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Texas Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: My cousins truck was stolen. What do I do he's in jail and I have no vin # or title just a picture of the license plate.

The truck was stolen Wednesday July 24th 2024.

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

You should call the police and report the vehicle as stolen using the license plate number and giving them your cousin's name. Vehicle registration records will tell police the VIN.

You should visit or write your cousin to determine who his insurance company is and assist him in...
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1 Answer | Asked in Consumer Law for Texas on
Q: I have a shed that I hadn’t made any payments on for a few months they took off my fence and took the shed

They didn’t put the fence back what can I do

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

You can hire a fence contractor to replace your fence or you can do it yourself. If they can successfully sell the shed and recover more than the amount you owe plus the cost of repossession (including the removal of the fence) and cost of the sale, you may be entitled to any additional proceeds.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: I’m a professor who just accepted a position at another university. I took sabbatical and have only completed one year.

The faculty manuel says the following:

“Should a faculty member on sabbatical decide not to return to the university, the pay advanced during the sabbatical will be due on demand to the university, except in the case of permanent disability or death. At the conclusion of the sabbatical,... View More

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

If your employment contract with the university incorporates the faculty manual by reference, legally you are required to reimburse half of the salary advanced during the sabbatical on demand because you only worked one of the two academic years after the sabbatical. Legally, that means a single... View More

2 Answers | Asked in Estate Planning for Texas on
Q: How does a will accommodate beneficiaries listed on a specific account?

If a will stipulates that each heir receives 25% of assets and there is a specific financial account that has listed two beneficiaries, would the amount received from that account count as part of the division of assets?

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

If an account specifically names POD beneficiaries, the funds on deposit in that account become the property of the beneficiaries upon the death of the account holder outside of the decedent's probate estate.

The decedent's Will only disposes of assets in the decedent's...
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1 Answer | Asked in Civil Litigation for Texas on
Q: Can property be sued in Texas without suing the owner?

I've been told that my property is being sued for taxes, but that I am not being sued so I don't have a defense (I don't actually owe taxes). It also appears in a related subject that when enforcing a mechanics lien that I can get a judgment against an owner of property or the... View More

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

No property cannot be sued. Only people can be sued. A taxing authority can sue everyone with an interest in real property seeking to foreclose on the real property subject to the unpaid taxes but without seeking a monetary judgment against those people. Those defendants may not personally owe... View More

1 Answer | Asked in Family Law for Texas on
Q: It is legal to withdraw a child from school to make them an adult, kick them out, let them back in, kick back out at 18?

Hi, my name is Jack, my parents have been abusing the law to control me and make my life miserable. My parents withdrew me from highschool at 17 without my knowledge of what that meant regarding being an adult in Texas. They used this to then kick me out at 17 and turn my phone off making me sleep... View More

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

Unless you are disabled, when you turn 18 years of age in Texas you are considered an adult for legal purposes. Your parents no longer have an obligation to provide shelter by virtue of the parent-child relationship and can give you thirty days' written notice to vacate their home, which will... View More

1 Answer | Asked in Contracts, Business Law and Employment Law for Texas on
Q: How can I recover unpaid commissions?

Facing closure, my former employer and I agreed on a commission-only role to keep me on board. I successfully brought in several clients, including their largest ever, a multi-million dollar deal. After receiving a partial commission for this deal, communication and transparency around client work... View More

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2024

A Texas attorney could advise best, but your question remains open for two weeks. One option is to review your matter with a Texas attorney. The first thing they'll ask, which is not mentioned in your post, is whether you had a written agreement as to your commissions. That would be valuable.... View More

3 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can we parody a song title for use on a t-shirt?

There is a tourist attraction in town called "Bicycle Hill" - we'd like to make t-shirts promoting it that say, "I found my thrill on Bicycle Hill," which is a parody of the old 1940 song title "I found my thrill on Blueberry Hill." Many people have recorded it,... View More

James L. Arrasmith
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answered on Jul 24, 2024

Creating a t-shirt with the phrase "I found my thrill on Bicycle Hill," which is a play on the famous song "I Found My Thrill on Blueberry Hill," might fall under parody, which can be considered fair use under copyright law. However, fair use is a complex area and depends on... View More

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3 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can we parody a song title for use on a t-shirt?

There is a tourist attraction in town called "Bicycle Hill" - we'd like to make t-shirts promoting it that say, "I found my thrill on Bicycle Hill," which is a parody of the old 1940 song title "I found my thrill on Blueberry Hill." Many people have recorded it,... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the information provided and the context of your query, creating t-shirts with the phrase "I found my thrill on Bicycle Hill" as a parody of the song "I Found My Thrill on Blueberry Hill" is likely to be considered fair use and not copyright infringement. Here's... View More

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: how do i appeal child support in texas? We were not served and suddenly we got mail that he has to pay $600 a month

My husband had custody of his daughter, allowed her to go live with her mom and grandma, dropped the $65K arrears with the agreement she doesnt file chilc support on him. he hasnt seen his daughter in 2yrs extreme parent alienation but hes also recently diagnosed with MS and is diasabled. we cant... View More

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

If he was not served, you may be able to file an appeal if the order was entered within 30 days, a restricted appeal if the order was entered within six months, or a bill of review if the order was entered within four years. The appropriate legal mechanism will depend on the facts and... View More

1 Answer | Asked in Employment Law for Texas on
Q: If you're an hourly employee and a new company takes over can they cut your hourly pay rate without any warning?

