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1 Answer | Asked in Contracts, Civil Rights and Gov & Administrative Law for Texas on
Q: City of Manor's been discrimination against me; & punishing the entire community to "teach me a lesson. I want to sue.

It's Travis County and it hinges around a contract default between the Austin Bocce League and City of Manor's required Licensing Agreement. We needed $600,000 of insurance to install wheelchair access doors, movable back walls, and scoreboards. I am the Director. My company, Calexas Inc... View More

James L. Arrasmith
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answered on Jan 2, 2024

In the scenario you've described, it appears there may be multiple grounds for legal action. Regarding the breach of contract, if there was a formal agreement between the Austin Bocce League, Calexas Inc., and the City of Manor that was not honored by the City, then all affected parties –... View More

2 Answers | Asked in Landlord - Tenant for Texas on
Q: Gave notice 8/21 moved 10/19 lease ended 10/19. Called 3 times to discuss deposit was told 1900 refunds still nothing.

I stopped by 12/12 to inquire was given my final account and check request paperwork, was told because they took so long they would not charge me for the carpet cleaning bringing my refund to 2100 instead of the 1900 previously stated. This was my last conversation face to face 12/18 and i still... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2024

As long as a tenant provides the landlord with the tenant's forwarding address, the landlord must refund the tenant's security deposit, along with a written description and itemized list of all deductions, within 30 days of the date the tenant surrenders the premises. A landlord who... View More

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2 Answers | Asked in Landlord - Tenant for Texas on
Q: Gave notice 8/21 moved 10/19 lease ended 10/19. Called 3 times to discuss deposit was told 1900 refunds still nothing.

I stopped by 12/12 to inquire was given my final account and check request paperwork, was told because they took so long they would not charge me for the carpet cleaning bringing my refund to 2100 instead of the 1900 previously stated. This was my last conversation face to face 12/18 and i still... View More

T. Augustus Claus
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answered on Jan 2, 2024

If you provided notice on August 21, moved out on October 19, and your lease officially ended on the same day, you are entitled to the return of your security deposit. Despite multiple attempts to discuss the deposit, you only received information during a face-to-face meeting on December 12.... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: TX. Landlord says I owe and will send me to collections. I filed small claims, what will happen?

Texas. I owe a balance of to my landlord for alleged damages and he said he will send me to collections. I have video evidence there were no damages and the balance has a current petition in small claims court. I have not paid the balance. Can he still send the unpaid balance to collections while... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2024

The collections process generally begins with demand letters for payment of the debt and reporting of the debt to credit bureaus, and then moves into legal action. These are not mutually exclusive, so they may occur simultaneously.

Small claims cases proceed fairly quickly in Texas. If you...
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2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: TX. Landlord says I owe and will send me to collections. I filed small claims, what will happen?

Texas. I owe a balance of to my landlord for alleged damages and he said he will send me to collections. I have video evidence there were no damages and the balance has a current petition in small claims court. I have not paid the balance. Can he still send the unpaid balance to collections while... View More

T. Augustus Claus
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answered on Jan 2, 2024

In Texas, while your case is being petitioned in small claims court, the landlord has the right to pursue the unpaid balance through collections. The legal process for collecting a debt and the small claims case are separate matters. If the small claims court rules in your favor and determines that... View More

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1 Answer | Asked in Business Law, Intellectual Property, Internet Law and Trademark for Texas on
Q: If I write product review articles online under the persona of a fictional character, how would I disclose that?

I am starting an affiliate marketing website to write product review, comparison, advice-type articles but creating a character which I want to credit the articles to instead of using my own name and likeness. I am trying to find out how to do this without misleading my readers but I don’t want... View More

James L. Arrasmith
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answered on Jan 1, 2024

When creating content under a fictional persona for your affiliate marketing website, it's important to maintain transparency without overwhelming your readers with disclaimers. This balance is key to establishing trust while respecting your creative approach.

A subtle yet clear way to...
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1 Answer | Asked in Criminal Law for Texas on
Q: Stranger opens my car door.

If a stranger opens the rear door where my 10 year old child is sitting, but has not yet entered the car. May I use force immediately and preemptively to protect the child? I am assuming that anyone who opens a car door without permission is a danger to my child. If he did intend to hurt the child,... View More

T. Augustus Claus
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answered on Jan 1, 2024

In Texas, the use of force to protect yourself or others is generally governed by the state's self-defense laws. While there is a legal concept known as the "castle doctrine," which allows individuals to use force, including deadly force, to protect their homes and vehicles in... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can my father adjust through me with an approved 1-130 on behalf of his brother or would i need to apply for the I-130?

He can apply under 241I but priority date is not current. I want to know if the process would be faster if he applies through me using the approved I-130 from his brother or do i know i need to apply for the I-130 and start the process?

Ghenadie Rusu
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answered on Jan 1, 2024

I am not sure I understood your question. What is your current status? Are you a US Citizen over 21?

If you are a U.S. citizen and your father has an approved I-130 petition from his brother, the first step is to check the Visa Bulletin to determine if his visa might become available soon,...
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1 Answer | Asked in Real Estate Law, Probate and Small Claims for Texas on
Q: My dad passed away 12-26-22 Me and my sisters are co- executives now and my dad had will stating me and her 50/50

My question is I guess would be the ex girlfriend took everything out of house and vandalized his house they went as far as taking plug in the walls and cut and took wires and copper. They took ac unit and the central ac unit inside cleaned out the barn and garage. In the will it stated that she... View More

Nina Whitehurst
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answered on Jan 1, 2024

You have been wronged, for certain, and for most wrongs there is a remedy. The remedy in this case is the executors of your dad's estate can sue the girlfriend for theft and conversion. You can require her to either return the stolen items or pay the estate for the value of them. The... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: Family member borrowed our camper & is refusing to return it. Should we report it stolen or file a lawsuit?

