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Texas General Practice Recent Legal Answers from Lawyers

Texas General Practice Recent Legal Answers from Lawyers
Your ex can ask for anything he wants, but nothing you've written in your question would give him the right to take the phone back, whether he gave it to you as a gift or in settlement for having damaged your old phone.  Of course, he may have his own story.  For example, he may claim that he only gave you the phone to use while the two of you were together, or that you failed to do something that you were supposed to do in return for the phone, for example pay for it in installments.  If he does claim something at odds with what you've written, there is no guarantee that a judge or jury will not believe his story over yours.... Read More
Your ex can ask for anything he wants, but nothing you've written in your question would give him the right to take the phone back, whether he gave... Read More

Money from an Ex

Answered 5 months ago by attorney Renea Overstreet   |   1 Answer
Your divorce decree may control how the money should have been distributed. If it does, you could file a motion to enforce to get a judgment for your share of the funds. You certainly should get an attorney because it appears that your ex will not do the right thing.
Your divorce decree may control how the money should have been distributed. If it does, you could file a motion to enforce to get a judgment for your... Read More
Theft is a crime. You should file a police report and press charges against the man.
Theft is a crime. You should file a police report and press charges against the man.
Are you still looking for help with this issue?
Are you still looking for help with this issue?
When did you find out the phone was stolen?
When did you find out the phone was stolen?
If your parents refuse to address this problem, you could seek the help of a trusted teacher or school counselor in how to handle this issue. You may need to call CPS if you can't get any help. 
If your parents refuse to address this problem, you could seek the help of a trusted teacher or school counselor in how to handle this issue. You may... Read More
I'm not sure about whether YOU would have to pay the bills under Texas law (in NY, they would probably be considered "necessaries" for which the patient's spouse is liable), but your wife's estate is responsible for them which, if you are the sole heir of your wife's estate, amounts to the same thing.  Before any property can pass from your wife's estate to her beneficiaries, her creditors have to be paid off the top.... Read More
I'm not sure about whether YOU would have to pay the bills under Texas law (in NY, they would probably be considered "necessaries" for which the... Read More

Can I get my holding deposit back on a APT?

Answered a year ago by attorney Bruce Robins   |   1 Answer
If the landlord had decided to rent the apartment to someone else for more money, would you not have claimed that it had breached the terms of your holding deposit agreement?  WIthout knowing the exact terms of the contract you entered into, it seems as if you paid the landlord a certain amount to "hold" the apartment and not rent to anyone else, and it complied with the agreement.  You have to live up to your end as well.  Otherwise, what is the purpose of the holding deposit?  As far as the fact that the apartment wasn't ready when it was supposed to be, you lost nothing from that since you didn't want to move in anyway, so I don't think it is a basis to renege on the holding agreement. ... Read More
If the landlord had decided to rent the apartment to someone else for more money, would you not have claimed that it had breached the terms of your... Read More
If you can pursuade the police to pursue criminal charges, they will obtain a warrant to compel disclosure of the information.
If you can pursuade the police to pursue criminal charges, they will obtain a warrant to compel disclosure of the information.

Would like to know if I can possibly sue in this case?

Answered a year and 8 months ago by attorney Renea Overstreet   |   1 Answer
You should also file a guardianship case with the probate court in the county where your mother lives. 
You should also file a guardianship case with the probate court in the county where your mother lives. 
You should file a probate in the county where your father died. The court will make sure that your father's things are distributed to his heirs. However, if he had a Will and left everything to his girlfriend, you may have problems getting anything.
You should file a probate in the county where your father died. The court will make sure that your father's things are distributed to his heirs.... Read More
Your husband would need a name change petition filed. The process is farily simple. You can find the forms on www.texaslawhelp.org. You may also contact our office at 817-810-9747 to further discuss how to do a name change.
Your husband would need a name change petition filed. The process is farily simple. You can find the forms on www.texaslawhelp.org. You may also... Read More
You should probably contact CPS and get them involved in any investigation. 
You should probably contact CPS and get them involved in any investigation. 

How do I file a response to a small claim lawsuit?

Answered 2 years and 5 months ago by attorney Renea Overstreet   |   1 Answer
Go to the JP court where the suit was filed. They may have a form you can use to answer. If they do not, you can type or write your answer and file it with the court. 
Go to the JP court where the suit was filed. They may have a form you can use to answer. If they do not, you can type or write your answer and file... Read More

What basic rights do I have on private property in Texas?

Answered 3 years and 3 months ago by attorney Bruce Robins   |   1 Answer
Freedom of speech is a misnomer.  The Constitution doesn't guarantee you free speech, it prevents THE GOVERNMENT from infringing your right to free speech.  That doesn't mean your (private) employer, your school (if it's a private school), your landlord, etc. can't restrict your speech.  If you attend a private school which doesn't accept government funds, it is not required to enroll you, and absolutely has the right to condition your attendance on, for example, not proselytizing, not using profanity, not disparaging the school, etc., on school grounds.  Also, if you are a minor, you have less constitutional rights than an adult to begin with. ... Read More
Freedom of speech is a misnomer.  The Constitution doesn't guarantee you free speech, it prevents THE GOVERNMENT from infringing your right to... Read More

Is it illegal to use maiden name as middle name on DL?