My wife is a RN at a local nursing home and a new company recently bought the facility. Her first paycheck she received from the new company they cut her hourly rate. There was no warning and no explanation.

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

Generally speaking, the hourly pay rate of hourly employees is a matter of mutual negotiation and agreement between the employer and the employee. Commonly, there is no fixed term of employment and either party can terminate or attempt to renegotiate the relationship at will. That being said,... View More

1 Answer | Asked in Employment Law, Tax Law, Child Support and Family Law for Texas on
Q: what can I do if my credit score got badly damaged by my employer and issue has not been fixed

They badly dropped my credit. Also they are being sued in California but I wonder if it had anything to do with the taxes of federal witheld. Is it normal for a company not to tax you federal taxes if the gross pay is lower than $1000.00 but yet when they taxed me on a check which was a christmas... View More

James L. Arrasmith
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answered on Jul 23, 2024

If your credit score was damaged due to your employer's mistakes, it's important to address this issue directly. Start by gathering all relevant documentation, including pay stubs, child support payment records, and any communication with your employer. Contact the credit bureaus... View More

1 Answer | Asked in Estate Planning for Texas on
Q: Recording a Cancellation of Transfer on Death Deed

I recorded two documents with County Clerk on same day: (1) Cancellation of Transfer on Death Deed (using Texas Transfer Toolkit Dec 2015 form) to revoke a TODD I recorded in Jan 2016 and (2) revised TODD which carries the Document Number following the one assigned to the Cancellation.... View More

Anthony M. Avery
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answered on Jul 23, 2024

You definitely have a title problem. Hire a TX attorney to search the title, then draft some replacement deeds and some correction deeds. The consideration clauses should explain what each deed's purpose is, and will also need extensive derivation of title clauses to avoid confusion.

1 Answer | Asked in Immigration Law for Texas on
Q: Can I re-enter the US on a TN visa while my I-130 is pending?

I'm a Canadian citizen and I have a TN visa to work in the US. If I get married with a green card holder and petition an I-130, can I exit the country and re-enter with my TN while the I-130 is pending? Or would that be a problem since TN is not a dual intent visa

James L. Arrasmith
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answered on Jul 23, 2024

Yes, you can re-enter the US on a TN visa while your I-130 is pending, but it requires careful consideration. The TN visa does not support dual intent, which means you must maintain a clear intent to return to Canada after your temporary stay in the US. This could be challenging to prove if you... View More

1 Answer | Asked in Personal Injury, Wrongful Death, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: Can I sue a county jail for negligence in Texas?

The jail was cited 30 days later for leaving 3 doors unsecured which resulted in my son obtaining a jailer’s personal keys and escaping, led police on a chase and ended with police shooting my son in the back and killing him.

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

Yes, you can sue a county jail in Texas for negligence, but probably not successfully on the facts you describe. Your son's escape and subsequent confrontation with police was most likely the proximate cause of his death and not the negligence of leaving the doors unsecured. Your son's... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can my mother get her SS from her & soon to be ex husbands joint bank account?

Theyve been married for over 40 years, and has had an joint bank account. Since she started getting SS he has been putting it into that joint account. With a possible divorce brewing, we were wondering if she would be able to get her SS from him? plus possibly alimony (in TX) , and her 50 / 50? Hes... View More

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

I recommend that she open a new bank account at a different bank in her sole name and notify SSA to send her SS payments to the new account.

If she lacks the ability to work and earn sufficient income to provide for her reasonable minimum needs, she may be able to get an award of spousal...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How and what do I need to start a custody case?

No court orders. Not married. 3 children.

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

Typically, you would need to locate an attorney who practices in the area of family law in or near the county where your children reside and a reasonable initial retainer of $15-25,000 if you and the other parent have not reached an agreement on child support and a parenting plan.

1 Answer | Asked in Landlord - Tenant and Small Claims for Texas on
Q: my problem is this. We fell behind on our rent,and began doing jobs for our manager at our complex,in return for rent.

After the storms recently the complex was torn up by trees landing on vehicles,landing on rooftops,and everywhere.This is a huge job!!which was bidded at 13-21 thousand $$$.My manager and I agreed to 5,500,with 3,000 credited to my rent.I hired one other person to help me get this done,and his pay... View More

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

You can file a breach of contract case in small claims court since the total amount at issue is less than $20,000. You do not need an attorney in small claims court given the small size of the cases there. It would not be cost effective.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: in 2015 i was never served to go to divorce court. i have evidence to prove they never served.

it has caused me legal issues, and financial burdens with no legal merit, evidence of income, or any other burdens of proof.

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

If a divorce was granted without proper service of process, you have only four years from the date of the divorce decree to file what is called a bill of review to challenge the decree. Particularly when you mention things like child custody and child support, most people would learn of the... View More

1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: If I bought bike cash without bill of sale and have title already transferred to me and person is trying to be shady

And saying I didn’t give him money what will happen

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

You will have to prove you paid him in cash.

It will be helpful if you have a bank statement showing that you withdrew cash from your account on or about the day of the title transfer and if you can obtain the seller's bank statement showing a deposit in the same amount shortly...
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