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Texas Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I paid a security deposit on an apartment that is currently in someone else's name. Do I get that back or the person?

My gf at the time helped me rent an apartment by using her credit, essentially leasing the place in her name but I paid the deposit and rent. I was added as an adult occupant however when the relationship soured I left and I voluntarily removed myself from the lease. The apartment is in Houston... View More

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Typically any portion of a security deposit due back to the occupant at the end of the lease is returned to the named leaseholder. You may want to consult with the leasing office to determine your status as it relates to the security deposit. If you signed the lease with her, you may be entitled to... View More

1 Answer | Asked in Business Law for Texas on
Q: I fired my lawyer in early November. he recently filed for a motion to remove counsel. I submitted a response. What now?

my response was submitted in with the district county clerk. my response stated the day i fired the attorney. I also submitted email screenshots with my response were the attorney is acknowledging that i fired him.

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

If your fired your attorney, it is normal that they would file a motion to withdraw as counsel in turn so that they can make the court and any opposing counsel aware that they are no longer your representative. The next step would be to make sure to communicate with them about the status of any... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If I have a case that’s suppose to be a felony , but it’s no case or case number on the case what can I do

Never been to court for the felony , only the misdemeanor which was thrown out .

John Cucci Jr.
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answered on Jan 16, 2024

If you were never actually charged with a Felony, the DA may never file against you.

There are time limits on all felony charges. They are called Statutes of Limitation. Some felonies must be brought against a defendant within 3 years. Some crimes have longer time limits, like Murder and...
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2 Answers | Asked in Consumer Law, Banking and Identity Theft for Texas on
Q: I'm concerned I might have some identification theft issues, Can you help with that?

I have made several scientific breakthroughs and provided them publicly and have had many security questions and issues related to it. I could use some legal guidance. Perhaps you could help?

James L. Arrasmith
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answered on Jan 17, 2024

If you're concerned about identity theft, especially in the context of publicizing scientific breakthroughs, taking proactive steps is essential. First, monitor your financial accounts and credit reports regularly for any unauthorized activities. You can obtain free credit reports from major... View More

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2 Answers | Asked in Consumer Law, Banking and Identity Theft for Texas on
Q: I'm concerned I might have some identification theft issues, Can you help with that?

I have made several scientific breakthroughs and provided them publicly and have had many security questions and issues related to it. I could use some legal guidance. Perhaps you could help?

Sheldon Starke
Sheldon Starke
answered on Jan 16, 2024

Privacy laws are generally determined on a state-by-state basis. However there are a number of federal laws involved in the subject matter. You also need those of us who are experienced in government because it is not clear exactly what the nature of your discoveries are or who they involve. There... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can I be punished if my motion camera moves automatically and puts my neighbor and her house in the camera view?

She never told me the camera bothered her, instead she posted on Facebook about it and asked who knew of a good lawyer. This all started when I posted an automatic audio recording of her screaming at the top of her lungs at 10:27pm scaring me my sick son out of our sleep. I have had issues with... View More

John Cucci Jr.
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answered on Jan 15, 2024

That's a tough situation. Generally, you should not be filming in other people's house or yard, as that is, at some level, an invasion of privacy. At it's worst, it could be considered, stalking and maybe other misdemeanors, like harassment, or a sort of trespass.

Be...
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2 Answers | Asked in Business Law and Health Care Law for Texas on
Q: can I write M.D. after my name as a health book author?

My M.D. degree is from abroad, I did not get license in USA and I do not practice here (I work in biotech).

The book is educating people about medical conditions and healthy lifestyle. I do not present myself as a practicing doctor, but because I have M.D. education and degree, I consider... View More

James L. Arrasmith
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answered on Jan 15, 2024

In the United States, the use of academic titles, such as M.D., is generally permissible as long as it's clear and truthful about one's qualifications and does not mislead the public. Since you earned your M.D. degree, you can include it after your name on the book cover. However,... View More

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2 Answers | Asked in Business Law and Health Care Law for Texas on
Q: can I write M.D. after my name as a health book author?

My M.D. degree is from abroad, I did not get license in USA and I do not practice here (I work in biotech).

The book is educating people about medical conditions and healthy lifestyle. I do not present myself as a practicing doctor, but because I have M.D. education and degree, I consider... View More

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

It depends on the university from which you earned the medical degree.

Texas Penal Code 32.52 makes it illegal to use or claim to hold a postsecondary degree that is a fraudulent or substandard degree to promote a business or obtain a benefit.

Texas Education Code 61.302 defines...
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1 Answer | Asked in Immigration Law for Texas on
Q: Applied for I 539 November 2023. Received receipt 30 days later. No approval or denial. What happens if I stay in US?

