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Q: Can my sister sue rehabilitation agency for misleading on a $11,000.00 refund payment?

Why would supervisor tell me regional office suppose to send it. From Feb. 9,2024 to May 2024?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

A Texas attorney could advise best, but your question remains open for a week. It's possible she could, but an attorney could advise more definitively after learning about the nature of the misleading actions (fraud, misrepresentation, etc.). One option could be for your sister to try to... View More

1 Answer | Asked in Employment Discrimination and Identity Theft for Texas on
Q: Can I get paid ?

The company's name is Beltmay LLC in Los Angeles, CA. Their address is 1801 Century Park E, #1540,

Los Angeles, CA 90067. This is the only address I can find for it but I believe this company is fraudulent

John Michael Frick
John Michael Frick
answered on May 29, 2024

Your question is unclear as to what and why this company would pay you. That being said, fraudulent companies rarely have assets to satisfy civil judgments against them.

1 Answer | Asked in Small Claims for Texas on
Q: In texas small claims court, how to file a change in defendant's name that was entered with a typo

I have just filed the petition, The defendants have been served yet.

John Michael Frick
John Michael Frick
answered on May 29, 2024

You can file an amended petition correcting the defendant's name. You will need to reissue citation and serve any defendant who has not yet answered.

2 Answers | Asked in Criminal Law and Wrongful Death for Texas on
Q: Is a six month old text message from a decedent to a third party valid testimony or evidence
John Michael Frick
John Michael Frick
answered on May 28, 2024

It can be depending upon other facts not mentioned in your question.

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1 Answer | Asked in Consumer Law for Texas on
Q: If a debt collector files a lawsuit in Texas, does a citation need to be delivered?
John Michael Frick
John Michael Frick
answered on May 28, 2024

Yes. Unless the defendant voluntarily makes an appearance without being served, a citation and a copy of the petition will need to be properly served upon the defendant in accordance with the Texas Rules of Civil Procedure.

1 Answer | Asked in Real Estate Law for Texas on
Q: I live in Houston,have a rental property in Montgomery, AL,bought it from an IRA, want to sell house now, no clear title

The house has no mortgage, but need repairs. I will have to pay taxes next year for getting it from IRA and want to sell it this year. How would that work where I can be free of the taxes.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

The IRS has a filing that allows you to sell a house in your IRA, and then re-invest into another house for your IRA, if you do both transactions in one year. If so the asset can be sold tax-free.

1 Answer | Asked in Insurance Bad Faith and Medical Malpractice for Texas on
Q: I paid a hospital my total out of pocket max on my medical insurance before having a surgery done,

Apparently they did not report this to the Insurance company because all the doctors and medical bills should have been paid 100% by insurance but I'm receiving bills from all of them because insurance company say's out of pocket has not been met yet I have talked to both the Hospital and... View More

Tim Akpinar
Tim Akpinar
answered on May 24, 2024

A Texas attorney could advise best, but your question remains open for a week. Sometimes hospital social service staff could help with insurance reimbursement issues. Good luck

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: Can i actually or have any decent chance of getting my gun rights back for 2 state jail felonies in Texas?

Non-Violent, Non-Drug related, Was 17 years old. Charge 1. Burglary of a building with intent to commit criminal mischief Charge 2. False Alarm or Report. 10 years ago, no trouble at all since.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

In Texas, regaining gun rights after being convicted of state jail felonies can be challenging, but it is possible under certain conditions. Since your felonies were non-violent and non-drug related, and you were 17 years old at the time, you may have a chance to restore your rights. Generally,... View More

1 Answer | Asked in Agricultural Law, Criminal Law, Appeals / Appellate Law and Wrongful Death for Texas on
Q: Would any law firms take on a death penalty case for free?

I have a friend on death row in Texas who is currently trying to appeal his sentencing. Would any law firms take his case on for free?

Tara Gilmore-Low
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Tara Gilmore-Low
answered on May 24, 2024

There are firms who handle a number of appeals on a pro bono basis, however, your better bet is to contact the Innocence Project.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: My dental insurance didn't pay the provider now the provider is charging me for services that should be 0 copay.

I confirmed with the insurance that there should be 0 copays but they only mailed a $10 dollars check to the provider when asking for a solution I was left on hold for hours and they just hung up on me in the end. how to get it resolved?

