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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Weekly pay and healthcare was held for 4 weeks. I was paid back on the 5th week. Union employee. Is that a crime?

Occurred Jan/Feb of this year. Wage claim filled with TWC. No reason was given. I had to contact a different work area to be reinstated. I believe not paying me for the month is a crime. It certainly hurt.

John Michael Frick
John Michael Frick
answered on Oct 10, 2024

In my professional opinion, it is not a crime but is good grounds for a wage & hour claim with the TWC.

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Can I report someone to police for letting dogs in the house get loose, knowing there are holes in the fence?

Two pitbull mutts in the house keep being let out into the backyard by someone who 1.)knows they will get out because there are holes in the fence. And 2.) does NOT watch them when they put them out. Both dogs appear dangerous to strangers and bark loudly and aggressively despite never having... View More

James L. Arrasmith
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answered on Oct 9, 2024

Yes, you can report this situation to the police or your local animal control agency. Allowing dogs to escape due to a faulty fence can pose safety risks to your neighborhood. Since one of the dogs has a history of biting household members, it’s important to address the potential danger they... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Is a deferred adjudication always resulting in a no conviction after successful abide the conditions of my probation?
Annie Scott
Annie Scott
answered on Oct 9, 2024

If you have successfully completed your deferred adjudication (probation) then you do not have a final conviction. You only have the successful completion of deferred adjudication. If a question ever asks "Do you have a final conviction" related to this specific case, you can answer "No."

1 Answer | Asked in Family Law for Texas on
Q: I’ve been married 112 days and my husband is an alcoholic. He misled me with his alcoholism. Can I file for a annulment?

No property, loans, assets, or children together.

John Michael Frick
John Michael Frick
answered on Oct 9, 2024

Alcoholism is not one of the statutory grounds for an annulment. You can file for divorce.

1 Answer | Asked in Real Estate Law and Civil Rights for Texas on
Q: Condo which applies to Ch. 81 & 13 retroactive provisions of Ch. 82. Regarding displaying religious symbols.

More specifically, I previously read somewhere before and I can neither find it in the by-laws, declaration, Ch. 81 or Ch. 82 that you may not deny postings of religious items such as your front door or garage door. This pertains to wanting to fly an Israeli flag by someone of the Jewish faith. I... View More

James L. Arrasmith
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answered on Oct 8, 2024

In Houston, Texas, condominium associations are generally governed by the Texas Property Code, specifically Chapter 82, known as the Texas Uniform Condominium Act, and by Chapter 81 for older condos. Both chapters address how condos should operate, but neither directly prevents you from displaying... View More

2 Answers | Asked in Real Estate Law and Civil Rights for Texas on
Q: Condo which applies to Ch. 81 & 13 retroactive provisions of Ch. 82. Regarding displaying religious symbols.

More specifically, I previously read somewhere before and I can neither find it in the by-laws, declaration, Ch. 81 or Ch. 82 that you may not deny postings of religious items such as your front door or garage door. This pertains to wanting to fly an Israeli flag by someone of the Jewish faith. I... View More

John Michael Frick
John Michael Frick
answered on Oct 9, 2024

An Israeli flag is not a religious symbol.

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2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Wrongful Death for Texas on
Q: How can I get my son’s suicide case reopened? He was shot 5 times two times!
John Michael Frick
John Michael Frick
answered on Oct 7, 2024

You need to present some persuasive new evidence to the law enforcement agency who investigated his death.

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1 Answer | Asked in Civil Litigation for Texas on
Q: If someone (Park) in a Texas prison gives his best friend (Joe) permission to put Parks truck in joes name in order For

Joe to keep it legal to drive if needed, while Park is incarcerated, only to have Joe claiming he donated Parks truck to a fire dept. Can Joe legally get away with it?

John Michael Frick
John Michael Frick
answered on Oct 7, 2024

Yes, if Parks gives Joe a truck by transferring the title into Joe's name, Joe is free to do whatever he wants with the truck once it has become Joe's truck.

1 Answer | Asked in Copyright and Civil Rights for Texas on
Q: I filed a case in us district court against a police officer. My complaint swore on the dash and body cam will show his
James L. Arrasmith
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answered on Oct 6, 2024

If you have already filed a case against a police officer in U.S. District Court and your complaint relies on dash and body cam footage, it's crucial to ensure this evidence is properly preserved and presented. The first step is to request the footage as part of the discovery process. You can... View More

2 Answers | Asked in Consumer Law, Criminal Law, Banking and Civil Rights for Texas on
Q: I asked a question recently about me the bank won't cash my paychecks and received an answer I have an issue with....

I tried to check cashing places I tried to prepaid cards you tried to put them into another account all came back As UNpaid now I have those places wanting their money back. This has become a big issue I haven't cashed a check in 7 weeks now I have went to that bank and talked to them and they... View More

John Michael Frick
John Michael Frick
answered on Oct 4, 2024

If a bank will not cash your employer's checks, you can sue your employer for the face amount of the checks that were dishonored, plus court costs and attorney fees. You should send a demand letter to your employer indicating that its payroll check has been dishonored by the bank.

