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Texas Questions & Answers
1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I am held in contempt and ordered to 180 days in jail on paper when I have my next hearing can that order be changed?

If I am held in contempt and ordered to 180 days in jail on paper when I have my next hearing can that order be changed? I feel behind on child support and was held in contempt today. My next hearing is in 3 months and on paper it says that day I will start my sentence, my lawyer however told me to... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 21, 2024

Yes. Your lawyer is correct. You need to pay the child support and get a job asap.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: How to claim for remaining months rent from tenant who has done early lease termination?

I am a landlord in Dallas, Texas. I had a tenant under 18 months lease agreement starting November 1st 2023 to May 1st 2024. The tenant paid $7500 cash before moving in. $7500 included first and last month rent (rent was $3500 per month) and $500 security deposit. He did an early termination from... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

Since the amount involved is under $20,000, you should file a small claims case against him in the JP court for the precinct where the property is located.

1 Answer | Asked in Contracts, Family Law, Products Liability and Small Claims for Texas on
Q: My sister will not return her phone

I have a plan with Verizon and my sister is on my account. She hasn’t paid her portion of the bill in a few months, so I have been paying so the service won’t be disconnected. We are both still paying off our phones, it’s about $700 left to pay off per phone. Ive suspended her line but she... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

After paying Verizon, you can sue your sister for the money she owes you in small claims court.

1 Answer | Asked in Family Law and Small Claims for Texas on
Q: How to get money that is owed to me and ring back from an ex fiancé who broke off the engagement?

She owes me money for her movers that I paid for and said she would pay me back. Money loaned to pay her employees when she couldn’t, and when we moved in together she agreed to pay for half the utilities, but always said she didn’t have the money and would pay me at a later date.

She... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

An engagement ring is usually considered a gift, so you are not entitled to the ring back. As for the other items she owes you for, our justice of the peace courts have jurisdiction over small claims up to $20,000.

1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: What legal weight do I have should a business ownership dispute require legal mediation?

My partner and I share 50/50 of a business we just started. We are mere weeks away from our first sale and now his wife wants 4% ownership of the company, which they both expect me to give up 2% to her because she came up with the idea. In the beginning she said she didn't want to be an owner,... View More

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2024

A Texas attorney could advise best, but your question remains open for two weeks. But this may be a difficult question for any attorney to answer in the brief format of this Q & A forum. If you reached out to attorneys, it's likely that instead of a quick yes or no answer, law firms would... View More

2 Answers | Asked in Business Law, Communications Law and Consumer Law for Texas on
Q: Can I sue my university my media advertising major went obsolte the year I graduated 2010
John Michael Frick
John Michael Frick
answered on Feb 16, 2024

It is highly unlikely any such lawsuit would be successful.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Can a writ of Possession be requested to enforce Judgment.

Can A WOP be Requested years after Judgment that states shall have writ of possession and restitution and other methods in order to in force this decree. Im wanting to know if the judgment runs with however long the land is owned by the individual or there heirs and could be used to remove subject... View More

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

A writ of possession may not be issued more than 60 days after a judgment for possession is signed, and may not be executed more than 90 days after a judgment for possession is signed. TRCP 510.8(d)

1 Answer | Asked in Criminal Law and Wrongful Death for Texas on
Q: Where can I find current information on the trial of Raynaldo Ortiz?

Trial should have started in Judge Godny's court early February

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 15, 2024

Go to the district clerk office in the county the trial was held and they can pull the case for you.

1 Answer | Asked in Family Law for Texas on
Q: I was informed by the assistant district attorney in Texas, that I could file a motion to revoke community supervision

from the OAG website, but I cannot find this application

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 15, 2024

Go to the law library and they can assist you in obtaining the form. You may want to retain a lawyer because the motion is complicated.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Mom and ex girlfriend are in a lease but mom doesn’t live there. Does mom still have rights on who can got or be there
John Michael Frick
John Michael Frick
answered on Feb 13, 2024

When property is leased to two individuals, each individual has the right to possession of the premises and can independently allow guests to enter and remain on the premises as long as doing so does not violate an express term of the lease.

