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Questions Answered by John Michael Frick
1 Answer | Asked in Divorce and Family Law for Texas on
Q: I was divorced in Texas 13 years ago and now my ex wife wants to claim 1/2 of my truck. Both our names remain on title,

as we both went our separate ways over a decade ago. At no point in this time has she requested or laid claim. Only now that i’ve approached her, 13 years later, about removing her name from the title has she decided I owe her half the value of the vehicle. Do i owe her this even though it was... View More

John Michael Frick
John Michael Frick
answered on May 21, 2024

In depends on what your divorce decree states. A divorce decree should contain a specific provision awarding any motor vehicle that was part of the marital estate to one or both spouses. If no such provision is included in your decree, there is a substantial question why not. Typically, upon... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: My husband and I have a "agreement to sell real estate", where we are the buyer. The seller wants us to leave

The seller left vehicles in the yard without tags or title. Code enforcement wanted them gone, we complied with code enforcement, now the seller is threatening us and trying to break the contract without the return of the down payment we made or the mortgage payments we made to them. What can we do?

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

Your question is a little confusing as you use the phrase "mortgage payments we made to them." That suggests a completed real estate transaction which means a deed conveyed the property to you subject to a mortgage interest retained by the seller. An "agreement to sell real... View More

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1 Answer | Asked in Education Law for Texas on
Q: Ferpa violation

Security Video leaked by school

District causing my daughter distress.

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

In most instances, security surveillance cameras are used in places that do not violate a student's privacy rights under FERPA like building exteriors, hallways, parking lots, and classrooms.

If a surveillance camera was placed in another area that does violate your daughter's...
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1 Answer | Asked in Estate Planning for Texas on
Q: What is my duty for determining if my half-sister inherits the mausoleum I just discovered my dad bought long ago?

My dad bought a mausoleum for two caskets in Virginia about 1972 for him and my mom, with my sister and me mentioned in the deed. He and my mom divorced about 1975, and he remarried a few years later, to a woman who already had a daughter. I don't know if dad had a will that included his new... View More

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

While you have no duty to do anything, you could become guilty of theft by fraud if you sell the interest in the mausoleum and your dad left his interest to someone other than you.

You say that you and your sister are "mentioned" in the deed. If not apparent from the language...
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1 Answer | Asked in Domestic Violence for Texas on
Q: What is continuous violence of a family member?

I was convicted to five years in prison for continuous violence of a family member I have never had or family violence on my record

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

A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by... View More

1 Answer | Asked in Consumer Law for Texas on
Q: What can I do about this employee taking away perks and messing up my cell plan because I didn’t want to buy her “deal”?

I have a mobile plan with *****. I went into the store to get a new phone because I had an upgrade. In my account on the mobile website there was a deal for a free phone. I went into the store to get that deal, set it up, and pay whatever fees I needed to pay. The woman there was trying to do... View More

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

Given the extremely small amount of money involved, this is more of a customer service issue than a legal issue. If I were you, I would contact the customer service department of your mobile service provider. Make sure you correctly report to the CSR the name of the employee with whom you dealt,... View More

3 Answers | Asked in Real Estate Law for Florida on
Q: I have been paying my 36 year owner financed mortgage by mail for 35 and a half years. I have 6 monthly payments left.

The last payment check I mailed was returned to me as undeliverable. That never happened before. I have since learned that the original owner died 5 years ago. I was not informed, and I assume his heirs have been depositing my checks. I have tried, but have been unable to contact the heirs so... View More

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

The good news is that title to your home would have been transferred to you 35+ years ago when you bought the home by means of a deed recorded in your county land records. That is how the county appraiser and government entities know who to send the annual appraisal and property tax bills to.... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Personal Injury for Alabama on
Q: I am a civil prose litigant who is recovering from a judge ordering the bailiff to assault and arrest me over and over

This happened in 2020 and I would like to sue for damages I’ve filed for civil rights violations but the sheriff refused to give me name of bailiff

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

Your post does not contain a discernible question. You should reword it to ask the question you would like a lawyer to answer. For example: "What defenses should I expect a judge and/or bailiff to raise if I file a lawsuit? How much do attorneys in this area of law typically charge in and... View More

1 Answer | Asked in Real Estate Law on
Q: I had two sewer backups in my townhome and the association refuses to pay me for damages.

The Declaration pages state that the association is responsible for maintaining the sewer lines from the home to the county's main and that's what happened. The sewer line collapsed and blocked the sewer line located in the common area. I have everything documented and am ready for court... View More

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

Your post does not contain a discernible question. You should consider rewording it to ask the question that you would like an attorney to answer. For example: "What kind of attorney would I need to file a lawsuit against my townhome association for my damages? How much will an experienced... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Is an automotive service shop liable for damage that occurred to a vehicle due to pre-existing issues prior to the shop

The damage happened after the vehicle left the shop and was caused by issues that existed prior to the vehicle entering the shop. The shop employees noticed the issue, but did not notify the customer

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

If you hired the shop to perform an inspection that would have revealed the pre-existing issue and the shop failed to notify you of the condition that they discovered in performing the inspection, then you may have a claim against the shop for breach of contract or for breach of the implied... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally break my lease without penalty? Texas

My rental home caught fire due to a faulty breaker on the first day I moved in, leaving me without air conditioning or heat for five days.January 18th–23rd. During this time, the temperature dropped below freezing, making it gruesomely chilly inside the house. I boarded my dogs ($267) for five... View More

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

Under the facts you describe, you cannot legally break your lease without penalty. Your pet deposit is intended to cover any damage to the premises caused by your dogs during your occupancy of the premises. If there was a legitimate casualty loss which precluded you from occupying the premises... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What are the implications of not revealing a child born outside of the marriage during separation before divorce?

