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Found 232 results

  1. Good afternoon! I have a few questions. My fiance was in a horrible motorcycle crash that claimed his life. Before anybody tells me I have no case because we werent married, I am aware of this fact BUT we have a 3 yr old daughter together an I know a case can be filed on her behalf. I have recieved all medical reports an accident reports. In my opinion his helmet was the cause of his death as well as a vehicle that pulled in front of him an just kept going. No discription of the vehicle (thats what I was told by accident investigators) my opinion is that the police dept got lazy. I have done a significant amount of research an I have also been out to the scene numorous amounts of times (its a few blocks from our home) directly in the area of his death there are 2 churches both with at least 3 cameras facing the road in all directions. If I hire an attorney will the videos from those cameras be accessible to my attorney? Also I do know that the helmet will need to be retrieved. Also the helmet has been discontinued since 2014 and was sold to us on 03/25/2017, I have tried to find out why it was discontinued but cannot get any answers. My fiances mother has everything he was wearing the night of the accident an refuses to give me anything. (Although him an I were together for 6 yrs she stepped in an planned funeral an everything behind my back and has refused to give me anything that she retrieved from the medical examiner, she also lives 4 hrs away from us) I guess my question is will an attorney be able to demand her to take the helmet to them or to court or something? I have all the reciepts for the helmet but I know that doesnt matter now that she has it an will not return calls an has now changed her phone number. I just want to know if something can be done to get some kind of justice for my daughter who has now lost her father due to people not paying attention.
  2. I am in process of name change for my minor child. Under Family Code Chapter 45 Section 45.002 it as if child is subject to continuing exclusive jurisdiction of court under Chapter 155. The court did terminate the parent-child relationship between his father and him. Does this make him the subject to continuing exclusive jurisdiction?
  3. Hello everyone, am I stupid to trust a neighbor and do a good neighbor should do? My neighbor is a realtor, he knows the business and think can beat me up easily in court. I have some concern which bothers me, please just feel free to give me your opinions, all of them are precious for me and I'm deeply appreciated. The story: Me and my neighbor have a joint fence. He sent msg in March regarding replace the fence. Through him, the about 85 ft long, 6 ft tall fence would cost $4500. We paid him $2250 for building it. It's an overcharged price and less feature provided by most fence company(I know I'm being idiot and agreed to it), I was just being a good neighbor with trust. Unfortunately, the work was not done correctly. 1. 'Bait and switch’ Action. He used a less quality metal post for the joint fence instead of the ones we agreed on and paid for (he only put up the higher quality ones for his own side fences). 2. We doubt these 2-3/8x8' posts were buried 2 feet deep, which means the shallowness will lead the post to a even weak support. 3. He also switched the post position without notice us. The posts originally face his yard and we had the pretty side. The Pre-made fence panels are board-on-board cider wood, and the post was set 8'ft apart, (compare most fence company put posts 5' or 6'ft apart, 3'ft deep), the installation was not relatively strong already. As the posts are also the most important part of a fence,a thicker gauge and deeply buried post provides the stability and longer life and less labor costs over the life of a fence. After realized the bait and switch action, we tried to communicate with him anyway,his arrogance finally made us decide to suit him. But my concerns are: 1. I never have real invoice receipts for the joint fence cost(at that time, he required I pay first before purchasing). What I have is the receipt copy he purchased for his own side fence and a sheet with materials cost (for example: post $20x12, labor fee $1000 ...things like that)So I agreed and paid base on these items and issue check with note "get joint fence done" to my neighbor.Is it the receipt he showed me considered as the agreement? 2. Should I put the contractor's name as co_defendant? The contractor (just 1 person) sounds like a hardworking man (I don't really want to involve innocent person in). He works for my realtor neighbor years and just did what the neighbor told him. I also never sign anything with him, I only give check to my neighbor. Anyway, he never shows up to my house to clean the mess after I confront my neighbor. 3. How do I prove the damage or compensation? It's a not good fence, one of the most part- fence posts are not the one I paid for... everyone knows, it won't last as long as I expect for, but how to persuade the judge with evidence about the damage? After all it just built less than 1 month can't see any bad damage. Please, please feel free to give me your opinions. Thank you very much and hope everyone have a good neighbor💪🏻
  4. My friend who is an OTR truck driver wants to separate from wife who is an illegal alien. She was deported from the US before he married her and after they married he has tried to hire lawyers to see if he can get her legalized. She refuses to get legalized and after years of being together they are now an estranged married couple. He is away from home because of his job but is and has always been the sole support of his family. Now she accuses him of being unfaithful and is threatening to move to Mexico so he can never see their kids. What are his rights as the only parent with an income in the household? He wants to keep supporting his children and wants visitation rights too? Does he have to keep supporting her too if they separate? Can she legally run away with their kids to Mexico?
