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Found 218 results

  1. 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.
  2. 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?
  3. 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.
  4. 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?
  5. 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?
  6. 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.
  7. I filed for divorce on Jan 27, 2017 and I have been doing everything on my own. I was told I could go to the volunteer lawyers to get my papers reviewed or hire a lawyer just to review my paperwork. I live in East Houston and would appreciate it if someone here can help me find a lawyer to check if everything is in order with my final order and child support paperwork.
  8. 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?
  9. 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?
  10. 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.
  11. Ok so about a year ago i was pulling out of a bar I worked at and this cop pulled up right behind me. She almost immediately turned her lights on. I also noticed there was about 8 pulled over on that same intersection. So I pulled over and she asked for my license and registration and asked if I had been drinking. I told her no. She then told me to get out of the car. I asked her again why she pulled me over and she told me that i had hit a curb. I told her that I did not and asked her "what curb?". She would not answer the question and proceeded to ask me several questions like "where are you headed", "how much have you had to drink" and so on and so forth. She also kept saying "well you smell like alcohol ". And i kept telling her "well im the bartender. If you pull over a chef he would smell like food too". Anyways. I wouldnt answer any questions i just kept repeatedly asking her why she pulled me over and contesting that I hit a curb. She then asked me to perform a field sobriety test in which i told her no and if she had any questions she needed to speak to my attorney. I also said i dont consent to any searches or seizures. She then handcuffed me and took me straight to jaiil. A couple of hours later they got the warrant for my blood and it came back .14 Now i am going to trial for this on the 20th and here is the thing. The dash cam video showed I never hit a curb. (which was the sole reason she stated was why she stopped me). But in the police report she says that my brights were on. But she never stated that in the 10 minutes of us going back and forth. (my brights were not on). Also in my dash cam video and body cam video my attorney says i was not slurring my speech or activating drunk at all. So the ONLY evidence they have against me is my blood. My attorney thinks that he can suppress the blood at pretrail based off the fact that I didnt hit any curb. But my concern is she is going to get up there and lie and say my brights were on too. What do you think my chances are? (sorry for all the random facts i just tried to be as thorough as possible)
  12. Spouse and now ex-husband share ownership of the house per the divorce decree, and I had to sign a prenup relinquishing any and all future interest in the real estate. They divorced in 2013 and she has been living in the house. It is mortgage-free. Her ex-husband is now demanding she buy him out. They both signed a divorce decree stating that they would share ownership, and in the event of one of their deaths the other would gain sole ownership of the house. Is she legally required or bound by law to buy him out?
  13. I have a very urgent issue needing your kind suggestions and help. Here is what happened: Me (H1B visa) and my wife(H4) submitted I-485(EB3) in 11/2015 together. Our priority date is in 09/2013. She got a RFE in 02/2017, asking for evidence showing she had maintained a non-immigrant status between Oct.11, 2014 to Apr. 23 2015. When we look back on this period, we found her H4 visa expired on Oct. 10, 2014 but she continued to stay in US until Apr. 23, 2015, accumulating 195 days. The reason that she chose to continue staying was that she has a H1B petition pending at that time, which is submitted in Apr. 10, 2014 when she was in US. Unfortunately, this H1B application at the end get denied in May 4, 2015 (when she was back in China since April. 23 2014) The reason stated in H1B rejection letter were all about the professional background issues, nothing regarding her status. After studying and consulting, we found one key point should be that her COS (Change of Status) was actually abandoned when she left US in 06/2014. This leaves her with no status after her H4 visa expired on Oct. 11, 2014, even though her H1B petition is still pending. However, we have no idea on the COS abandonment and invalidity at all at that time, until we received the RFE letter. One fact is, in May 18, 2015 (after the overstaying in US), she got her H4 visa renewed successfully in China and entered US in 06/2015 and in 10/2015 the 2nd time without problem. Before we received the RFE, we have never realized her overstay issue and whereby have a chance to correct it with timely response. Looking backwards we were having so many chances to avoid this issue: One chance was when I submitted my H1B extension application in Jun, 2014, I forget to have her H4 status extended together, maybe due to she has a pending H1B petition. Now, we are facing a very hard time and a possibility that her 485 application might get rejected, possibly with a 3-year bar due to her overstay without status. We had a newborn in Oct. 2016. If she got rejected, it will be so hard for the family. May I kindly ask for our kind suggestions on below questions? 1. Considering the overstaying, and that she is admitted twice to US without problems, is my wife “ADMISSIBLE” in Nov. 2015 when she file I-485 petition? 2. Will this overstaying lead a denial of the I-485 application? 3. What is the best way to answer this I485 RFE? Should we explain the reason of the overstaying is due to a pending H1B petition, her H4 should have got extended with my H1B easily in Jun, 2014 but it’s not done due to her H1B petition? 4. Can we pursue a retroactive extension for her H4 visa back to 09/2014? Thank you very much and I sincerely appreciate all your kind suggestions on my situation!!
