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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: If CP frequently travels for work & has NCP keep their child who is responsible for pick up & drop off?

They live on opposite sides of Houston. About 2 hours round trip. Mom travels often and always makes the father pick up and drop off the child from her house even though she's the one leaving town forgoing her possession. Nothing in their orders address this since she didn't travel for... View More

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

If there is nothing in the custody order addressing pick up and return of the child--which is an extremely unusual situation--there is no automatic default. Texas Family Code 153.316 provides various alternatives, one of which the court "shall" order. The parties can either agree upon... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: PLACING A LIEN AGAINST A CONTRACTORS BUSINESS

I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More

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

No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.

If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the...
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2 Answers | Asked in Child Custody, Family Law and Military Law for Texas on
Q: Child was with other parent because of military order now he does not want to give her back will I lose custody?

I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me

James L. Arrasmith
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answered on Mar 9, 2024

I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:

1. Deployment orders: If your child was staying with your parents due to your military...
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1 Answer | Asked in Federal Crimes for Texas on
Q: As A convicted of a federal offense for conspiracy to distribute, how hard is it to get a pardon
James L. Arrasmith
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answered on Mar 8, 2024

Obtaining a pardon for a federal offense, such as conspiracy to distribute, is a challenging process. The authority to grant a pardon for federal offenses rests with the President of the United States, who has discretion over this matter. The process is highly selective, with many applications... View More

1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: How would I go about sending trademark up for my motorcycle club logo
James L. Arrasmith
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answered on Mar 8, 2024

To trademark your motorcycle club logo, start by ensuring the logo is unique and not already in use by another entity. A thorough search through the official trademarks database of your country, such as the United States Patent and Trademark Office (USPTO) in the U.S., will help you confirm this.... View More

1 Answer | Asked in Civil Rights and Wrongful Death for Texas on
Q: Can I file a tort claim or civil right claim against the texas department of correction

My son died Nov 16 2023 while taking a shower at the powledge unit in Palestine tx. He yelled" I'm having a stoke, the officer in charge walked up to see him and said he was faking. Finally because inmates yelling for his help another officer comes in and calls for medical assistance, but... View More

James L. Arrasmith
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answered on Mar 8, 2024

In the wake of such a tragic loss, you might indeed consider taking legal steps against the Texas Department of Corrections, especially given the circumstances surrounding your son's death and the inmate grievances filed in response. Both tort claims and civil rights claims could potentially... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Would it be ideal to pay an attorneys fee for a demand letter that we are needing to send to a past landlord?

Our previous landlord is part of an investment company. They invest in properties. We had made a negotiation to end our lease early due to the home not being livable per say. Incidents kept happening with he home and the landlord agreed to let us out early. Come a few months later, we are sent a... View More

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

You likely do not need an attorney in this situation. You likely can write your own letter directed to whomever sent you the bill stating that you do not owe the bill because the landlord agreed to cancel the lease early without penalty. You should include a copy of the bill you received so they... View More

2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

I'm very sorry for the loss of your husband. I agree with my colleague on the pain and suffering element. It would depend on the nature, duration, and severity. You may already be represented by counsel, but if not, please keep in mind that if the railway entity you mention has public elements... View More

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2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

Pain and suffering is a non-economic damage to compensate your spouse for the conscious physical pain he endured as a result of his exposure which caused his cancer up to the time of his death. It is recoverable by the personal representative of his estate in a survival action. How much to ask... View More

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1 Answer | Asked in Consumer Law for Texas on
Q: Do U have recourse with a vehicle you bought new, now has 7000 miles/5 years old currently having several problems?

Purchased a new Audi in 2019, it has had several warning lights come on in the past few months. Is there any legal recourse I have for Audi (the dealership I purchased it from) to assess and repair the issues? Thanks!

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

If the vehicle is still in warranty, you can take your car to the Audi dealership for an in-warranty repair. Audi's powertrain warranty (10 years/120,000 miles) includes your vehicle's engine, transmission, transaxle or transfer case, drive axle(s), and certain hybrid/ electric... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Internet Law and Libel & Slander for Texas on
Q: can a local police department say false things about you on social media? Making it look like you committed a crime?

I was accused of something on social media by local department and it was not like they said it happened. no. charges filed but the it made me look like i was still guilty . I wàs defended in comments and even after things were over they chose to lie and make me look like a thief still and... View More

James L. Arrasmith
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answered on Mar 8, 2024

If a local police department has posted false or misleading information about you on social media, suggesting you committed a crime when no charges have been filed, it's essential to address this matter seriously. The police are expected to adhere to standards of accuracy and fairness,... View More

1 Answer | Asked in Constitutional Law for Texas on
Q: Article II, Section I, Can Congress remove P/V.P. with a Case for Removal? " In Case of the Removal of the President..."