  5. We are in the beginning stages of building a custom home. However, the land is in my dad's name and the plan is to gift it to me. Obviously, I want to do this with the best interest of my parents when it comes to tax liabilities. Advice on the best way to go about this? Since I believe the amount affects certain aspects, the value of the land is about 200K-215K. Would a real estate attorney be able to help us with this? Or a tax attorney? Hoping we can hire just one attorney. Where to start? Thank you!
  6. Hi I was wondering how does it work to transfer a title? At the moment I am paying for a vehicle from a man (no dealership or anything) and once I am done we're supposed to look for where do we go to put the title under my name, the registration is still current through till October so do I need to change that too? Would it be at a local tax office or the courthouse? We have no clue. Need to know because they said at the tax office it is not required to have a valid license, and I know at the court house you do. My license is expired and suspended, but I need it for work. Thanks for the help.
  7. I accidently hit someone and need advice. It was almost 9:00 PM. I was driving into a parking lot it was dark and he was wearing dark clothes. I did not see him and accidently hit him. I asked him if he was alright. He said yes. He started walking away from me. I asked him two more times as he walked away from me and he said yes. He did not appear to have any injuries as he walked away. I left and when I drove back a few minutes later to look for him he was gone. The next day I find out he is 16 yrs old and his mom his posting on facebook that they are looking for me as a hit and run that I did not stop to render aid. He went back to the scene and called the police and ambulance. I have witnesses that will testify that he was not paying attention and that saw me talking to him. Am I going to be held for hit and run?
  8. I quit my previous job two months ago for reasons of intimidation and harassment in the work place. I blocked all communication with the owner of the company, as she is very aggressive and vengeful. Via former coworkers, who have experienced the same volatile situations as I, she has relayed that she was going to sue me and whom ever hires me. She was going to contact my spouses workplace and let them know that we are pervert child molesters. Very over the top claims. She also stated that I had vandalized the office upon leaving (2 months ago), was hacking her bank payroll software and had damaged computers. All false claims. She recently found out who I worked for and had her husband and other employees call me and my work in hopes of her getting ahold of me to threaten me. Now you can see why I blocked her from all communications. This week she filed a police report with the Irving Police Department claiming I had vandalized her office and stolen checks/paperwork. None of these statements are true. I have been contacted by the Detective who wants me to come in for a statement. I worked for her for 1.5 years and have seen her use this type of intimidation on landlords, vendors and customers. She is seeking to get revenge because I quit. Should I answer any of the Detective's statements or retain a lawyer?
  9. went in to Pep Boys for an alingment and mechanic hit a yellow pole in my car . I gave them three estimates and pep boys cut a check for no where near the amount of none of estimates. What to do
  10. Can a credit union, bank or other financial institution charge a overdraft fee for a ATM or one-time debit card transaction if the requested amount is in excess of available balance of the account even when the transaction request is declined? In other words, if a person has $89 in their account and goes to an ATM where request the amount $100 to be dispersed, could the bank decline the request and charge the account an overdraft fee since the account holder requested an amount in excess of their available balance?
  11. So when does a guess in your residence turn into a tenant? I have heard of numerous times where a home owner who offers to help someone with a place to stay for a few days often find that they made a very costly mistake since even if the people leave for days they have the right to re-enter the home owners property with or without the homeowner's permission. I was wondering how the Police could order a homeowner to allow a person with no legal relationship to the homeowner; without a written agreement that the homeowner rented the indvidual(s) the use of the homeowners property for his guest quiet use and enjoyment. Since a rental agreement involves real estate then it seems like all real estate transactions must be in writing to be enforceable. If you let a friend store some stuff in your storage building does that mean they can move in cause if it is I am in trouble.
  12. The realtor company that manages the property where I live mailed me a notice to vacate in one day. The charges that are on my account are for 2dfferent things, one for the cost of repairs where the bathroom ceiling had mildewed. The other for shrubs, trees, and cutting part of the lawn near the encroached alley. The city where I reside has something similar to a homeowners association where they have certain regulations on how to maintain the yard and areas near the alley. The creator company told me that the owner would pay the charges for the work done to the trees and that I could cut the grass. Because I haven't paid these fees as I don't feel I'm responsible the landlord took it out of my monies that I paid for Mays rent and now has sent a notice to vacate within 1 day indicating that I haven't paid rent. Should I move out now? Also should I file small claims court for the charges for the yard work and mildew repairs and late fees that have incurred since she claim she took it out of the money I paid?
  13. We need help establishing where one of us falls in the line of succession in Texas. My brother died intestate. He is survived by our mother, myself, and my biological daughter who was adopted by my mother, so she is biologically my brother's niece but is legally my mother's other daughter. According to Texas law, my brother's assets will go half to my mother and one-quarter to my "sister" and I. I challenge her right to call herself my brother's sister.
