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Texas Questions & Answers
1 Answer | Asked in Employment Discrimination for Texas on
Q: I recently took on a retired coworkers work on top of my own that I’ve already been doing for 15 years.

I told the company that I work for now that I would love to help them save money by seeing if I can do both jobs within my shift. I was told I would get 30 days to see if I can do it and like it and I would get a raise. Now that 30 days is up I’ve realize that it’s too much for me to take on... View More

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

Yes, it is legal.

2 Answers | Asked in Real Estate Law and Estate Planning for Texas on
Q: My father took over payments on my grandfathers land but died the same month he paid it off what to do?

Grandfather died in 2016 my father passed in 2019

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2024

Hire a TX attorney to file a Declaratory Judgment and Quiet Title Action to have the debt declared satisfied. You will need to put on proof of payment.

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1 Answer | Asked in Family Law for Texas on
Q: I filed, I have to have the respondent served. I know this is where they live at.

I filed and hired a process server so far the attempts have not been successful and I only have three left. If I cannot find him what could I do? I don’t want to wait for the publication and if I have to will it put 60 more days onto when I filed? I know this is the respondent ADDRESS due to his... View More

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

File a motion for substituted service under Rule 106(b).

1 Answer | Asked in Real Estate Law for Texas on
Q: If my lease ended in December. Still waiting on a new lease they said would have ready in a few days. Month to month now

After passing inspection and paying any owed. Money. Can they charge late fee without a new lease?

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

Only if the old lease, which is now month-to-month, provides for late fees. They can't simply add it if it wasn't included in the old lease.

1 Answer | Asked in Public Benefits, Consumer Law, Products Liability and Business Law for Texas on
Q: What are some things I can do to increase the importance of hygiene and QC at my local tobacco shop as a member/buyer.

I have a local cigar shop that's produces all in house. Tons of boxes all around of future cigar binders, fillers and wrappers. I've seen mold a hand full of times. Not cigar bloom but clear as day mold on the ends or twisted tips. Many times I'll grab the multi packs off the display... View More

Tim Akpinar
Tim Akpinar
answered on May 7, 2024

It's possible that there could be technical solutions, since you seem to like the place and its owners and don't want them to be hurt - dehumidification, air conditioning, etc. Good luck

1 Answer | Asked in Personal Injury for Texas on
Q: I got an assault charge sealed from 6 years ago but still shows when applying for apartments. What are my options?

Judge ordered seal so I don’t think it should show. This was sealed maybe last year or the year before.

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 7, 2024

Get a certified cop of the order sealing your record and send it to the agency disclosing your record.

1 Answer | Asked in Criminal Law for Texas on
Q: How can i fight a false possession charge with a tampering with evidence with the intent to destroy?
Madolyn García Falone
Madolyn García Falone
answered on May 7, 2024

You, on your own, can't fight it. Recall that, "anything you say can and will be held against you." You don't know the minefield that is criminal law, and everything you say will be parsed so as to successfully prosecute you. You need to hire a criminal defense attorney, immediately.

1 Answer | Asked in Probate for Texas on
Q: Texas: I am the co account holder on 2 accounts with my deceased mother. Does the money go to me or the estate?
John Michael Frick
John Michael Frick
answered on May 7, 2024

It depends on whose money was deposited into the account. If it was your money, the money belongs to you. If it was your deceased mother's money, it belongs to her estate.

2 Answers | Asked in Medical Malpractice for Texas on
Q: I passed out in a hospital and fell and broke my hip. They said not a surgical candidate. Sent me to a nursing home.

I'm 55

Gail N. Friend
Gail N. Friend
answered on May 6, 2024

Since this message indicates You are in Texas; you may call Nurse Attorney Gail Friend at Friend & Associates as there are medical issues involved in your question. That is, expedited treatment of a fractured hip is the usual standard, Unless you were in the hospital because of underlying... View More

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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: Hello! I am wondering if there is a way to sue a non custodial parent for back child support?

My NCP has been working under the table for a year, and has not been submitting child support payments, nor been in contact with me. I do know where he is working, however the owner of the company is also his friend, and is most likely paying him in cash or personal checks.