  14. I work at a world wide logistics company, paid hourly as a package handler. At the turn of this year (2017) I switched stations for a different position package handler + D.O.T. courier, plus $1.16 per hour raise, as my offer letter states, signed by myself and my manager. (which to me is a contract) I never got my raise and brought it to the attention to my manager and HR personnel. The told me they made a mistake and due to that I didn't get my raise they gave me the option to go back to my previous station, in which I did. Do I lawfully get retroactive pay for the hours that they didn't pay me while I was under that "mistaken" contract? Thank you for your advice.
  15. Hi everyone I'm Indian woman married to a Indian guy we live in Texas. we are waiting for our Green card to get approved we have a 3 years old daughter me and my husband are having huge differences and we may consider splitting during few arrangements he mentioned that he will make sure that i may never get to see my daughter again if we split, he at any cost will try to attain full custody since I'm just a regular stayhome-mom, right now i'm financially dependent on him, I worked for software corporate for more than 5 years 2 years in usa.In this case how can I get full custody of my daughter. the only reason i'm still trying to work things out with this person is not to loose my daughter. i'm planning to work again. please provide detail information. Thanks in advance.
  16. My Fiance and I signed a 24 month lease beginning in January. The property is a duplex near downtown Houston, TX. Monthly rent is $1,350. The landlord just informed us that he has decide to sell the house citing his health and that he lost fire insurance on this house. He stated that the wiring has not been updated since the house was built in the 1930's and that the insurance company will not renew his policy unless he replaces the wiring and installs new breaker boxes. (The following is how he stated in an email: He has offered $2,000 for moving expenses and to give back out $1,200 security deposit when we find a new place to live. We have caught him in numerous lies and I'm sure he was trying to sell the house when we signed the lease and continued to look for a buyer after we moved in. We have read the lease agreement and there is no mention of what happens in the event that he would sell the property. There is no mention of what circumstances would allow him to break the lease. Can someone please help us understand our rights as renters in this scenario? Does the lease still stand if the property is sold? Can he or the new owner legally tell us we have to move out? We have been researching online but have been unable to find much information that is relevant to this situation. The majority of information is regarding what happens when a tenant breaks a lease. Also, can he get in trouble for potentially knowing that we moved into a place that is unsafe? I've also noticed there is no fire extinguisher and I'm wondering what else is not up to code on the property. Any advice is greatly appreciated. Thank you so much in advance!
  17. This past August I moved from a duplex I had been renting for 11 months. I was moving 3 hours away and had to leave a month early due to a new job. I gave a 30 day notice but did not pay the last months rent. I expected my deposit to be kept to cover the last months rent and to be sent a bill for any damages or repairs. Before leaving I had all nail holes filled and the living room and hallway painted by one of the leasing companies maintenance guys who happened to be a friend of mine. He also sprayed some stains with Kilz paint to prep for painting but never got to it. He told me it didn't matter anyway because the company charges ALL tenants for painting no matter what. He said he had refused to do the work on other units because it wasn't needed and intended to quit the job because he knew tenants were being cheated. I cleaned the house, vacuumed, mopped, scrubbed the bathrooms, all counters, walls, and fireplace. A friend got the fridge the day after I left and did not clean under it. I did not replace the burner drip pans but did clean the stove and oven. I left some boxes and debris under the patio and in the back yard. Two sets of blinds needed to be replaced. The carpet was new when I moved in but the A/C and French doors leaked and soaked the carpet numerous times!! The carpet was dirty, as beige will be after a year of wear, but had no excessive stains. The ceiling above the toilet in the hall bath leaked every time it rained. Eventually it started falling in and the paint and pieces of drywall crumbling down. I asked for repairs several times and was told several times that they'd fixed it. I took pics inside the house but not out. I fully expected to be charged for clean up and debris removal and have no argument with that. The bill I received is for $918. Most of the charges are reasonable but they are charging me $524 for painting!! When I asked they said the walls were dirty. They are also charging me to paint exterior doors because they were dirty. When I asked for pictures they sent me pictures of the ceiling where it was leaking, the outside of the back door where was the paint was faded from the sun and had a swipe of dirt, and the awning of the carport where the paint was faded. They also included a picture of stain on the carpet to justify carpet cleaning charges. I don't really have a problem with that but I thought regular cleaning was a part of normal wear and tear that a tenant is not responsible for. So...can they charge me for basic carpet cleaning, painting the whole house, and painting outside??
