked if I was drying up because during the mornings it’s so busy and I won’t have time to pump and when I said no she stayed quiet is this grounds to fire me? I didn’t know this... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Any employer who has at least fifty employees is required to provide reasonable breaks and a private place other than a restroom for a mother to pump milk for one year from the date of birth of the child.

Guidance suggests that "reasonable breaks" should be 2-3 breaks in an...
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1 Answer | Asked in Contracts, Employment Law, Estate Planning and Banking for Texas on
Q: Statues of limitations where do I send annuity checks that were written 2010?

I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More

James L. Arrasmith
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answered on Apr 21, 2024

I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:

1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the...
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1 Answer | Asked in Criminal Law for Texas on
Q: I let my sister hold $10,000 of my cash in Texas. Her husband lent us his car and it was damaged can he take my money?

he took my money from my sister and refused to give it back because his car was damaged. Is that legal?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

Not legal unless the deposit of the money was for the purpose of securing or insuring the car you borrowed. What he did is called conversion, and may be considered a felony theft. If he doesn't give the $ back, or try to make arrangements with you, then you should call the police to get your money.

1 Answer | Asked in Business Law, Contracts, Consumer Law and Small Claims for Texas on
Q: Where do I file a small claim against a corporation headquartered in Ohio but conducts business in Houston, Texas

The Company is Divisions Maintenance Group in Ohio but operates a handyman app that provides a job load board for technicians anywhere in the nation. As we perform maintenance jobs for businesses in our local region, the businesses pay Divisions Maintenance Group for our services, and we get paid... View More

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

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092. So in the JP court for the precinct where the Sam's Warehouse where you performed the services is located.

1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

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

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I make memes and I get clips from other creators.Creators I get clips from don't have a way to contact them.

Can I be sued for this.

James L. Arrasmith
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answered on Apr 18, 2024

The legality of using clips from other creators in your memes without their permission depends on the specific circumstances and whether your use falls under "fair use." Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the rights holders... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My father applied for residency. He received a letter of a intent to deny his application. Is he going to be deported?

They gave him a month to respond or fight the case. Is there a way to give my dad more time to fight it? is he going to be ordered to leave the country? The letter showed were he was interviewed and they asked him certain questions, my dad lied about his previous deportation. He said he was afraid... View More

James L. Arrasmith
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answered on Apr 17, 2024

I'm sorry to hear about your father's situation. Receiving an intent to deny his residency application must be very stressful for your family. While I can't provide legal advice, I can share some general information that may be helpful:

An intent to deny letter means USCIS is...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: What is the landlord tenant law in Frankfort Kentucky.

If someone lives with you but they are not on the lease are you required to give them notice to leave, and can they take you to court for formal eviction even though they aren't a resident on the apartment lease.

James L. Arrasmith
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answered on Apr 16, 2024

In Frankfort, Kentucky, and the state of Kentucky in general, landlord-tenant laws primarily apply to individuals who have a lease agreement with the landlord. If a person is living with you but is not on the lease, they are generally not considered an official tenant and therefore do not have the... View More

1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: What are the reasons a family court would issue an Omnibus Order and what entity would verify the reason if there are me

What are the reasons a family court would issue an Omnibus Order? What entity would verify the reason?

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

It depends on the nature and content of the Omnibus Order. For example, an Omnibus Order might transfer a number of cases from one court to another to equalize their dockets or when a new court is created for a particular county. Some family courts enter an Omnibus Order that is really nothing... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Hello, my son is being coerced to accept the DA 40yr plea deal instead going to trial. Poor representation by attorney

my son is currently incarcerated in the Harris County Jail downtown for a capital murder that he did not commit no gun , no one was there to say it was him. Just a young lady who assume my son went to kill this person on her behalf. The DA claim my son admitted during interrogation that another... View More

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

If your son did not commit the murder, your son should not accept the plea deal.

If your son is not receiving quality legal representation from his current lawyer, you should hire a different lawyer to defend him.

Capital murder cases are the most scrutinized criminal cases on...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Signed Contract for purchase of home but the owner is now deceased heirs are trying to evict me what do I do now?

The daughter of deceased is now trying to evict me from the property after I have been paying the mortgage payment for the last 7 years. Today I was summoned to court for eviction the judge dismissed the case against me for eviction.

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a complex situation, and it's crucial to understand your rights and options moving forward. Since the judge dismissed the eviction case against you, it indicates that there may be some recognition of your claim or rights to the property. However, the dismissal of... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord make the tenant pay for property upgrades they are requiring?

We live in a trailer park. We own the trailer but pay lot rent for the land. Per new community rules, street parking is no longer allowed so we must extend our driveway using poured concrete only. The extension is to be paid by us even though we don’t own the property. Is this legal?

James L. Arrasmith
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answered on Apr 16, 2024

The legality of requiring tenants to pay for property upgrades mandated by the landlord depends on the specific circumstances and the laws of the state or jurisdiction where the property is located. In general, here are a few things to consider:

1. Lease agreement: Check your lease...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can we sue for black mold? If so, how do we get a fair trial?

Our landlord own many properties, and my roommate has serviced many of them (he's a plumber and handyman in the community). In every single one of her units, there is most definitely black mold among a laundry list of other concerns and issues that do not meet code.

The fact that she... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Texas, tenants have the right to live in a habitable rental unit, which includes the right to be free from health hazards like black mold. If your landlord fails to address the mold issue after being properly notified, you may have grounds for legal action.

Here are some steps you can...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I have a case if we were prematurely moved into an apartment complex and the wiring almost burns down the apartment?

We moved on April the first and was moved to a hotel yesterday due to wiring issues. When we first moved in the apartment had no AC and the breakers were tripping left and right until yesterday. We were told there was an issue with the wiring. The actual electrician let me know that the meters were... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that you may have a potential legal case against the apartment complex. Here are a few reasons why:

1. Habitability: Landlords are required to provide tenants with a habitable living space, which includes functioning electrical systems...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a RV park owner collect rents for the same lot and time from 2 different renters?

I sold my RV to a person who will remain in the same lot as I rented, accepted "as is", and was approved by the owner. The owner demanded I pay for the entire month, which I did. Now I find she is requiring the new tenant to pay for the entire month also. The new renter moved in on the... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it appears that the RV park owner is attempting to double-collect rent for the same lot during an overlapping period. In most jurisdictions, this practice is not legal.

Here are a few key points to consider:

1. Rent should only be...
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2 Answers | Asked in Bankruptcy for Texas on
Q: Is there a template for an order accompaning a motion for extension of time in a chapter 13 case in Texas
James L. Arrasmith
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answered on Apr 16, 2024

Yes, there is a general template for an order accompanying a motion for extension of time in a Chapter 13 bankruptcy case in Texas. Here's a sample:

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE [NORTHERN/SOUTHERN/EASTERN/WESTERN] DISTRICT OF TEXAS

[DIVISION]

In...
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2 Answers | Asked in Bankruptcy for Texas on
Q: Is there a template for an order accompaning a motion for extension of time in a chapter 13 case in Texas
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 15, 2024

Without first checking myself, my best guess is probably not, but to be sure, go online to the website of the federal district where you're located, and it should list "Forms". Under that heading, go to "local forms", and check out what's shown there.... View More

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