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1 Answer | Asked in Trademark for Texas on
Q: Is "motorious" up for use? Or is it trademarked

Wanting to trademark this brand name for use

James L. Arrasmith
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answered on Aug 17, 2024

To determine if "Motorious" is available for use as a brand name, you'll need to check if it's already trademarked. Start by searching the official trademark databases, like the U.S. Patent and Trademark Office (USPTO) or your country’s equivalent. This will show if someone... View More

1 Answer | Asked in Tax Law and Identity Theft for Texas on
Q: Can I sue my sister for stealing my identity? she created crypto accounts using my name and didn't pay any taxes on it

She created multiple crypto accounts in my name and made capital gains trading but never paid any taxes, can I sue her for it? I would like to hold her accountable for the taxes she occurred in my name. I don't want any future issues with the irs. Nor do I wanna deal with any legal issues,... View More

James L. Arrasmith
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answered on Aug 16, 2024

Yes, you can potentially sue your sister for identity theft, fraud, and damages caused by her actions. By using your name to create cryptocurrency accounts and failing to pay taxes on the capital gains, she has exposed you to serious legal and financial consequences. It's essential to protect... View More

1 Answer | Asked in Immigration Law for Texas on
Q: do I need to file extension if I have already filed form I485, have delivery notice, but not the receipt.

I have receipt of form I130 and my i94 is expiring soon

James L. Arrasmith
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answered on Aug 15, 2024

If you've already filed Form I-485 and have the delivery notice but not the receipt, it's important to keep track of your case status. The delivery notice serves as proof that your application was received, but you should still follow up to obtain the official receipt notice. This... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My H1B is approved through current company but hours got reduced. What are my options to transfer if I have a new offer?

I applied H1B through my current company and is now approved. But soon after, they reduced my hours due to company reasons. Which means i don't have full paychecks that they had initially mentioned on my H1B form. (But I am still employed)

I have now received offer from a new company... View More

James L. Arrasmith
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answered on Aug 15, 2024

If your H1B was approved through your current company but your hours and pay have been reduced, you can still transfer to a new employer after October. You don't necessarily need two full paychecks to apply for a transfer, but having proof of employment and any pay received could help your... View More

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: Estate tax for a non-resident alien's US bank account

Hello - A non-resident alien (from Nepal) has $200k in US bank savings account and $300k in US Govt bonds. A US citizen daughter is named as a beneficiary (payable on death) on both assets. If the owner dies, is estate tax applicable to any of these assets provided there are no other claims?... View More

James L. Arrasmith
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answered on Aug 15, 2024

In the situation you described, estate tax could be applicable to the non-resident alien's US assets. The US imposes estate tax on non-resident aliens' US-situated assets, which includes the US bank savings account and US government bonds. The threshold for estate tax for non-resident... View More

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Tax Law for Texas on
Q: What are the legal options I can take against a previous auto dealership that provided in-house financing?

In Sept 2019, I hit a deer. By Nov 2019, an auto claims adjuster came to the house, assessed the damage, and considered it to be a total loss. After the company received the amount to pay off the majority of the loan, which was to be $4995, the dealer's gap insurance that is required at the... View More

James L. Arrasmith
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answered on Aug 15, 2024

You have several legal options to consider in this situation. First, you may want to dispute the 1099-C with the IRS, as it seems the debt was already paid off, and the filing may have been incorrect. If the dealership's gap insurance was supposed to cover the remaining balance, and they did... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: How does CH 13 repayment plan work? Assuming I am $100K behind on my mortgage and a 5 year repayment plan.

Would I pay my regular monthly mortgage payment back plus $100K / 60 months? Or does the trustee review my income and expense figures and come up with an amount he/she deems appropriate? I’m leaving other misc fees that might be included.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 8, 2024

Mr. Arrasmth's response is correct., as far as it goes, but he omits one major benefit of a Ch. 13 filing: no interest accrues on the amount of your mortgage arrearage during your bankruptcy.

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1 Answer | Asked in Constitutional Law and Military Law for Texas on
Q: If I fill out an affidavit to retrieve my firearms back will they give them to me? Not a felon or anything

When I was in the military 2 years ago I got my firearms confiscated from me at the gate in Fort Hood for possession of marijuana and firearms. I was not charged or trialed and got out with an honorable discharge and haven't seen a court room. I ran my background check and I come back clean... View More

James L. Arrasmith
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answered on Aug 15, 2024

You have a good chance of retrieving your firearms, especially since you were not charged or convicted of any crime, and your background check is clean. Since the firearms were legally purchased and you have the proper paperwork, this strengthens your case.

Filling out an affidavit is a...
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1 Answer | Asked in Social Security for Texas on
Q: I'm on my work credits for disability for almost 4 years. Went over by 14.00 on state income limits and lost Medicare

Went to work PT just to live had no choice. Pain everyday. I have a bone deterioration disease and rheumatoid arthritis. Today I receive a letter telling me I will lose my benefits given me 10 days to reply back from the date of the letter 7/25/24. I have no time too.received today 8/8/24. Help... View More

James L. Arrasmith
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answered on Aug 15, 2024

It sounds like you're going through a tough situation, and I'm sorry to hear about the pain and stress you're experiencing. The first step you should take is to immediately contact the Social Security office or your state's Medicaid office. Explain that you just received the... View More

1 Answer | Asked in Small Claims for Texas on
Q: What is the best way to appeal a Justice of the Peace case that has been disposed.
John Michael Frick
John Michael Frick
answered on Aug 13, 2024

File an appeal to the county court at law as provided within 21 days as provided in Rule 506 or within 5 days in an eviction case as provided by Rule 510.9.