  18. I have read multiple things over this topic, and each always has a different requirement and different details that can change the outcome. I am a single mother, when I was young, a man did something horrible, he has and will never be in the picture, he is not on the birth certificate, and he has never even been to court regarding MY child. Multiple court dates were arranged, my lawyer thought that to be a good idea on our part. In which the man did not show or the law could not find him. My lawyer said that was good for us. I have been told because of these things that my boyfriend, who has been there before she was born, when she was born, and ever since, can adopt her easily. She knows no other father. I would like to do a little more research over this matter before going to my lawyer about it. How does my boyfriend adopt my daughter without us being married? Being that we are not married and not in any hurry for getting married, is it still possible for him to adopt her? We live together and have been together for 8+ years.
  19. I live in Texas and two years ago my wife and I purchased a house. Last year we found out that company we purchased the house from got the house and sold the house illegally. I need to see where to go from here and see if there is a way I can keep my house as we put a lot of work and money into it. The company we purchased the house from doesn't even have any lic. in which to sell any homes as tot he owner of the company has a felony. He also has like 15 different companies he is floating houses back and forth through so it is hard to track who they belong to. Any help in this matter would be helpful.
  20. Was charged this late fee few times but the account statement shows the same being adjusted under multiple different heads and not as late fee. The leasing office will not explain. There are few ladies in the leasing office who would just bully into charging that. Earlier while transferring an apartment was charged the complete $150 deposit as water charges. The leasing company choose not to refund the deposit but instead to charge all of it as water bill dues for the last 15 days. Coincidentally my monthly water bill for that unit and now the second unit I moved to is $10. The amount are not huge its totaling like $400 excess but it just hurts being charged this way. In Dallas, Texas what would be appropriate forum/authority I can request to mediate to get my issue addressed.
  21. Hello, I signed up and financed a few things through a local Best Buy in 2012. At the time my girlfriend and I lived together and had two incomes. After we broke up I kept the house and all the property but was unable to continue making payments on my financed account with Best Buy. They have since sold the debt to a credit collection company. Saturday February 25, 2017 I was served papers that I was being sued for the amount that is owed, plus a lot of interest accrued over time with what is I'm sure a bunch of late payment fees as well. It says I have 14 days to respond to the court house or the next steps will be taken. Being that this is my first time going through anything like this, I was curious the best way to go about it?
  22. I made friends with a woman just last year. She was in bad financial shape and I would help her out with certain things if I could. I bought a new laptop for my daughter, but she wasn't able to put it to use because she lived in a house with no internet access. Since I was making monthly payments on it and it was just sitting in my house unused, I let my friend borrow it because she could really use it. I told her I would let her borrow it until - 1)She was able to purchase one of her own, or 2)She would return it before she moved back to California in June 2017, or 3)My daughter was able to use it and wanted it back. My daughter contacted her last Friday and told her she was coming to her house to get her laptop. The woman told her that I gave her the laptop as a gift and not to come there or she would have her arrested. I went with her to the house and was met with her sister who refused to let us collect the laptop and told us to leave before she called the police. She even threatened to shoot my 5 months pregnant daughter if she did not leave. I tried to talk calmly and sensibly to the sister, and was told that the laptop was in storage and we agreed that I would retrieve it the next day. I tried to get in touch with my "friend" about coming out and getting the laptop and we could be done with it. I received no reply. I contacted her son and asked him to talk to his mom about coming to collect, but he didn't return my message. I did a device search of the computer and it reported that the laptop had been online just 1 hour before and it showed the location on a map. The location was her sister's house. I sent her an email telling her I knew she had the laptop in her possession and had been used that morning, and I included a screenshot of the location finder and the information it gave. I told her again to return my laptop - the time for civility had passed. Still no reply. I wanted to report it as stolen to the sheriff's office, and was told I couldn't because I had willfully loaned it to her. Now I guess my only alternative is to file a civil suit. What I want to know is what are my rights in this situation? Will taking it to court do any good or am I spending more money in court fees on top of the money I am out on the computer?