Tim Akpinar
Tim Akpinar
answered on May 23, 2024

A Texas attorney could advise best, but your question remains open for three weeks. Until you are able to consult with a local attorney, the carrier's claims personnel could sometimes liaison with providers to resolve coverage issues. Good luck

1 Answer | Asked in Products Liability for Texas on
Q: Can I walk away from a course that i havent paid for in full yet if im not happy with the services?

I signed a contract for four months pertaining to real estate course. The many things that I was promised would be part of the course, I am not happy with. The course includes phone calls,texts with the coaches, messages with the coaches. Many of my messages go unanswered. The phone calls feel... View More

Tim Akpinar
Tim Akpinar
answered on May 22, 2024

The first thing to check would be the agreement or contract in registering for the course. Look into whether there are any sections that deal with cancellation, withdrawl, refunds, etc. Good luck

1 Answer | Asked in Business Law for Texas on
Q: If a customer writes a smaller tip than what the total says, which line do you go with? The tip or the total?
Tim Akpinar
Tim Akpinar
answered on May 21, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on how the bank or credit card's representatives handle it according to their standard operating procedures. Good luck

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: Insurance denied my claim the doctor was in-network and the website and provider stated that should only be a $40 copay

United Healthcare website has the provider as in network with a $40 copay I got a referral got confirmation from a doctor that they are in network but insurance denied the claim and wants to charge me over $400 dollars for it when I called to resolve it I was left on hold until they hang up on me... View More

Tim Akpinar
Tim Akpinar
answered on May 20, 2024

A Texas attorney could advise best, but your question remains open for two weeks. You could look into the Texas Department of Insurance, Good luck

1 Answer | Asked in Federal Crimes for Texas on
Q: I need help with V2K services on identifying the attacker and also getting the history on how long they been doing it
John Michael Frick
John Michael Frick
answered on May 20, 2024

Identifying an attacker is a job for either the police or a private investigator. Because most technology experts agree that V2K technology does not currently exist, you most likely will not find police very helpful. So you almost certainly will need to retain the services of a private... View More

1 Answer | Asked in Probate for Texas on
Q: Is there anyway i can see if my grandfather left a will and who the heirs are?

I have been esstranged from my fathers side of the family so there is no way for me to find out

John Michael Frick
John Michael Frick
answered on May 20, 2024

If your grandfather died and his Will has been or is being probated, you can look at the Will in the probate court records.

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: How do you transfer mineral rights to children when parent passes without will.

Father owned 40 acres and sold it but kept the mineral rights and had been getting a small check each month. When he passed, daughter moved the check to her mom (dementia), brother and herself, three way split. Now mom passed and check is going to daughter and step son but the tax office still has... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on May 20, 2024

It depends on the state. In Texas, you can use an affidavit of heirship in this situation.

1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I have a settlement payment arrangement changed years later?

I was a baby when my mother passed from a mal practice in a hospital. There was a lawsuit and the judge advocated for me to have my money set up a certain way. I understand he thought it was in my best interest but I’d rather have all or some of it now. I want to purchase a house and I can’t... View More

Joel Gary Selik
Joel Gary Selik
answered on May 18, 2024

No you cannot have it changed.

But you can sell it. But it would be at a steep discount. Make sure you study any companies you consider and the fine print-not all companies are fair.

1 Answer | Asked in Family Law for Texas on
Q: If l rent a apartment and they have my rental car towed is that against the law?
John Michael Frick
John Michael Frick
answered on May 13, 2024

It depends on the particular facts and circumstances. Read the Texas towing statute in Chapter 2308 of the Occupations Code: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://statutes.capitol.texas.gov/Docs/OC/pdf/OC.2308.pdf

1 Answer | Asked in Family Law for Texas on
Q: I have 20 day waiting period

After 20 days are up, do I have to wait the following 40 days or am I allowed to move on with my case? How soon would I be able to?

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

There is a 60-day waiting period in divorce cases in Texas. Not a 20-day or a 40-day waiting period. TFC 6.702.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Will a judge consider my motion to dismiss if I do not point to the exact rule, but just reference the code?

I filed a Motion to Dismiss for an enforcement of unpaid child support motion my ex made. In it I referenced the Texas Family Code, I couldn't find the rule but I described it as a friend advised me to do so. Will the judge grant my motion, or will it be considered ambiguous?

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

A motion to dismiss is not available in a case brought under the Family Code. TRCP 91a(1).

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