1 Answer | Asked in Probate for Texas on
Q: My probate lawyer is dragging out closing our probate case.

We are in a dependent administration due to my youngest sister didn't want to participate in a independent administration. The only thing that in probate is a injury settlement check from my mother after she passed away in 2021. My probate lawyer has received all the money from the injury... View More

John Michael Frick
John Michael Frick
answered on Feb 12, 2024

No. It is most likely the probate attorney and his staff are busy on another matter with either a deadline or a higher priority.

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: I have a temporary court order from 2014 I would like to close it to be able to receive child support.

Temp order for custody/child support arrangement. 7 Days with mom then 7 days with dad we were supposed to go back to court to finalize everything. The mother did her 7 days on and off for about 2 to 3 months she was never consistently keeping the child when it was her 7 days there was always an... View More

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

Given the facts you describe that this case has been hanging around with only temporary orders for more than ten years--which is very unusual--$2600 sounds extremely reasonable. I recommend you take that deal.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can an apartment complex start charging for water usage if not stated on lease?

Im not seeing it anywhere on the lease that i would have to pay water only electricity

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

No. If water was not included in the lease, typically it would be the tenant's responsibility to set up his/her own account with the City or MUD.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Texas on
Q: I asked for a divorce from my emotionally abusive husband. How can I make it legal with no money?

Im not sure what my rights are or what to do next. I want this to happen soon. I’m afraid that I’ll get stuck here.

Todd B. Kotler
Todd B. Kotler
answered on Feb 7, 2024

Many courts allow you to file by also filing an affidavit of poverty (sometimes styled as a motion to waive fees or "in forma pauperis"). Se which of these your county's court requires by local rule. Good Luck.

1 Answer | Asked in Estate Planning for Texas on
Q: What happens to a will created in Texas when parent remarries in Oklahoma?

Parents had Will created in Texas before mom passed away in 2019. Dad has recently remarried in Oklahoma. Dad is planning on selling house in Texas and buying a house in Oklahoma. In the Will, the house in Texas was being left to the children. How does this remarriage in Oklahoma affect the... View More

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

The Will remains valid as to the disposition of the dad's estate; however, his new wife will now have widow's rights and will have an undivided 50% ownership interest in all community property they acquire during the marriage.

1 Answer | Asked in Uncategorized for Texas on
Q: We are the grandparents.we bought grandson an ATV for his birthday.parents divorced.lives with son.mother gave ATV.

Can she do that legally? Theft?

James L. Arrasmith
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answered on Feb 5, 2024

The legality of the mother's actions in giving away the ATV depends on the ownership and intent behind the gift. If the ATV was given to your grandson as a gift, and he is considered the legal owner, then typically, only he or his legal guardians (depending on his age) would have the authority... View More

1 Answer | Asked in Car Accidents and Small Claims for Texas on
Q: When filing in Small claims court, which Justice of Peace location should I pick for car accident case?

is it based on the defendant's address or plaintiff's address or accident location?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

you may choose to file in the county and precinct in which the Defendant resides if the Defendant is a natural person or in the county and precinct where the accident happened.

2 Answers | Asked in Uncategorized for Texas on
Q: There was no problem with him owning ATV.she gave it away out of spite for not living with her

Is it a crime?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

It is not a crime for a person to give away an ATV they own.

It may be a crime for a person to give away an ATV someone else owns/

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2 Answers | Asked in Wrongful Death for Texas on
Q: Could you tell me if this is a case someone would take died while being transported from prison to another prison

Supposedly fell out of van or bus and broke his neck he was shackled and handcuffed

Asking for a friend just wanting to find out if this is a case that someone would take

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 5, 2024

Yes. If the facts are correct a attorney would take the case

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1 Answer | Asked in Military Law for Texas on
Q: Question regarding ar 15-6 investigation
James L. Arrasmith
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answered on Feb 4, 2024

If you're involved in or subject to an AR 15-6 investigation, it's essential to understand the process and your rights. An AR 15-6 investigation is a type of administrative inquiry within the United States Army used to collect information and facts related to specific allegations or... View More

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