John Michael Frick
John Michael Frick
answered on May 6, 2024

Yes. If your NCP has been ordered to pay child support, you can file an action with the OAG to enforce his child support obligation.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: The OAG filed an enforcement, at court the ncp is claiming a possession credit, but he took her without my consent

Her dad took her for over 9 months and refused to give her back and moved to another city about 4 years ago, now the OAG filed an enforcement case because he is almost $8000 in arrears. At court he had the balls to say those arrears should be wiped out because he deserves a possession credit... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 4, 2024

You should of never let him keep her 9 months. You could of file a Writ to get her returned to you. It is up to the judge to decide if he will be given possession credit.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: My wife and I justwent through an awful cps case and the court lacked jurisdiction and they proceeded as though they had

There was another court that had ccej and they were aware and denied us a dismissal.

John Michael Frick
John Michael Frick
answered on May 1, 2024

If the court truly lack jurisdiction and you timely complained but the court denied your request for relief, you should timely file an appeal from its ruling.

1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Texas on
Q: I got the denial my case i485 because I got failed To qualify for adjustment under INA 245, an applicant.

I was international student my i20 expired until July 2019.

I got married certified with my husband 2018. Then we just applied documents during since last 2018-2019. We ask for help lawyer. My documents delayed when COVID comes. The office does not update any information. Then, we got... View More

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about the challenges you've faced with your I-485 application and the denial you received. It sounds like a frustrating and overwhelming situation. Here are a few suggestions for moving forward:

1. Seek an experienced immigration attorney: Given the complexity of...
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1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Texas on
Q: I got the denial my case i485 because I got failed To qualify for adjustment under INA 245, an applicant.

I was international student my i20 expired until July 2019.

I got married certified with my husband 2018. Then we just applied documents during since last 2018-2019. We ask for help lawyer. My documents delayed when COVID comes. The office does not update any information. Then, we got... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

I'm sorry to hear about the challenges you've faced with your I-485 application and the denial you received. It sounds like a frustrating and overwhelming situation. Here are a few suggestions for moving forward:

1. Seek an experienced immigration attorney: Given the complexity of...
View More

1 Answer | Asked in Consumer Law for Texas on
Q: My application for a car loan was denied should I get my deposit back
John Michael Frick
John Michael Frick
answered on May 1, 2024

If the deposit is refundable, you should get it back.

1 Answer | Asked in Family Law for Texas on
Q: What portion of medical bills is the non custodial parent responsible for if the cost is higher bc he failed to keep ins

We are responsible for half and half on medical bills . But because he has failed to keep the insurance current I have had to pay out of pocket a lot more than if they had insurance. Is he legally responsible for the full amount as we are supposed to split 50/50 cost as the order states which is if... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 30, 2024

Many decrees have language that if the person ordered to carry insurance fails to provide insurance that they are 100 percent responsible. Review your order

2 Answers | Asked in Health Care Law for Texas on
Q: Was told by the boss to do something not in the job description and it caused me to get sent to the hospital

Needed stitches across my bicep

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

If you were injured on the job, you are likely entitled to workers' compensation. You should make a report of injury as soon as practicable.

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1 Answer | Asked in Small Claims for Texas on
Q: I have a property damage case how do I prove somone was there if they deny it?
John Michael Frick
John Michael Frick
answered on Apr 29, 2024

You can call witnesses who saw the person, authenticate and offer a photograph or other video, or establish the presence of the person with forensic evidence like fingerprints or DNA.

1 Answer | Asked in Criminal Law for Texas on
Q: After a bench trial the judge took 5 years to make a decision on the case. Can i file for a PCR appeal?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 29, 2024

The appeal timetable starts once the judge sign the final order or judgment.

1 Answer | Asked in Personal Injury for Texas on
Q: I won an injury settlement lawyer sent me a check from their account to pay me. Can that money be taken for school loans

Or other bills from years ago?

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2024

A Texas attorney could advise best, but your question remains open for a week. The wording of your question is not fully clear. It doesn't look like you're wondering whether you could apply your award toward school - you could generally do what you want with your award money. You are... View More

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