1 Answer | Asked in Consumer Law for Texas on
Q: Can I get reimbursed for repairs to my house caused by faulty work done when the house was renovated by previous owner?

Home was bought 5 years ago after being completely renovated by person who bought and flipped the house. The master shower was not installed correctly and now leaks water and cannot be used until repair which will cost $10,000.

John Michael Frick
John Michael Frick
answered on Aug 13, 2024

It depends on whether the contractor who did the faulty work provided a transferable warranty to the previous owner, whether that warranty covers the faulty work, and whether that warranty was transferred to you.

1 Answer | Asked in Employment Law and Health Care Law for Texas on
Q: Can you sue if you get laid off without a warning or probation
John Michael Frick
John Michael Frick
answered on Aug 13, 2024

In the absence of an agreement to the contrary, being laid off without warning or probation does not give rise to a civil lawsuit. In most instances, you should be entitled to unemployment compensation.

1 Answer | Asked in Probate and Tax Law for Texas on
Q: I have been appointed Personal Rep for my parents probate case, how do I manage the sale of their biggest asset (House)?

I want to minimize my tax exposure.

I can transfer the house to me, then sell or I can create an estate account and have the funds placed there and pay any taxes from there.

If I transfer the house to me and sell, I would owe the taxes the sale, yes? BUT if I sell the house, put... View More

James L. Arrasmith
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answered on Aug 13, 2024

When managing the sale of your parents' house during probate, it's important to consider both the tax implications and how to handle the estate efficiently. If you transfer the house to yourself and then sell it, you would typically be responsible for paying any capital gains tax on the... View More

1 Answer | Asked in Probate for Texas on
Q: Mother passed away the end of June with a Revocable Trust. Her savings account was under the trust, checking was not
John Michael Frick
John Michael Frick
answered on Aug 9, 2024

The funds on deposit in her checking account will pass either to the pay on death (POD) beneficiary if she named one or to her heirs as part of her probate estate.

1 Answer | Asked in Banking and Small Claims for Texas on
Q: I am being sued by a creditor. I have been unable to pay anything beyond my basic household bills. Can I meet w/someone?

I lost my job due to COVID; house flooded because of the Feb 2021 freeze; I have had 3 surgeries in the past 4 years & almost lost my home last year. I am just trying to survive. I need some guidance please & need help before I have to appear in court on August 22, 2024.

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

Yes, you should meet with an attorney who handles personal bankruptcy cases in or near the county where you live. Make sure you bring a copy of the lawsuit filed against you by your creditor to that attorney so he knows whom to notify.

1 Answer | Asked in Real Estate Law for Texas on
Q: my wife's husband died 14 years ago, and now she wants to sell house but it is her late husband's name.

What does she need to put house in her name

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

She can take a certified copy of her late husband's will and the order admitting his will to probate to the title company to establish a clear chain of title to her.

1 Answer | Asked in Medical Malpractice for Texas on
Q: I was forced to strip completely naked in front of my doctor's 12-year-old daughter when I was 14-years-old. Can I sue?

Four years ago, when I was 14, I had a skin infection/rash on my thigh and chest and my mother took me to the doctor to be examined. My doctor asked if her 12-year-old daughter could stay in the room while I am being examined and my mother agreed to let her stay and watch. I had to strip completely... View More

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

It seems unlikely and will depend, in part, on what compensable damages, if any, you sustained that can be causally connected to this incident.

1 Answer | Asked in Contracts for Texas on
Q: I had a agreemenfir free shipping on alilbaba.com with a seller once i paid in full he then charged me shipping

The selker changed the chat that was on there site once he k ew i was filing.the company knew i wanted to file myself and aganist my wishes they filexd for me because they protect there sellers at alibiba .com.i got origanal agreement that he changed.is he obligated to give me free shipping if it... View More

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

If you have an agreement for free shipping and you are charged for it, you likely can sue the Seller for the shipping charges.

1 Answer | Asked in Elder Law, Securities Law and White Collar Crime for Texas on
Q: Sister added to mom's account to pay her bills while mom helped covid son. $200k beneficiary check deposited in account

In 10 months, Sister took over 100K with out mom's permission. When mom, who is 81, noticed she closed the account. Any legal action we can take? Mom is really stressed.

John Michael Frick
John Michael Frick
answered on Aug 8, 2024

Mom can sue Sister for any money taken out without mom's permission. If Sister used the money to buy or pay for a tangible asset, mom may be able to impose a constructive trust on that asset to help ensure repayment of the money taken.

2 Answers | Asked in Personal Injury and Civil Litigation for Texas on
Q: I called the suicide hotline 988 and I got a busy signal. I posted a screenshot on x. I've been sick since can I sue?
John Michael Frick
John Michael Frick
answered on Aug 8, 2024

No. The operators of the hotline owe you no legal duty.

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