  23. So we have all heard the horror story: Someone breaks into your house and you shoot him. he lives and though he gets convicted of attempted burglary, he sues you and wins! I think this is wrong. It needs to change! Who do I write to to get this law changed?
  24. My uncle died without a will in Houston. He was very ill and started his will but never finished it. He was being supported financially by my aunt and bought a new car with her money while she was up north visiting us just before he died. He also bought their home before she got to Texas even though they were together so since she wasn't there to sign the papers he put it in his name only. But they jointly paid for the house and then my uncle even refinanced it, but again in his name only. He wasn't malicious just didn't think about the future. So now the problem is he died without a will and he had a daughter from a previous marriage who btw refused to speak to my uncle for over 30 years. (We called to let her know he was dying in hopes of them making amends but all she said was I don't care. Why are you bothering me he's dead to me and has been since I was 16. Now bc of Texas Law, my aunt cannot become his trustee or executor bc the daughter won't sign off on anything and my aunt cannot drive her cars or sell her house. I have called so many attorneys and I've even become good friends with a woman at the courthouse bc I call so much, but they say there is nothing we can do unless this monster signs off. isn't there some way for my aunt to be able to sell her home and cars? She moved home with us as soon as my uncle passed and she's got money just wasting away bc she has no rights. We offered to give the daughter her share and more of everything and she said no $&)&$$. She said if she didn't get a minimum of a million dollars then it wasn't worth it to her and she even told the court when they contacted her that she would not do anything to help and that my aunt could lose everything as far as she's concerned. Oh and that the court should never contact her again either. My uncle had no money left. He had a home in Turkey on the beach but his sister scoffed that up somehow and my aunt only wants to be able to sell her home and cars or even be able to drive them. But the lawyers all said it's not financially worth it to fight it since her total assets she's trying to get wouldn't be over 80k. Isn't there a way to get around this? There has to be a law or something for people who are greedy and vindictive, so that estates can be settled. Even if the state did it. How can a state just allow this? What happens to the house and cars? Do they just rot bc of some dimented trash who didn't get her way at 16, so cut her own father off then and never spoke to him again? She is now 54. So bc of her, my aunt has lost a lot. To many that might not seem like a lot but to my aunt it is. Can't a judge over rule this law bc it's out of greed and spite, not for any good reasons. Could we sue her? I'm sorry for the long novel and TMI but wanted you to have the right info to be able to help us. Any help would be greatly appreciated. I am now my aunts power of attorney bc she truly isn't ok especially after this whole thing with the cars and home. That is why I'm trying so hard to get this done for her. Please tell me anything that could possibly work. I'll try anything. I always knew that if you want justice don't go to the courthouse but this is beyond absurd. I cannot fathom a law like this. It really seems illegal if you think about it. Thank you again in advance.
  25. I owned my own home as a single woman. I took in a boarder. About 11 months later, I sold my home and bought another home, in my name only. Boarder moved into new home as well. We became boyfriend/girlfriend, and lived together for 8 years. He informed me 3 months ago he was leaving, and getting married to another girl. He bought her a wedding ring, proposed, then moved out, and they got a marriage license, wedding planner, minister, and set a wedding date. She also threw out her boyfriend, after informing him she was getting married. My question is: Does my ex-boyfriend have any legal access to my personal property, and real estate? Can said ex-boyfriend even get married, to his fiance', without getting a divorce from me? Is ours a true "Common Law Marriage" in Texas? What can I do to protect my assets from him permanently?