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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Texas on
Q: I bonded my Son out for a violation of an Ex Parte Protection order that he had no knowledge of. NONE!

We now know she had a Protection order filed in one county and then withdrew and started one in another county. No knowledge of either and no motion to transfer jurisdiction as well.

John Cucci Jr.
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answered on Jan 20, 2024

While it is possible to get an Order of protection started and signed, Ex Parte (one sided), any OP must then hold a hearing, and Notice the alleged offender of the same. You should be allowed to be heard, in case the OP is a fraud or there are other problems.

Most people forego the...
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3 Answers | Asked in Bankruptcy for Texas on
Q: Do I have to disclose to Bankruptcy chap 7 Trustee the receivable deposited in my account after Bankruptcy is filed ?

For Trucking Company, Load was hauled before Bankruptcy is filed, but broker take 30 to 45 days to pay. In the meantime, Company is shut down and Bankruptcy chap 7 is filed. 30 days later, fund from hauled load is deposited in the account.

Is the fund free from bankruptcy ? Or, do I have... View More

James L. Arrasmith
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answered on Jan 23, 2024

In a Chapter 7 bankruptcy, it is essential to disclose all assets and income, including receivables that are due to you. The fact that the load was hauled before the bankruptcy was filed but the payment was received afterwards is a crucial detail. This income is considered part of the bankruptcy... View More

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3 Answers | Asked in Bankruptcy for Texas on
Q: Do I have to disclose to Bankruptcy chap 7 Trustee the receivable deposited in my account after Bankruptcy is filed ?

For Trucking Company, Load was hauled before Bankruptcy is filed, but broker take 30 to 45 days to pay. In the meantime, Company is shut down and Bankruptcy chap 7 is filed. 30 days later, fund from hauled load is deposited in the account.

Is the fund free from bankruptcy ? Or, do I have... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 20, 2024

This is a pretty simple question.

The bankrupt should have identified the receivable in its sworn bankruptcy schedules, which are painstakingly thorough.

If it did, then the Bankruptcy Trustee should be aware, and the payment should be tendered to that Trustee.

If for some...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: My son has been denied medical attention in jail he's been treated like a joke to them what kinda course of action shoul

If it was up to them nothing would be done for treatment now they know what needs to be done and haven't yet it's to point serious injuries could happen if haven't already what do we need to do

James L. Arrasmith
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answered on Jan 20, 2024

If your son is being denied medical attention in jail, it's crucial to take immediate action. Inmates are entitled to receive adequate medical care under the Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishment. The first step is to document all instances of... View More

1 Answer | Asked in Traffic Tickets for Texas on
Q: I got a ticket 4 months ago and I called several times about it before the court date on the court date and after

I was told nothing was in for me and that they’d call me if anything came in i was never contacted and yesterday they sent me a paper in the mail saying I had to pay 250 for that ticket

T. Augustus Claus
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answered on Jan 19, 2024

If you received a traffic ticket in Texas, called about it multiple times before, on, and after the court date, and were informed that nothing was on record for you, only to receive a notice in the mail four months later indicating a $250 payment requirement for the ticket, it raises concerns about... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can the property mgmt co employed by the HOA, be responsible for the election ballots for HOS Board
T. Augustus Claus
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answered on Jan 19, 2024

In Texas, the responsibility for managing election ballots for a Homeowners Association (HOA) Board typically lies with the HOA itself, rather than the property management company employed by the HOA. The election process is governed by the HOA's bylaws and state law. These bylaws often... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jan 19, 2024

In Texas, if a person received a deferred adjudication for a misdemeanor offense that person may be eligible for a sealing (non-disclosure), but NOT an expungement, if it has been two years since their case was dismissed and have no other DADJs. For DWI misdemeanor convictions, the waiting period... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

John Cucci Jr.
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answered on Jan 19, 2024

Unfortunately, unless the court made it part of your plea, you can not seal or expunge a DWI conviction in TX.

If it was part of a Deferred Adjudication, then there may be a chance for an expungement. But, I would need to see all the paperwork and the final judgment. If the case was...
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1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Texas on
Q: Good morning, My husband (which we are currently separated living in different homes) decided to have a protection

order against my church pastor (which this was informed to me verbally, but no written evidence was provided by him) even though I requested it. Me and my children go to this church, and is very small and the pastor, his wife and his family have become truly a family to us, helping us even in times... View More

John Cucci Jr.
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answered on Jan 19, 2024

Yes you can.

If there is an Order of protection against anyone, it must be Noticed to the person who it would be against. Thus, if there was an OP against the Pastor, he would have received Notice of it, and a Notice of a court date for him to dispute it.

If none of that has...
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2 Answers | Asked in Family Law for Texas on
Q: Am I able to take my son back to Cali with me

We’re not married, no custody order in place, he has bad anger issues and will scream and slam doors etc, right in front of our son. And I’ve had enough but all my support and family is in California.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jan 19, 2024

As long as there are currently no court orders in place requiring the child to remain in Texas, you are able to travel/move with your child as you determine is in the child's best interest.

