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I am a professor at a large public university; I recently discovered my materials were posted on to a course sharing website without my permission. If this website is DMCA-compliant, can I still sue the person who uploaded the materials even if the set has been taken down? Additionally, if I take... View More 
answered on Mar 20, 2024
You can subpoena information that is relevant or reasonably calculated to lead to the discovery of admissible evidence. The person or organization receiving the subpoena can move to quash it if the discovery sought is not reasonably proportionate to the needs of the case, is privileged, is... View More
I was informed that a low level warrant is dismissed (falls from the system) after 7yrs. Is that true?
answered on Mar 20, 2024
Warrants remain active in Texas until they are resolved. Warrants are generally resolved whenever a person is arrested and posts bond for a case.
But it is highly unlikely that a police officer will arrest you solely for such a minor warrant that is so old unless the officer works for the... View More
after a trial, divorce decree was completed by opposing counsel (husband atty) and wife(me) objected to the inclusions of property awarded to her. the decree stipulated i was awarded a home that was foreclosed in 2015, a home that was sold in 2013 and a home that husband alleges was mine but it... View More
answered on Mar 20, 2024
There is no need to, or harm in, including such properties in a divorce decree.
With respect to properties sold after he served you with suit, ordinarily the court's standing orders prohibit either party from selling any real property in either party's name during the pendency... View More
They also have to go to summer school as it's demanded my the state can he still be able to take them
answered on Mar 20, 2024
In the absence of a court order, yes either parent can have possession of his or her own children. That does not excuse their absences from school and you both will be liable for any truancy that may occur as parents of the children without court-ordered separate periods of possession.
You... View More
There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More
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answered on Mar 21, 2024
It's crucial to gather all the evidence you have, such as documents proving your mother's divorce and any information regarding the will you mentioned. Collect witness statements or any proof of the fraudulent actions taken by your father. Documentation and concrete evidence are key in... View More
There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More
answered on Mar 20, 2024
You would need to report him to law enforcement. It would be helpful to them if you provide the divorce decree and affidavits from several close friends and relatives of your deceased mom stating that she never remarried or lived with dad after their divorce in 1994, and certainly never held... View More
OSHA violation for equipment prohibited, MNG cleaned cuts but infection set in, EMP is diabetic, INS CO omitted details of time and treatment before claim was filed, treating DR refused MRI for hand fracture with abscess as treated by EMERGENCY DR, denies injury effect and denies benefits.
answered on Mar 20, 2024
Whether the manager is negligent is most likely irrelevant. In a workers' compensation case, the injured employee is NOT REQUIRED to prove that his/her employer or one of his/her fellow employees was negligent. Workers' compensation provides medical benefits, temporary income benefits,... View More
My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.
answered on Mar 19, 2024
A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More
My husband and I were married and have been living here for 10 yrs. We bought this house together but I found out that my name is not in the title when he died. We were living in this house when he died at the hospital and he left no will.
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answered on Mar 19, 2024
The good news is that the property is yours until your death, automatically.
There can be a snag, if you had any children during the marriage. But, if you bought the property during the marriage, while you both lived in TX, and have no kids from the marriage, the property is yours alone.... View More
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answered on Mar 19, 2024
If you're facing a writ of possession that hasn't yet been served, it's crucial to act quickly. First, you should review the details of the eviction notice or court decision leading to the writ. Understanding the basis of the action can help you identify any possible errors or... View More
answered on Mar 19, 2024
A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.
Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from... View More
The Civil Action Lawsuite is against Fresh Central Trading LLC., it names its President and Owner A.G., and also then names me. When I read the documents it states that I'm an owner and officer of the company and I'm just an independent contractor from Canada who is here on a TN Visa... View More
answered on Mar 19, 2024
If you are named as a party in the lawsuit, you have less than three weeks from when you were served to hire an attorney to file an answer on your behalf to the lawsuit. (In Texas state court, your answer must be filed no later than the first Monday following the expiration of twenty days from the... View More
the contract with client states that she can only bring suit in Teas but we need to answer this law suit before we get a judgment I do not where I can find these forms
answered on Mar 19, 2024
A company can only appear in legal proceedings through a licensed attorney. You don't need a form; your company needs a Missouri attorney to represent it in the lawsuit filed against it in Missouri. Even if you were to present a form, unless you are a licensed Missouri attorney, it likely... View More
I just moved into an apartment and have only been here for 7 days. My neighbor next door has apparently been here for 9 years or so. Mind you, i work from 7pm to 3am so i come home at night. I gave already received 3 violations for noise complaints wich i haven't been loud at all and now i... View More
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answered on Mar 30, 2024
It sounds like you're in a difficult and frustrating situation, being accused of breaches you don't believe you've committed. Given the circumstances, it's important to carefully review your lease agreement to understand the specific terms regarding noise and guest policies.... View More
I just moved into an apartment and have only been here for 7 days. My neighbor next door has apparently been here for 9 years or so. Mind you, i work from 7pm to 3am so i come home at night. I gave already received 3 violations for noise complaints wich i haven't been loud at all and now i... View More
answered on Mar 18, 2024
It depends upon the terms of your lease. I imagine it must be really annoying having a Ring doorbell going off at 3 AM every night. It is going to be your word against your neighbor's as to how noisy you are. My guess is if your neighbors have a 9-year history of making petty noise... View More
I have plenty of evidence of my own to support my own case I believe. So far I have a photo album with almost 50 different pieces of photo and video evidence. I walked away from my son and his father at the beginning of 2023 due to uncivil or even hostile home environment for what seemed to be... View More
answered on Mar 18, 2024
It is unclear if your matter concerns a CPS case that has been filed against you, a divorce proceeding, or a suit affecting the parent-child relationship (SAPCR).
Court-appointed lawyers are available in criminal cases and in cases in which Child Protective Services is seeking to remove... View More
If I have a therapy practice, and have provisionally licensed folks providing 4 hours of service per week, previously they'd be 1099'd. With this new law, do they *have* to be W-2'd? It seems silly to W-2 someone that is only providing 4 hours of service per week. Any clarification... View More
answered on Mar 27, 2024
More factors may or may not weigh in favor of classifying workers as employees rather than independent contractors. If you ultimately determine that the workers have been misclassified, reclassify your workers as employees moving forward, withhold taxes pursuant to applicable laws, and keep... View More
If I have a therapy practice, and have provisionally licensed folks providing 4 hours of service per week, previously they'd be 1099'd. With this new law, do they *have* to be W-2'd? It seems silly to W-2 someone that is only providing 4 hours of service per week. Any clarification... View More
answered on Mar 27, 2024
Whether or not the workers you hired should be classified as employees or independent contractors depends on engaging in a six-factor analysis for each of the workers. The Department of Labor considers the following six factors in determining whether the worker is the employee or the independent... View More
If I have a therapy practice, and have provisionally licensed folks providing 4 hours of service per week, previously they'd be 1099'd. With this new law, do they *have* to be W-2'd? It seems silly to W-2 someone that is only providing 4 hours of service per week. Any clarification... View More
answered on Mar 18, 2024
You mention a therapy practice and provisionally licensed folks. As I understand the laws pertaining to licensed therapists in Texas, a provisionally licensed therapist is required to be supervised by a licensed therapist. A worker who receives a Form 1099 is supposed to be an independent... View More
The lawyer who probated the will is wanting a signature for a settlement to the other party. The paper he wants signed has no information for what the settlement is. The will was signed by 2 judges and gives sole inheritance of the property to defendent and plantiff is not in the will. The... View More
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answered on Mar 20, 2024
In your situation, if there's a clouded title due to incorrect paperwork and disputes over inheritance, it's crucial to approach this methodically. First, do not sign any documents that you do not fully understand, especially if they lack clear details regarding the settlement. It's... View More
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