Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Juvenile Law for Texas on
Q: Hello I got kicked out of my childhood house in Houston, I called the police but since it was late I couldn’t get in.

Can I call the cops at a formal time like 6pm and they HAVE TO escort me in or they will not let me in because my parents said no even thought it’s all my stuff

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

I would suggest a few things in this situation:

- Contact the police again and explain you are a resident of the home but have been locked out. They may be willing to escort you back in to retrieve your belongings. Make clear you are not trying to cause issues, you just want to safely get...
View More

2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband bought our home before we met. A few years ago we refinanced in both of our names. Can he sell the house

He has filed for divorce but I haven't been served. Married 9 years in July. Again... My name is only on the refi

John J. Kappel
John J. Kappel
answered on Jan 25, 2024

I agree with the other lawyer's answer. Additionally, if this property is designated as a homestead, which would normally be the case if this is your primary residence, he would not be able to sell it without you approving the sale even without standing orders being in place. Texas homestead... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband bought our home before we met. A few years ago we refinanced in both of our names. Can he sell the house

He has filed for divorce but I haven't been served. Married 9 years in July. Again... My name is only on the refi

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

Most family courts in Texas issue standing orders when a divorce case is filed which prohibit both spouses from doing certain things during the pendency of the divorce case which usually includes selling a marital residence without prior court approval. Even though the home is his separate... View More

View More Answers

1 Answer | Asked in Tax Law for Texas on
Q: Husband has unpaid school loan. No one can tell us how much is owed. IRS gave it to lawyers who cant answer our questi

He thought this was paid 30 yrs ago. He’s always paid taxes but just heard about this about 5 yrs ago. The lawyers won’t tell us anything. We think we’re paying more in interest than the loan ever was. He just keeps getting his tax refund taken.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

In situations where there is uncertainty about the status of an old student loan, it's important to gather as much information as possible. The first step is to request a detailed statement from the IRS or the lawyers handling the case, outlining the original amount of the loan, any payments... View More

1 Answer | Asked in Small Claims and Collections for Texas on
Q: How do I answer a suit against me by a CC co. when the debt is mine but I don't have income? Do I lose automatically?

I want to know how to write an appropriate answer for the petition for which I was summoned and I would like to know what possibilities to expect. I read online that not having income to pay your debt is not a defense but it is the only true explanation I have. All the online advice is about... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

You can file a general denial. Lots of things can happen to derail a lawsuit even in such a case. For example, the plaintiff may not be able to prove that you owe the money or how much. Debt collection cases by credit card companies in small claims courts are frequently handled by young,... View More

1 Answer | Asked in Personal Injury for Texas on
Q: Should I pay the medical insurance out of pocket for the injury in a leisure soccer game or I would get sued?

We group of peoples play soccer for fun at weekend. Back to September 2023, we played as usually. I dribbled the ball facing the defender. At one moment, I lost the control on ball, and I tried to kick the ball away. The defender also tried to get the ball. His foot kicked on my leg, and he fell... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

A person who voluntarily participates in a sport or athletic activity, whether competitively or for recreation, generally assumes the risk of any injuries they may foreseeably sustain from such participation. Even a flagrant foul which causes a foreseeable injury falls within this concept called... View More

2 Answers | Asked in Banking for Texas on
Q: What to do when i revoke permission for automatic payments from a financial company, but they are still taking the money

I revoked automatic payments due to the funds not being there, and caked them to make a payment arrangement for the following pay day. After I made my payment manually, they still auto drafted the payment resulting in overdrafting my account plus an overdraft fee. This isn't the first time.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

If a financial company continues to take automatic payments after you have revoked permission, you should first contact the company directly and formally. Provide them with evidence of your request to revoke permission, such as dates and details of the conversations or any written communication.... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I rent a place that is run by a management company and they have given me a “1 Day” notice to vacate for unpaid rent!

I rent from a property management firm that is guilty of overcharging late fees on many occasions and falsifying the records of payments and fees paid that are beyond the scope of accounting errors and punitive in late fee fees that are fraudulently reported and over the Texas maximum on several... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

You should hire an attorney in or near the county where the property is located with experience in residential landlord-tenant law and be prepared to pay a reasonable hourly fee for their services. Depending on where that is, expect to pay an hourly fee of somewhere between $300-600. A property... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: What happens next?

Gave my sibling power of attorney of my home to take care of my parents while I was gone but essentially he moved it into his name and stole my house. What happens next and what can be done about this

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

You can sue your sibling for abusing the power of attorney you gave him. As your attorney-in-fact, your sibling owed you fiduciary duties. While the POA protects third parties who relied upon it from claims by you based on their dealings with your sibling pursuant to the POA, it provides no... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I sue a landlord if I haven't received the security deposit after 30 days? Or do I need to wait 10 days afterwards?

I would like to know if I need to take the mailbox rule in account.

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

I recommend considering "the mailbox rule" in your calculation.

