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1 Answer | Asked in Divorce, Family Law, Business Law and Collections for Texas on
Q: Per decree indemnity clause am I entitled to be reimbursed legal & receivers fees paid to collect judgement ($200K)?

I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.

A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and...
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1 Answer | Asked in Civil Litigation for Texas on
Q: I am a minor I graduate when I’m 18 I plan to move out can I take everything I paid for from my parents house?

If they fight it and say I can’t take anything since it’s there house can I still take it if they didn’t pay for it and it’s thousands of dollars worth of stuff?

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

Although no statute specifically addresses the ability of those younger than eighteen to own property, there appears to be no restrictions under Texas law on the ability of minors under the age of eighteen to own property. Moreover, case law in Texas implies that a minor has the ability to own or... View More

2 Answers | Asked in Real Estate Law and Estate Planning for Texas on
Q: Property is in husbands name only. If he passes with no will, does everything just come to me? Or do I need to be added?

Home, land & vehicles are only in my husbands name. Neither of us have a will. So if he should pass away, does everything come to me or does he need to add me to the property and house deeds? We have concerns about this due to me never being on the deeds. We also need to make wills soon. We are... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

Without a will, 1/3 of your husband's separate property will pass to you and 2/3 of your husband's separate property will pass to your children. As long as all of his children are your children, you will get the community property. If not, you will still own an undivided 50% of the... View More

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2 Answers | Asked in Real Estate Law and Estate Planning for Texas on
Q: Property is in husbands name only. If he passes with no will, does everything just come to me? Or do I need to be added?

Home, land & vehicles are only in my husbands name. Neither of us have a will. So if he should pass away, does everything come to me or does he need to add me to the property and house deeds? We have concerns about this due to me never being on the deeds. We also need to make wills soon. We are... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

Without a will, 1/3 of your husband's separate property will pass to you and 2/3 of your husband's separate property will pass to your children. As long as all of his children are your children, you will get the community property. If not, you will still own an undivided 50% of the... View More

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2 Answers | Asked in Collections and International Law for Texas on
Q: I owe money to someone in a foreign country, can they enforce the judgement in the US?

My business partners back in my home country started suing me for money just after I left to the USA, my dad hired an attorney but lost 2 cases and now they want me to pay over 150k USD, can they uphold the judgement of that foreign country in the Middle East and come after me here in the US? I am... View More

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, the enforceability of a foreign judgment in the United States, and particularly in Texas, depends on several factors. Generally, U.S. courts may recognize and enforce foreign judgments under certain conditions, but this process is not automatic.

Texas, like many states,...
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3 Answers | Asked in Banking and Collections for Texas on
Q: where can I lookup default judgements on myself?

money went missing from my bank account and credit score dropped. indication of a creditor lawsuit likely. where may I lookup default judgements?

James L. Arrasmith
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answered on Feb 25, 2024

If you suspect that a default judgment may have been entered against you, there are several steps you can take to look it up. Start by checking the public records in the county where you live or where the creditor may have filed the lawsuit. Many court systems offer online access to their records,... View More

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I have a 3 year old son whose biological father is not on his birth certificate.

Due to him not being there during the birth. He has never seen the child but is aware of him. He refused a paternity test and we have been living our lives without him, until a few months ago when we saw him at a birthday party and he now wants to have something to do with him. No paternity test... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

You probably have statutory grounds to file a suit to terminate his parent-child relationship. However, even if you have statutory grounds, you must prove that terminating the relationship is in the best interest of your son. Determining what is in the best interest of a child is a fact intensive... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I have two felony cases Felony Possession of a firearm & possession of a controlled substance with intent to deliver

I was granted a motion to dismiss without prejudice on both due to not enough evidence to find me guilty, how is it that it shows up on my background as deferred adjudication of guilt and I never signed for any probation it was dismissed ??

James L. Arrasmith
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answered on Jan 26, 2024

If the felony charges against you were dismissed without prejudice due to insufficient evidence, then it is incorrect for them to still show up as deferred adjudication or any form of conviction. Here is what I would recommend to get the improper records corrected:

- Obtain copies of the...
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1 Answer | Asked in Federal Crimes for Texas on
Q: Is it illegal to own magic mushroom spores not for the purpose of cultivation but just for Microscopy use
James L. Arrasmith
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answered on Jan 26, 2024

Yes, in most states, it is illegal to possess psilocybin mushroom spores even if the stated purpose is just for microscopy use rather than cultivation. Some key points:

- At the federal level, psilocybin is a Schedule I prohibited substance under the Controlled Substances Act. This includes...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Can bank repossess or enforce the claim against the property secured by UCC statement without court judgement ?

My business have a loan with a bank. Bank files an UCC lien with all business assets.

Also, If I signed a personal guaranty, can the bank goes after my personal bank account and personal assets (Trucks, appliances,,,) ?