  14. My fiance passed away in a motocycle... My fiance passed away in a motocycle crash recently. We were together an living together for the last 5 1/2 years. I was appointed power of attorney a few yrs back but we never renewed it. He also received disablity and on his disability paperwork they were informed that i was his fiance an that iwas able to handle an of his paperwork an speak to me about his case. He was legally married to someone else but had been separated since 2010 we had filed for his divorce 3 times since 2011, in 2 different courts an the wife wouldnt sign the papers an just kept giving us the run around. When he passed away she an his mother stepped in behind my back an planned a funeral an took all his belongings that he had on him. The wife is now saying shes getting an attorney to get anything that belonged to him away from me (they are very evil people) in his possesion he had a phone an his wallet and a few other things. The phone was in my name and i still have all the reciepts to that as well. Me an him were planning to get married as soon as their divorce was final an as a matter of fact the divorce was almost completed this time. She filed in february of this year an he had signed an sent in the waiver of citation already as well. They were just waiting on a court date. I guess my question is do i need to contact an attorney to get his possesions back and to make sure she doesnt get any of his belongings? The motorcycle he had was in his name but i have credit card statements where it was paid for half on my bank account and half on his but it was registered to him. Im not sure what to do to protect what he an i worked so hard for. Please help me here or at least point me in the right direction to the right type of lawyer. We live in Texas. Im just really afraid that she will be able to come in an take everything from myself an his daughter.
  15. my apartment complex filed an eviction on me, when i went to court they did not show up. therefore the judge dismissed my case. the judge also told me that i can stay in my apartment another 30 days until they file another eviction. this morning, i was told by the property manager that she will have a constable come and remove me from the apartment complex within 24 hours. Can they have the constable remove me within 24 hours without filing for another eviction?
  16. My neighbor sent a msg wants to replace the fence. We have a sharing fence though survey plat indicates the sharing fence post is at his property because their house has been there before we move in. Good fences are supposed to make good neighbors. So we did good neighbor do and decided to share the cost. Through the neighbor , the 85 ft long, 6 ft tall fence will cost $4200. He brought the printout receipt and a agreement list, we paid him $2100with trust. (* I never receive the exactly invoice for the sharing fence from XXX, the receipt he showed me is the same materials he promise he will purchase) My question is: 1. Can he switch the fence poles from how it was originally installed facing his yard to our yard without notify us? 2. I realize that my neighbor used less quality metal post for the sharing fence instead of the one we agreed to pay which shown on receipt he presented ( he only put up the high quality one at his own fence side). Is it legal? 3.How to get HOA step in before go to court? Thank you for all your reply and help.
  17. My fiance passed away in a motocycle... My fiance passed away in a motocycle crash recently. We were together an living together for the last 5 1/2 years. I was appointed power of attorney a few yrs back but we never renewed it. He also received disablity and on his disability paperwork they were informed that i was his fiance an that iwas able to handle an of his paperwork an speak to me about his case. He was legally married to someone else but had been separated since 2010 we had filed for his divorce 3 times since 2011, in 2 different courts an the wife wouldnt sign the papers an just kept giving us the run around. When he passed away she an his mother stepped in behind my back an planned a funeral an took all his belongings that he had on him. The wife is now saying shes getting an attorney to get anything that belonged to him away from me (they are very evil people) in his possesion he had a phone an his wallet and a few other things. The phone was in my name and i still have all the reciepts to that as well. Me an him were planning to get married as soon as their divorce was final an as a matter of fact the divorce was almost completed this time. She filed in february of this year an he had signed an sent in the waiver of citation already as well. They were just waiting on a court date. I guess my question is do i need to contact an attorney to get his possesions back and to make sure she doesnt get any of his belongings? The motorcycle he had was in his name but i have credit card statements where it was paid for half on my bank account and half on his but it was registered to him. Im not sure what to do to protect what he an i worked so hard for. Please help me here or at least point me in the right direction to the right type of lawyer. We live in Texas. Im just really afraid that she will be able to come in an take everything from myself an our daughter. Also nlw that i have a few answers on that I want to know since the "legal" wife took all the property he had on him in the accident, can I file theft of property charges on her since the cell phone is in my name an was charged on my credit card? She also sent me messages saying she was going to give it back an now will not answer my calls or texts?
  18. My daughter is 18 years old and this school year has been a very hard year for me and my 3 daughters! I became very ill and unfortunately lost my job which then lead to us losing are house! My younger 2 went to school everyday no matter what but my older daughter having the heart she does missed some days of school because I was very ill and since we were staying in are car I couldn't drive Because I was constantly vomiting! The school never said anything to her about being absent nor did they do any type of punishment! Now we got a notice to go to Court because of her absences. Her grades are great and she has never been in trouble! Is there anything I can do for her and what right does she have?