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of... View More

James L. Arrasmith
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answered on Mar 7, 2024

Article II, Section 1 of the United States Constitution indeed outlines the process for the succession of presidential power in the event the President is unable to fulfill their duties due to removal, death, resignation, or inability. This clause ensures the continuity of governmental operations... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: I contacted the police about stolen items for my brother, but I want to be able to get them back or paid back

my brother stole my dad‘s ashes from me and my computer and I contacted the police and wanted to press charges but I don’t think if he goes to jail that he’s required to give it back but I would like it back and want to do anything I can but I need a lawyer pro bono

James L. Arrasmith
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answered on Mar 7, 2024

When you've reported stolen items, including something as irreplaceable as a loved one's ashes, to the police, you've taken a critical first step in seeking justice. However, criminal charges often focus more on penalizing the offender than on the recovery of stolen items. To address... View More

3 Answers | Asked in Civil Rights and Small Claims for Texas on
Q: How can I find out someones address to file civil court case in my county

I loaned someone a large sum of money they owe remaining $1,500. I have a copy of their driver license but they no longer live there how can I find out their current address to sue them thru small claims court

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

In addition to the methods described by Mr. Arrasmith, you can find out if the person has a new address with the United States Postal Service by mailing an empty envelope to the last address you have for that person with the following typed in all capital letters above the person's name on the... View More

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3 Answers | Asked in Civil Rights and Small Claims for Texas on
Q: How can I find out someones address to file civil court case in my county

I loaned someone a large sum of money they owe remaining $1,500. I have a copy of their driver license but they no longer live there how can I find out their current address to sue them thru small claims court

James L. Arrasmith
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answered on Mar 7, 2024

To file a small claims court case, you generally need to provide the defendant's current address for proper service of the court summons and complaint. Here are some methods you can try to find their current address:

1. Contact mutual friends, family, or acquaintances who might know...
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1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: My car was stolen from my apartment complex can i sue my complex?

multiple cars have been stolen from the same complex before and after mine was stolen. the apartment complex was made aware of my car being stolen and my neighbors car being stolen. we are located in texas. or is there any way to force the complex to fix the gates

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

It is possible in good faith to sue an apartment complex under the circumstances you describe as long as you have not waived any right to do so in your lease. You will need to prove that the owners and/or property managers of the complex were aware of the previous car thefts and were aware of the... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: Yes, I can prove the city worker did NOT have my Consent or permission to neuter my cat! What are my Options?

The city worker asked if They could place traps to locate a missing orange cat! I gave her permission to do so nothing else! Instead, the city worker traps my cat and has my cat neutered without my consent or permission! I also have the city worker on Surveillance Admitting that they did it.

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

Assuming you can overcome any official immunity defense and timely assert a claim against the City, you may be able to recover any diminution in value of your cat as a result of him being neutered. For example, if you could have sold the cat unneutered for $500, but neutered he can only be sold... View More

1 Answer | Asked in Small Claims for Texas on
Q: I bought a car from a lady that told me there was only an issue with the ac. There is way more wrong. Can I sue?

She said the ac needed to be charged and that was the ONLY thing wrong with it. I have had to replace breaks, rotors, a caliper, the ac module is messed up,shocks are out, the power steering pump is leaking, there is a valve leaking, the radiator went out due to whatever work they did on it... View More

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

It depends on the terms and conditions of your sale contract. Most used cars are sold "as-is." If this car was not sold "as-is", the seller may be responsible for any hidden defect that they seller knew about at the time of the sale that a reasonably prudent inspection would... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Who is responsible for getting paperwork if the person wants to sell their part of the ownership of an empty land?

There are only two people on the Deed

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

What paperwork?

In any sale of real estate, the seller is responsible for certain paperwork, and the buyer is responsible for other paperwork. The sales contract between the buyer and seller likely specifically discusses certain paperwork (e.g. title insurance policy, survey, etc.).

2 Answers | Asked in Contracts and Consumer Law for Texas on
Q: What to do when Solar Company will not remove the panels after falsifying the digital signature on the contract?

I have a property which my 75 yr old mother rents. This past November I noticed that solar panels had been installed on my property with out me knowing or authorizing any of that. Turns out the loan is under my mother's name which she is not the owner, I am also on the loan. By calling the... View More

James L. Arrasmith
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answered on Mar 6, 2024

In situations like this, gathering all possible evidence is crucial. You should collect any documents, emails, or communication records related to the solar panels' installation and the loan agreement. It's important to document your mother's lack of authorization and ownership of... View More

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