James L. Arrasmith
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answered on Jan 26, 2024

Yes, a bank can repossess or enforce a claim against property secured by a UCC statement without a court judgment in many cases. Here are some key points:

- The UCC (Uniform Commercial Code) allows secured creditors, like banks, to take possession of collateral securing a loan if the...
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2 Answers | Asked in Family Law for Texas on
Q: How do I find a lawyer that works in Indiana and texas
Tim Akpinar
Tim Akpinar
answered on Feb 1, 2024

Lawyers usually list the jurisdictions they're licensed to practice in on legal directories like this one or resources. Some directories are searchable by those parameters. That might be an uncommon combination though, as those two states are not contiguous. If you can't find that... View More

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2 Answers | Asked in Family Law for Texas on
Q: How do I find a lawyer that works in Indiana and texas
John Michael Frick
John Michael Frick
answered on Jan 25, 2024

Most lawyers list the states and federal courts where they are licensed to practice on their CVs and in their directory listings. In Justia, you will see this at the top of their profile immediately to the right of their profile photograph.

Dual state licensing isn't particularly...
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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Texas on
Q: Can you sue animal control for seizing your animals while you are in jail and have them euthanized
John Michael Frick
John Michael Frick
answered on Jan 25, 2024

It depends upon the particular facts of your situation. It is important to consider what arrangements you made for your animals to be properly cared for while you were in jail and why the animals were seized by animal control.

If the animals were being properly cared for and animal...
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3 Answers | Asked in Personal Injury for Texas on
Q: I have frozen shoulder, 3 tendons in my arm that have tendinosis, ostearthritis, spinal stenosis, spondylosis, and

diabetic neuropathy that all cause quite a bit of pain. Plus lately I have started having nerve pain(?) in both of my outer thighs (stinging, electrical, burning, sensitive, complete numbness) and can also give me a crushing pain in my outer thighs and knees that even wakes me up crying. I am on... View More

James L. Arrasmith
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answered on Jan 25, 2024

Dealing with chronic pain and complex medical conditions like yours can be incredibly challenging, and managing your treatment effectively is crucial. It's not uncommon for doctors to suggest weight loss as part of managing certain health conditions, as it can sometimes alleviate symptoms.... View More

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3 Answers | Asked in Personal Injury for Texas on
Q: I have frozen shoulder, 3 tendons in my arm that have tendinosis, ostearthritis, spinal stenosis, spondylosis, and

diabetic neuropathy that all cause quite a bit of pain. Plus lately I have started having nerve pain(?) in both of my outer thighs (stinging, electrical, burning, sensitive, complete numbness) and can also give me a crushing pain in my outer thighs and knees that even wakes me up crying. I am on... View More

John Michael Frick
John Michael Frick
answered on Jan 25, 2024

This is a question that you need to ask a doctor in the relevant field of medicine, not a lawyer. Only a licensed medical practitioner can tell you what is "normal" in the treatment of your medical conditions.

There are numerous studies and other medical literature which indicate...
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1 Answer | Asked in Immigration Law for Texas on
Q: I am on HUD/Public Assistance. I want to marry an immigrant.Will me being on Public assistance disqualify me from marry?
James L. Arrasmith
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answered on Jan 25, 2024

Being on public assistance does not disqualify you from marrying an immigrant. However, there are important considerations to keep in mind. When sponsoring an immigrant for a marriage-based green card, you must file an Affidavit of Support. This document is a legal commitment to support your spouse... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: Am I liable for a broken window on a golf course.

I was the one playing golf. My ball hit a tree limb, bounced sideways, and broke a window on a house that’s located on the course.

James L. Arrasmith
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answered on Jan 24, 2024

In Texas, liability for damages caused while playing golf, such as breaking a window, can be a bit complex. Generally, playing golf involves some inherent risk, and accidents like yours can happen. The key factor in determining liability is often whether there was negligence involved in your... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I discharge my parole on 2 2 24 but I haven't been reporting for a month or so a p.o went to my address for me to go u.

Should I go or will a be arrested for the failure of reporting and payments

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jan 24, 2024

If you violate the terms and conditions of your release, like for example: not reporting, a motion to revoke parole can be filed. Once it is filed, your parole is on hold until the MTR is resolved. The "blue" warrant issued when the MTR is filed is not publicly accessible, but your parole... View More

1 Answer | Asked in Contracts and Business Law for Texas on
Q: Is there a difference between a Letter of Intent and a Purchase Agreement?

Can a Letter of Intent be used as a Purchase Agreement?

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

A letter of intent is customarily a non-binding instrument outlining the major terms of a contemplated transaction.

A purchase agreement is customarily a binding contract containing a complete and detailed agreement as to all aspects of a transaction.

It would be difficult to...
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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How many days I have to oppose an appeal?

It was filed on January 17, 2024

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

In an appeal to the court of appeals from a district or county court, you will have thirty days to submit your Brief of Appellee from the date that the Appellant files its brief. You can request an extension of time for good cause which, in this context, means any reasonably plausible explanation.... View More

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