  19. My rental agreement stipulates that a 60 day notice must be given if I decide not to renew my lease and vacate my apartment unit. However, Texas Property Code 94.055 states that a tenant must give a 30 day notice if they choose not to renew. Am I obligated to abide by the 60 day notice that's stated in my current lease or does this property code negate that?
  20. I was in car wreck on March 3,2017 a vehicle ran into the back of me we where on a one lane rode the police was called but we didn't make a report just exchanged insurance info.Well the person who was at fault has fabricated her story stating we where in a two lane and I switched lanes on her and she couldn't help but to hit me.Her insurance company has been avoiding me, and when I finally talked to someone they say its nothing they can do because there insurer said she couldn't avoiding hitting me. The only reason I didn't do a report is because she stated that she had already had 3 wrecks that year. I am a student and a single mother of two. I really need some type of legal advice I injury my right shoulder and lower back and haven't been able to get the proper medical treatment I have been in a lot of pain and been suffering.
  21. Long story short, my fiancé has been going through an almost 4 year divorce, he has been through 2 lawyers, the 2nd of which is no longer representing him. They went to the final hearing in October, both parties agreed and the divorce was granted by the Judge. However, our lawyer had to make revisions to the decree before it was filed, names were spelled wrong and the child support amount was wrong. Fast forward to Feb/March, our lawyer never filed the decree, and communication has been next to non-existent. We have repeatedly asked for the revised decree, asked when she would file, and could never get a straight answer or no reply at all. My fiancé finally called out his lawyer and told her that it was unethical to hold a decree for ransom because his bill was not paid off. She stated face to face at the final hearing, that she would not hold the decree as long as we continued to make payments, and we did. When he told her it was unethical, she became very ugly, and told him to come get his file, and she would be withdrawing herself from the case. He has picked up his file from her, but she has YET to withdraw herself from the case. We are stuck between a rock and a hard place, because his ex, is just about as uncooperative as she can get, and her lawyer, is just about as worthless as ours was. Neither of the other party has attempted to file this decree, and my fiancé and I would like to plan our wedding, but we can’t. We are still being forced to carry his ex on his insurance because she refuses to get her own; she likes to live off others. And has threatened to take us to court if we drop her. Some of her belongings are still in his house, since she left, almost 4 years ago. We have repeatedly asked her to come get her things, only to be blown up on by his ex, because she feels like she is entitled to leave her stuff there. Someone, please help us. Can we do anything to file the decree, can we drop her off his insurance, and can we get rid of her belongings?
  22. Ok so me and my family entered into a lease agreement for a house. The lease is supposed to term end of May. We were supposed to move in June 1,st 2016 but since it did not land on a weekend the landlord allowed us to move in May 27th, 2016, which means she had to revise the lease agreement. So the revised lease shows we moved in May 27th, 2016 BUT she left the end date blank. She verbally told us it would term at the END of May. Since we signed the new lease and sent it to her for her to sign she never gave us a signed revised copy. I requested it several times and still nothing. She sent us the Non-Renewal letter saying "Please take notice that the lease under which you hold possession of the above described property will terminate pursuant to its own terms on May 26, 2017 and will not be renewed"....which is fine because we did not want to renew. Again I requested a copy of our original lease and she has not responded. I am planning on sending her our letter through certified mail for Non-Renewal as well just in case. I have almost all communication in emails as well. She is actually family so I also emailed her letting her know that we understood she gave us until end of May to move out. I mean we are paying for the full month. I just want as little stress as possible with this move.
  23. Hi Does Workers Comp covers the employee from his home to the business, and in lunch hour? Example 1 The employee gets in at work at 8 am, is he cover from home to work either in car or walking? Example 2 Is he covered in Lunch Hour? Let's say he drives to a Macdonald and then comes back to work, was he covered under WC?
  24. What happens if an employee 1.-Gets hurt in business hours, so he is eligible to get coverage under the workers compensation policy from the business, 2.-But the employee doesn't want to use it? 3.-Is the employer still liable for not able to apply the coverage? 4.-And does the employee planing to sue later, could it be a possibility? 5.-Can the employees Wife sue the business?
  25. hello, I have been getting calls from the civil processing department of recovering systems and I was wondering if anyone knows if they are real? Because they have tried to contact me before but I keep losing contact they are telling me this time since I haven't responded to them that they will serve me a court date & send it to my mailbox. I googled them & people have responded that IF indeed they are, that they shouldn't have said anything about that... let alone make harassing calls. Has anyone heard of them? by the way this loan is real I have gotten it in 2015 but I have lost my Job.. so i kind of don't blame them for calling... but I'm afraid if I should be ready for that letter or is it hoax?? please let me know. they wouldn't even work with me to pay this off.. problem is they want it NOW.