Husband and I separated 4 years ago, for one thing or another never got to finishing divorce process. I have been with current partner for 3 years and have a 1 year old. I didn’t disclose my marriage to the hospital at birth, so baby has his dad’s last name and acknowledgement of paternity. I... View More

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

Your husband is legally the presumed father of any child born during your marriage. It would be in your best interest to disclose the one-year old child, to disestablish the paternity of your husband, and to seek a paternity finding that your current partner is the father of the child. Not... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Why does law authority that is doing surveillance all wear black and do they hide in the trees and the bushes? What kin
John Michael Frick
John Michael Frick
answered on May 20, 2024

Official law enforcement authorities doing surveillance wear black at night because it is difficult to see. Obviously, they would be unlikely to wear black in the daytime as they would then be very noticeable. Daytime surveillance would typically be conducted wearing plain clothes suitable to the... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: I've recently found tax liens in my name and have never been notified of property I own. How do I find it?

I do not know who my biological father is and supposedly been left and inheritance of property and home or commercial property and business. I owe taxes for these and have no clue where they are or what exactly are the tax lien is against. Regardless the taxes are owed and in my name. How to find... View More

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

If they are property tax liens, the liens themselves will identify where the property is located. At very least, they will identify the taxing authorities to which the taxes are owed, for example the name of the county, name of the city, and/or name of the school district. You can then search... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for Texas on
Q: Can I switch Jurisdiction to my County now, same State, at the time but now she moved out of State? (been a year)

Filed for visitation in my County but it got transferred to her County. During the process she moved out of State for no reason at all. I want my County to have Jurisdiction now. She has residence in the other state now.

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

Jurisdiction and venue are established at the time a lawsuit is filed. The only way to make a change after a lawsuit has been filed is to dismiss the pending lawsuit and refile a new lawsuit in a court with jurisdiction and venue. In most "visitation" matters, the state and county with... View More

1 Answer | Asked in Sexual Harassment and Civil Rights for Texas on
Q: (Texas) Recently I saw a man take a picture of a woman's covered buttocks in a public grocery store Is this a crime?

I live in Texas this happened in a grocery store self checkout line with cameras everywhere. what would he be charged with?

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

He would probably not be charged with anything unless he took the picture inside a restroom or other private place. Generally speaking, anyone can take a photograph or video of anyone else in a public place where there is no expectation of privacy, like a grocery store aisle.

2 Answers | Asked in Contracts for Maryland on
Q: Can a restaurant be held liable for hosting an event by an company that fraudulently scammed people out of money?
John Michael Frick
John Michael Frick
answered on May 16, 2024

It depends upon the particular facts and circumstances. Key information will be whether the restaurant sponsored and promoted the event, or whether the sponsors of the event simply reserved a room or tables at the restaurant as a place to hold the event.

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I find out the deadline for submitting evidence and witnesses in a divorce trial? I am pro se.

I have contacted the court clerk who referred me to the Texas Rules of Evidence, but those rules are not case specific.

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

If there is not a scheduling order entered in your specific case, the deadlines set forth in the Texas Rules of Civil Procedure (not Evidence) and the Texas Family Code govern. Read chapter 301 of the Texas Family Code and Rules 192-195 of the Texas Rules of Civil Procedure, especially Rule 194a.

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: What type of Lawyer do I need to sue someone who has taken property that does not belong to them in Texas?

I'll keep this short as possible. Divorced a woman that I did not have children with but I had my own children. During the course of the divorce, she was granted sole exclusive use of the house and I was not. During that time her and her family liquidated my adult children's assets (who... View More

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

Because your children are adults, they will need to hire an attorney, not you. An attorney with experience in civil litigation in or near the county where the property was taken ought to be able to file a lawsuit for conversion and under the Texas Theft Liability Act. Because of the nature of the... View More

3 Answers | Asked in Car Accidents for Texas on
Q: Need advice on an accident from 2 years ago.

Got in an accident about 2 years where I hit a motorcyclist when I was turning right into a parking lot from a median. He said he was fine after the incident but and left before the cops were called. Insurance paid him money after the fact and now 2 years later he is filing for bodily harm. Just... View More

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

If you had motor vehicle liability insurance at the time of the collision, you need to tender the lawsuit to you insurance company and request that it defend you in the lawsuit.

If you did not have insurance at the time, you need to promptly hire an attorney to timely file an answer on your...
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