While there is a presumption that a landlord is acting in bad faith if it does not refund a security deposit within thirty days, it is a rebuttable presumption. Which means that if the landlord mailed it, you sue,...
View More

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Texas on
Q: In Texas, is it illegal for someone in my household to unplug my security cameras threatening my personal safety?
John Michael Frick
John Michael Frick
answered on Jan 22, 2024

It is illegal for someone to threaten you. It is not illegal for someone to unplug security cameras, particularly in areas where they have a right to be. In certain circumstances, it may be illegal for you to record other members of your household on camera without their effective consent.... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Hello I am reaching out here to enable a divorce to end an 17 year marriage with a 13 year kid. Need some insight

We are a family of three with both of us earning within the IT industry. For the divorce to be done I need some insight on

1. Both of us earn almost equal from our employers with a 10% higher on my ends

2. Both have almost equal savings and retirement accounts

3. We have a... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

In a divorce, the court will make orders for the division of your community property that are "just and right." In most cases in which the parties own a community property marital residence with substantial equity, if the parties do not agree otherwise, the court will most likely either... View More

2 Answers | Asked in Car Accidents for Texas on
Q: i live in texas collin county, can i file a small claims suit for car damages for an accident that was denied by the the

person at faults insurance company without fixing the car because we don't have the money to fix it until we get it from the person at fault ???? or does the car need to be fixed before filing our case ???

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

Yes, you can file a small claims case and use the repair estimate as evidence of the damages sustained. You may also use a quote from a rental car agency for loss of use damages, regardless of whether you actually rent another car or not. The best evidence for loss of use would be the cost to... View More

View More Answers

1 Answer | Asked in Animal / Dog Law for Texas on
Q: What can I do if my dog ran out my yard and the mailman ran him over and didn’t stop and it was all caught on camera?

Will they pay his medical bills? Can I do any?

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

Unless you can show that the mailman was negligent, it is unlikely that USPS will pay for the vet bills. In most urban areas in Texas, pet owners are subject to local ordinances that require that they control their pets by keeping them in fenced areas or on a leash. The failure to comply with... View More

3 Answers | Asked in Bankruptcy for Texas on
Q: What if I don’t disclose I get snap benefits. Does the trustee finds out later once filed. Why does it make a big differ
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

When filing for bankruptcy, it's important to disclose all assets and income sources, including SNAP benefits. This is because the bankruptcy trustee has the responsibility to review your financial situation comprehensively to ensure fair treatment of your creditors and compliance with... View More

View More Answers

3 Answers | Asked in Bankruptcy for Texas on
Q: What if I don’t disclose I get snap benefits. Does the trustee finds out later once filed. Why does it make a big differ
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

I can think of no reason for not disclosing SNAP benefits. Disclosure is required, under penalty of perjury. If you receive SNAP benefits, your income is probably low enough that the inclusion of the benefits, as part of that income, is not going to affect your ability to file chapter 7. Under no... View More

View More Answers

1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Mental harassment by flatmate

My flatmate has been mentally harassing me. He pays utility bills but is not willing to share the account details with me. Our apartment complex charges us for internet but he has the Xfinity account under his name. He is not willing to share that as well. He also does other stuff like throwing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

In your situation in Texas, dealing with a difficult flatmate can be challenging, but there are steps you can take to address the issues you're facing. Firstly, try to communicate with your flatmate calmly and express your concerns about the shared expenses and his behavior. Attempt to reach... View More

1 Answer | Asked in Civil Rights for Texas on
Q: What can be done about a county jail that denies timely medical attention and they are harassing an inmate

He was arrested shortly after found out he has slyphalis they drug feet on intalial treatment which didn't work and my son has had to make them test him again and he's still positive after three treatments now after goin to medical every week telling them sómething wrong he finds out... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

I understand your concerns about your son's situation in the county jail. It's crucial to address this matter promptly. In situations where an inmate is being denied timely medical attention and is facing harassment, there are steps that can be taken.

First, it's essential to...
View More

1 Answer | Asked in Civil Litigation and Municipal Law for Texas on
Q: How do I get my vehicle back after it was stolen and used for a crime.

Upon trying to track my vehicle down I found out that it was in the local police department in a different County from where it was stolen. They interrogated me as if I was part of this crime after lawyering up which I believe pissed him off they said that it'll be a while it's being... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

If your vehicle was stolen and used for a crime, and it's currently held by the local police department, you should follow these steps to retrieve it:

Cooperate with Law Enforcement: It's important to cooperate with the police during their investigation. Ensure you have legal...
View More

2 Answers | Asked in Bankruptcy for Texas on
Q: Ch 13 bnkrptcy received letter: motion to dismiss or in the alt. reduce attorney fees for failure to obtain confirmation

Confirmation has been denied. What does this even mean? Hearing is like 2 months away to motion to dismiss. Im not really understanding the reason or what is going on

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

In a Chapter 13 bankruptcy case, receiving a motion to dismiss or alternatively reduce attorney fees due to failure to obtain confirmation can be concerning. Confirmation refers to the court approving your repayment plan. If confirmation is denied, it means the court has not approved your plan as... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.