November 1st applied. No approval or denial yet. If I stay behind and I am denied do I get in trouble? How long do I have to leave the US without detrimental consequences. I heard it is 30 day grace period, however I am not able to find source. Even if its grace period, does that mean my visa will... View More

James L. Arrasmith
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answered on Jan 15, 2024

If your I-539 application for an extension of your B2 visitor visa status is still pending and you have not received a decision, it's important to understand your situation. Generally, as long as your application was filed before your authorized stay expired, and the delay in processing is not... View More

1 Answer | Asked in Collections and Banking for Texas on
Q: I’m not sure what type of lawyer I need. Shell federal credit union is suing me for debt collection.
James L. Arrasmith
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answered on Jan 14, 2024

In your situation, seeking the assistance of a consumer protection attorney or a debt collection defense attorney would be advisable. These attorneys are experienced in handling cases involving credit unions and debt collection matters.

They can provide guidance on how to respond to the...
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1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: My gf brother is using illegal drugs in my house and won’t stop also has threatened to kill us if we got in the way

What can I do?

Stephen A. Nicholas
Stephen A. Nicholas
answered on Jan 14, 2024

So many questions for a seemingly simple situation. Assuming this is an adult, non-household resident, not living there with your GF, and your GF doesn't approve of his drug use; call the sheriff or local police agency so that they can assist you in removing this person and hear any threats... View More

1 Answer | Asked in Employment Law for Texas on
Q: How do I find out who my late husband was actually employed by?

I am confused about who my late husband was actually employed by, according to my husband it was Industrial Control Services, then he told me Rockwell Automation bought Industrial control services now I am told he was employed by Insperity Holdings for four years, which is an HR Company, my... View More

James L. Arrasmith
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answered on Jan 13, 2024

To clarify the employment history of your late husband, consider reviewing the W2 forms and other employment documents you possess. These should indicate the employer for each year. If there are discrepancies or missing information, contacting the human resources departments of the companies... View More

2 Answers | Asked in Real Estate Law and Collections for Texas on
Q: Common law married couple, wants to make it legally binding wife receives all proceeds from sale of home

Common law couple wants to sell their home they will be making about $450,000 on the home after mortgage is paid off, etc. They were going to split it down the middle however judgment has been set against the Husband. Is there anyway to make it legally binding that when the home is sold the wife... View More

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

If the home was occupied by the couple and declared as their homestead, the home and the proceeds from the sale of the home are exempt from the claims of creditors anyway. Just be sure not to commingle the proceeds with any other joint management community property funds or with any of the... View More

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: I was convicted of Marijuana possession over 4ounces 50 years ago in Dallas County, Texas. Can I legally buy a firearm?
John Cucci Jr.
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answered on Jan 13, 2024

There are three ways you can be qualified to buy a Firearm in TX, as a prior convicted felon..

1. Get a pardon from the governor;

2. Receive permission from the local Sheriff to buy and possess a FA; or

3. Have your conviction expunged by District Court Order. This last one...
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1 Answer | Asked in Criminal Law for Texas on
Q: I caught a charge on deferred adjudication but got it dismissed will this affect my release date next month.

Also my officer said I’m in the clear to be released but I just wanna double check

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jan 13, 2024

This is a good question. The answer is important to you as it affects your future in many ways. The answer is very simple and it is this: there is no way to double check. You should ask your attorney because he/she is best situated to gove you sime idea what the answer might be. Still that would... View More

1 Answer | Asked in Federal Crimes for Texas on
Q: What motion do I need to file whenever the c I on a federal case has died
James L. Arrasmith
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answered on Jan 13, 2024

When the defendant in a federal case has passed away, you can file a motion with the court requesting the case's abatement due to the defendant's death. This motion informs the court of the situation and asks for the case to be dismissed or abated because it's not possible to proceed... View More

2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

James L. Arrasmith
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answered on Jan 13, 2024

Finding an attorney for a police misconduct case can be challenging, but there are specific steps you can take to locate one who handles such cases.

First, consider reaching out to your state bar association. They often have referral services that can direct you to attorneys experienced in...
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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas on
Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

John Cucci Jr.
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answered on Jan 12, 2024

It looks like you are from San Antonio.

There are some lawyers who do take Police Misconduct case, all over Texas. However, the likelihood of an attorney taking a police misconduct case, is low. The reason is, even with good facts and proof of liability against the officer or Police...
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1 Answer | Asked in Consumer Law and Banking for Texas on
Q: I have been approved for a 5000 dollar loan. They are asking for 3 payments upfront. Is that legit

They said the 3 payments are collateral and I won't have a payment for 3 months. I google the company name and nothing pulls up. Woodside lending solutions is the company name and address is 920 5th Avenue Seattle Washington.

T. Augustus Claus
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answered on Jan 12, 2024

Be cautious as the situation you described raises red flags associated with potential scams. Legitimate lenders typically do not require upfront payments for collateral on personal loans. The fact that the company's name does not yield any relevant search results adds to the suspicion. It is... View More

1 Answer | Asked in Business Formation for Texas on
Q: Is it possible to set up a subsidiary of an S Corp in Texas?
T. Augustus Claus
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answered on Jan 12, 2024

Yes, it is possible to set up a subsidiary of an S Corporation (S Corp) in Texas. Creating a subsidiary involves establishing a new business entity that is controlled or owned, wholly or partially, by the parent company (S Corp, in this case). The subsidiary can take various legal forms, such as a... View More

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