Answered 3 years and 4 months ago by attorney Bruce Robins   |   1 Answer
I'm  not familiar with the law in Texas, and it is possible that it is different than elsewhere, but basically you can call yourself anything you want, as long as you are not doing it for fraudulent purposes, e.g. to hide from creditors or to escape capture as a fugitive.
I'm  not familiar with the law in Texas, and it is possible that it is different than elsewhere, but basically you can call yourself anything... Read More
These are obviously difficult situations. The law supplies some causes of action against the contractor after the fact, but no real safeguards in the prevention. In short, the subcontractor may be able to place a lien on your home. More information is needed pertaining to your exact situation before offering any likelihoods.... Read More
These are obviously difficult situations. The law supplies some causes of action against the contractor after the fact, but no real safeguards in the... Read More

What type of lawyer?

Answered 3 years and 7 months ago by attorney Mr. Robert Neil Newton   |   1 Answer
This could be a question of timing and resources. Let the floods dissipate and then contact an attorney. Your question does not state about which county you are referring, but you should probably contact an attorney in that county.
This could be a question of timing and resources. Let the floods dissipate and then contact an attorney. Your question does not state about which... Read More

What kind of attorney do I need

Answered 3 years and 8 months ago by attorney Mr. Robert Neil Newton   |   1 Answer
It probably would not hurt to consult with an attorney. It would either be a real estate lawyer or a consumer lawyer. I'm not entirely sure which. Best of luck to you!
It probably would not hurt to consult with an attorney. It would either be a real estate lawyer or a consumer lawyer. I'm not entirely sure which.... Read More
If it was approved, then I doubt you must remove it. However, the alternative may be that you have to plant a couple larger trees. Obviously, you should speak with an attorney to get further clarification. 
If it was approved, then I doubt you must remove it. However, the alternative may be that you have to plant a couple larger trees. Obviously,... Read More
No, you have no right to stop your sister, or your ex, from talking to anyone they want to.
No, you have no right to stop your sister, or your ex, from talking to anyone they want to.

Embezzlement

Answered 4 years and a month ago by attorney Bruce Robins   |   1 Answer
I couldn't handle the matter because I live and work in NY, but I just wanted to let you know that, since your mother has Alzheimers, she may not have been competent to grant you a power of attorney.  You may have to bring a guardianship proceeding to get authority to act on her behalf, including to sue your dishonest family member.  I assume that this family member took advantage of your mother's diminished mental acuity.  It will be difficult, although not impossible, for you to argue that your mother lacked capacity to consent to giving this person money, but had the capacity to give you a power of attorney.... Read More
I couldn't handle the matter because I live and work in NY, but I just wanted to let you know that, since your mother has Alzheimers, she may not... Read More

Is there anything I can do about my dentist messing up my tooth?

Answered 4 years and 3 months ago by attorney Bruce Robins   |   1 Answer
If your problems were caused by the dentist's failure to live up to professional standards, you can sue him/her for malpractice.  Your suit would seek all monetary damages caused by the screw up, plus compensation for your pain and suffering.
If your problems were caused by the dentist's failure to live up to professional standards, you can sue him/her for malpractice.  Your suit... Read More

How much would it cost to sue Taco Bell?

Answered 4 years and 5 months ago by attorney Bruce Robins   |   1 Answer
It's hard to tell how much it would cost.  Cases like this are normally handled on a contingency, meaning the client pays no out of pocket legal fees, but only a percentage of what he/she gets in settlement or after judgment.  However, you would still be responsible for paying disbursements (filing fees, court reporter fees, expert witness fees, etc.)  Moreover, your attorney will have little control over costs.  Your attorney can write a letter and the defendant can agree to settle right away.  Or, the defendant (particularly one with deep pockets) can refuse to make any reasonable settlement offer, insist on extensive discovery, make multiple motions, and thereby delay the case and force you to spend money on the types of expenses listed above.  Your lawyer can't control how the defendant responds to your claim. You didn't ask this, but I don't think your girlfriend has much of a case.  The only damages you mention are that she vomited.  You don't claim that she had any medical expenses or had to miss work or any other monetary damages.  I think she'll have a hard time finding an attorney to represent her on a contingency. ... Read More
It's hard to tell how much it would cost.  Cases like this are normally handled on a contingency, meaning the client pays no out of pocket legal... Read More

Can I sue my son in law for breach of contract?

Answered 4 years and 6 months ago by attorney Bruce Robins   |   1 Answer
No.  Or more accurately, you can sue, but you have no claim, particularly for breach of contract (you had no contract with your son in law.)  Your daughter, who is a party to the action, might theoretically be able to sue your son in law for abuse of process, but it doesn't sound as if his actions are sufficiently egregious that there would be any merit to her claim.  If your son in law has really delayed matters, the court can impose monetary sanctions against him.... Read More
No.  Or more accurately, you can sue, but you have no claim, particularly for breach of contract (you had no contract with your son in... Read More