If there is domestic or family violence in the situation, you should consider putting a...
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1 Answer | Asked in Criminal Law for Texas on
Q: If texas doesn't extradite on deemed incompetent by NM on fugitive warrant is it double jeopardy for tx to charge me

Tx burglary out state fugitive tried in Mexico open warrant for same burglary charge still in tx

James L. Arrasmith
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answered on Jan 18, 2024

Double jeopardy, as defined in the U.S. legal system, refers to being tried twice for the same crime. It's important to understand that extradition and double jeopardy are separate legal concepts. If Texas chooses not to extradite you based on New Mexico's determination of incompetence,... View More

1 Answer | Asked in Consumer Law for Texas on
Q: I live in Texas, I cosigned an auto loan. My name is 1st on all documents. Can I take possession if other party defaults
T. Augustus Claus
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answered on Jan 18, 2024

In Texas, if you are the primary borrower and your name appears first on all documents for a cosigned auto loan, you may have certain rights if the other party defaults on the loan. As a cosigner, you are typically responsible for the debt if the primary borrower fails to make payments. If the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I signed a lease via docusign. The entire process was handled by the landlord's representative. I have 2 ESA dogs.

The landord is now aware of the dogs and is threatening to either absolve the lease or change it and increase the rent by $200. Can he do that?

T. Augustus Claus
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answered on Jan 18, 2024

In Texas, if you have signed a lease via DocuSign and have two emotional support animals (ESAs), the landlord is generally bound by the terms of the lease agreement. The landlord's representative handling the process and the use of DocuSign are common practices in modern leasing transactions.... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: how do I file a quit claim deed to transfer property to a relative ? will that transfer be considered in the "look back"

Have been recently diagnosed with terminal cancer and am indigent except for 1/9 ownership in a property in MA. and want to put in a "quit claim" deed transfer to prevent that from being sucked into the medical payment stuff.

Anthony M. Avery
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answered on Jan 18, 2024

The transfer would probably be subject to being executed on by the government agency. But land in another State would probably not be looked at. The lien is usually filed in the County of the owner with medical problems. Get your relative to hire an attorney to handle the transfer.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Does offering a loan to buyer, based on agent's commission, & forgiving the loan for successful referrals, violate RESPA

I have a question regarding real estate law in Texas. If a buyer agent offer 100% of the buyer agent's commission to the buyer at closing as a loan and the buyer needs to pay back the loan over the terms of the mortgage (30 years). Subsequently, if the buyer makes 1 referral who successfully... View More

John Cucci Jr.
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answered on Jan 17, 2024

Real Estate Agents/Brokers, can NOT share any part of a RE sales commission with someone who is not also licensed to sell RE. What's more, the new sale, and those involved would ALL have to receive Notice of the parsing-out of any sales commission. So it is unlawful for at least two (2)... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Can I move apartments without penalty if I haven't signed a new lease? (Provided I give 60 day notice)

I have lived in my current apartment for years now but have always had trouble with the office staff. Currently, I'm living in my apartment without a renewed lease because they have yet to make one for me to sign. My lease expired 4 months ago, and went up $200 as well if I were to renew,... View More

Simone Nisbett
Simone Nisbett
answered on Jan 17, 2024

Most residential leases are set to shift to month-to-month status after the expiration of the original contract and require at least a full 30-days notice prior to move-out. You’ll want to take a look at the fine print in your original lease to make sure there aren’t any alternative... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: I received a 353-3 citation I am named as a defendant in an injury case along with known companies. Answer form avail?

I was working for a company but they named me as a defendant. The guy was injured by his coworker but is suing everyone / company he has the name of. Is there an answer form to file? I am not a wealthy man. I am named incorrectly on this.

James L. Arrasmith
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answered on Jan 16, 2024

In Texas, if you're named as a defendant in an injury case, it's important to respond appropriately. You can find an answer form to file a response to the lawsuit at your local courthouse or online through the Texas court's website. This form allows you to formally respond to the... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I was legally adopted in TX by two us citizens. they had smuggled me at three days old in 1987 . Can I get citizenship?

I spent my entire life thinking I was a citizen. I have a 17 year old daughter that was born here. I also might try and get my Mexican citizenship as I have no Mexican proof that I was born in MX. I’m just desperate for citizenship and a passport.

James L. Arrasmith
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answered on Jan 16, 2024

Your situation is complex and requires careful legal consideration. If you were adopted by U.S. citizens and have lived in the United States since a young age, there are pathways to citizenship, but they depend on various factors including the legality of your adoption and your current immigration... View More

1 Answer | Asked in Contracts and Construction Law for Texas on
Q: Am I responsible for a Change Order AFTER the project has been completed?

I had a fire suppression system (fire sprinklers) install at my business.

We had a signed contract describing the work done and the agreed amount. Just prior to the start of the project the city required them to change where they would connect to the city waterline. I was aware they would... View More

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

In order to give you a proper analysis on your options, it would be necessary to have an attorney review your particular contract. Each contract for building projects is different, but a good one should usually contain several clauses explaining liability for change orders, when/how to dispute... View More

1 Answer | Asked in Contracts for Texas on
Q: I signed the contract but has not started working. I got a better offer, can I back off of the contract?
Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Generally, once you accept an offer you are liable for performance or to uphold your promise to perform, unless there are conditions that need to be met first before you can begin.

Usually a contract will have some provisions about when and how to terminate the agreement and what the...
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