It was loaned in September. We have asked every month for it to be returned & there’s an excuse for it not being returned. Finally exhausted with it not being returned we have demanded it be returned by today (12-27-23), it was not returned, and the family member is still refusing to return... View More

James L. Arrasmith
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answered on Jan 1, 2024

If a family member borrowed your camper and is now refusing to return it, you have a couple of options to consider. First, you could contact the police to report the camper as stolen. However, since this situation involves a loan to a family member, the police may view it as a civil matter rather... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: Can my girlfriend's mother sue for grandparents rights in Texas if she lives in Oklahoma

She's been harassing and making false accusations for one year

James L. Arrasmith
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answered on Jan 1, 2024

In Texas, grandparents can potentially sue for visitation rights, but Texas law sets high standards for granting these rights. The grandparents must demonstrate that their visitation is in the best interest of the child and that denying visitation would significantly impair the child's... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Grandparent has filed summons regarding my child to appear in Bexar county family court, but I live in Georgia.

My niece used to live in San Antonio but after her boyfriend was murdered, she moved to Georgia. She shared a child with him. His mother is now filling for rights to their child in Bexar county on 22 Dec. 2023 for 02 Jan. 2024. She received notice via email. She doesn't have funds to travel or... View More

James L. Arrasmith
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answered on Dec 31, 2023

In this situation, it's important to respond to the summons, even if your niece cannot physically appear in court in Bexar County, Texas. Ignoring the summons or failing to respond can result in a default judgment against her, potentially impacting her custody rights.

She should...
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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: July 25th 2023 to December 6th 2023 been dealing with harassment, discrimination and a lot more.

So there's a police officer telling people I'ma drug dealer , claims my home is a drug home I been dealing with this officer from July 25th 2023 to December 6th 2023. As of right now I haven't been able to work and I'm looking for a new place to live as this officers... View More

James L. Arrasmith
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answered on Dec 30, 2023

Dealing with harassment and false accusations from a police officer can be a distressing and challenging situation. The allegations you're facing and the actions taken against you, such as illegal searches and property theft, are serious matters.

Firstly, if you believe that your...
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1 Answer | Asked in Probate for Texas on
Q: Husband and wife die within a day, the wills left everything to the other. Is propety divided equally between heirs?

Married only to each other and 5 biological children together.

Isaac Shutt
Isaac Shutt
answered on Dec 30, 2023

It depends on what the wills say. Sometimes wills contains "survivorship" clauses. If there is no such clause, then the default section of the Texas Estates Code says one spouse would have to survive the other by 5 days in order to be considered to have survived. So, under the default... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: What options do we have. What motions are worth filing? Any suggestions on how to proceed

My husband signed for a 16yr prison sentence for probation revoke for Possession of Controlled Substance. Later we learned there was a Deadly Weapon Finding, which we were unaware of. It was not mentioned when he was sentenced nor is it in the court transcript of the sentencing.

John Cucci Jr.
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answered on Dec 29, 2023

First: The date of the sentencing and guilty plea is important. The longer you wait to contest your sentence, the harder it will be to fix it or overturn it.

When he pled guilty, there was probably a plea "package" of paperwork, Notices of rights, and waivers of rights, that the...
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2 Answers | Asked in Criminal Law for Texas on
Q: My husband was accused of failure to register but he did who do I give my evidence to

I've tried talking to his parole officer but she has been lying to me from the beginning stating my land lord had called the Detective and said that we had moved out before the date that we had to. he wrote a letter stating that and saying that he was very cooperative and gave us till the 1st... View More

John Cucci Jr.
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answered on Dec 29, 2023

Registration is a painful and cumbersome process. From now on, send all correspondence and registration documents and Notices by Certified Mail via US Postal service. That will remove anyone's B.S. or memory problems. Even better, it will be saved in cyberspace Forever.

If the...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Can I find out the total sum owed on a charges with each case number? If not, how do I find that information
John Cucci Jr.
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answered on Dec 29, 2023

Each State has its own system of allowing access to criminal records and judgments. Usually, fines and criminal penalties are part of a guilty finding and the attendant Judgment. So yes, usually a simple telephone call to the clerk of the court in which your case was held, will get you the details... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Can an apartment keep my deposit if I never moved in?

I recently applied for an apartment in Texas. I paid an application fee and deposit, totaling $850. I decided on another property and notified this property that I would no longer need the apartment. They said they are then allowed to keep my entire deposit because I canceled my application after I... View More

T. Augustus Claus
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answered on Dec 29, 2023

Typically, landlords are entitled to keep application fees to cover the costs associated with processing the application, such as background checks and administrative expenses. However, retaining the entire deposit if you decide not to move in may be subject to the terms outlined in the lease... View More

1 Answer | Asked in Family Law for Texas on
Q: What are the grounds of terminating father parental rights? How do I go through SAPCR? What’s the best way?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 29, 2023

Just based on what you've posted, this would leave any family law attorney with a host of other questions. Because of this, it makes it a little difficult to answer your question without presenting you with additional questions.

I would suggest you schedule a consultation with an...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: I'm going to get married in Texas. But own a house in Puerto Rico. Should I still do a prenup?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 29, 2023

You could do a pre-nupnif you'd like, but it's not required if you're only doing to protect your interest in your house in Puerto Rico.

In Texas, and property owed prior to marriage is considered that spouses separate property. However, there are some actions that you MIGHT...
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