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1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: Im selling two adjacent properties in Texas one is our primary residence, w/loan second no mortgage.

Total profit for both is $555k

We do qualify for capital gains deduction on the first home. Cash buyer wants one transaction can we separate funds after for taxes

James L. Arrasmith
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answered on Oct 3, 2024

When selling two adjacent properties in a single transaction, it’s important to carefully consider how the funds are allocated to maximize your tax benefits. Since one property is your primary residence, you may be eligible for the capital gains exclusion on up to $250,000 of profit ($500,000 if... View More

2 Answers | Asked in Immigration Law for Texas on
Q: F2B Visa stamped, yet to arrive in the USA; Need advice on my marriage

I received Immigration (GC) Visa stamping, as an unmarried child over 21 years, under F2B category. I am yet to arrive in the USA and will be there before Dec 2024. My Girl Friend is pestering me to marry her, before I leave for the USA. Is it OK to marry her now? I have been wondering whether... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 2, 2024

An F2B visa holder who marries before being admitted to the US will not be admitted. The F2B must enter the US first and then marry after getting the green card.

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1 Answer | Asked in Banking and Civil Litigation for Texas on
Q: My children are judgement creditors in an Arizona case. We live in Texas. How do I open a special account for them?

I am pretty sure the account needs to be closed and that I will need judge approval to have access to the money.

James L. Arrasmith
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answered on Oct 2, 2024

To open a special account for your children as judgment creditors, you should first consult with a lawyer who is familiar with both Arizona and Texas laws. They can guide you through the specific legal requirements and ensure that all steps are handled correctly.

You will likely need to...
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1 Answer | Asked in Banking for Texas on
Q: Bank won't cash my paycheck for me or anywhere that cashed them for me. Not even the company owner/account owner

Their reason is I have a closed account with them from 2012 and until that's paid off they're not accepting any checks made payable to me from anyone or institution. Other than quit my job and find a new one what do I do I'm unable to pay the amount back if they refuse to cash my... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're facing this challenging situation. Start by contacting your bank to discuss the debt from 2012 and see if you can negotiate a repayment plan. Sometimes, resolving past issues can reopen your account or allow them to process your paycheck.

If the bank remains...
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1 Answer | Asked in Consumer Law, Contracts and Banking for Texas on
Q: Can I protest or re-negotiate with mortgage servicer the increase of interest rate on my home loan?

My home mortgage service company increased the interest rate of my home loan this August and locked it for another year. This is how the contract is written and my loan is a ARM. Yet, Fed were maintaining the interest rate flat since July 2023 and the expectation of a reduction was high before this... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry to hear about the unexpected interest rate increase on your mortgage. Dealing with rising rates can be stressful, especially when it seems out of sync with broader economic trends.

First, review your loan agreement carefully to understand the terms related to rate...
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1 Answer | Asked in Intellectual Property for Texas on
Q: I'm A Very Small Youtuber Getting Legal Threats From A Company Called BViral so I want to know if this has any merit

Background first, 2 months ago I made a commentary video of a tiktok I saw that involved a woman in a pink dress and crashed into a Popeye's. Everything was well until I get a copyright notice later which I thought maybe it was an issue with me using a show's clip in the video but no it... View More

James L. Arrasmith
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answered on Oct 2, 2024

Receiving a legal threat can be stressful, especially for a small YouTuber. BViral claims that your video contains false and defamatory statements, which they believe harms their reputation. It's important to carefully review the content of your video to understand their concerns and ensure... View More

1 Answer | Asked in Wrongful Death and Civil Litigation for Texas on
Q: Can I sue Tdcj for wrongful death if they released a prisoner after failing to convict him on contraband , a cellphone

Cellphone was used to post a death threat on facebook and violence of cell mate

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

No.

1 Answer | Asked in Estate Planning for Texas on
Q: The will says all docs and paperwork goes to the executor. My bother kept all family photos. Are pictures included?

Rift over family photos. Does pictures qualify as documents, paperwork..etc?

James Clifton
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James Clifton
answered on Oct 2, 2024

Pictures are personal property and should go to the beneficiary who is designated to receive personal property. If there are multiple individuals, the pictures will need to be split between them. If there is ambiguity in the will, it can lead to costly litigation if the beneficiaries can't... View More

1 Answer | Asked in Immigration Law for Texas on
Q: When applying for adjustment of status for my wife and stepdaughter Does My stepdaughter need her own affidavit of suppo

When applying for adjustment of status for my wife and stepdaughter does My stepdaughter need her own affidavit of support, she is only 15 and came here on her mother's k-1 visa

James L. Arrasmith
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answered on Sep 30, 2024

When applying for adjustment of status for both your wife and stepdaughter, your stepdaughter will need her own separate Form I-864, Affidavit of Support. Even though she is only 15 and came on a K-1 visa with her mother, the affidavit is required for each beneficiary, regardless of age. This is... View More

1 Answer | Asked in Divorce for Texas on
Q: How do I get a waver of citation foru devorce
John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Form 3-13 from the Texas Family Law Practice Manual (3d ed.)

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