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  1. Texas civil case. Me plaintiff pro se. Defendant claims pro se but does have an attorney behind the scene. Defendant answered complaint and discovery very quickly. Defendant gave her address in response to plaintiff's discovery. Last certified to defendant was returned unclaimed. Defedant is home but merely not accepting certs. The rule book only addresses the plaintiff abandoning the suit - nothing about the defendant. Questions: Is plaintiff responsible for finding alternative addresses to serve defendant? Does the defendant have to inform plaintiff she is out of town (if that is the case) and not able to receive mail? What recourse does plaintiff have if the defendant does not accept certified mailings from plaintiff? possible; Plaintiff's Motion For Judicial Notice Of Defendants Refusal To Accept Filings Is this some old procedural trick where the defendant drives up the cost of litigation? Any help or thoughts on this is appreciated. I hope this is posted in the right place. I
  2. We filed chapter 7 a few years ago. Last year a creditor attempted to sue us in state court. We retained a lawyer, paying them the retainer fee and an additional $500. To make a long story short, the judge said the creditor violated our discharge orders and he ordered them to pay us for lost wages and our reasonable attorney fees. He threw out some of the charges: one of the attorney's fees were too high for his experience level, some of the fees were estimates, and he threw out a portion of fees claiming they were "lumped". I have two questions: should we be liable for the fees the judge deemed not reasonable? Does the lawyer have a right to withhold what we paid to him? We were told by the firm that we would be refunded if we "won" and recovered the attorney fees. Our attorney's office are NOT good communicators. They rarely answer our emails, and when they do, they are very vague answers. Help...I need to know what our rights are here.
  3. A company like mine contacted me about coming to work for them. I accepted and shut down my business I had for 20 years including selling my equipment and notifying employees and frequent customers and terminating lease. After I had done these things I was notified by the company that I would only be needed for 2 months. If I had known I would NOT have accepted employment and shut down my business. What amount of damages can I claim ?
  4. Today was my child support and medical review for my daughter. As the review went on the case worker on our case was admit about modifying the primary carrier of the medical insurance. I have carried the insurance for 14 years now and because the ex-wife insurance was cheaper the case worker wanted to do a modification to where the ex-wife carries it and i pay her $25 a month on top of the child support. My insurance is better but i pay more a month which is fine and get the better ratings as far as co-pays and deductibles. My question is can the case worker make the modifications without our consent, neither one of us agreed to the change but yet the change was made anyways. I have not signed any paperwork because there serving me in couple weeks and I don't live in Texas anymore so it was done by phone.
  5. does a landlord have to have any kind of insurance on a building? we had a fire at our restaurant and found out the landlord had no insurance on the building. we had insurance on our equipment only and he asked us to in on fixing it back up.
  6. After being widowed in 2003, I became the independent executor of my husbands estate and was also listed as an heir along with his daughter from a previous marriage. The daughter and I are listed to get half of his estate which was only to be oil and property. The will listed for me to pay off his remaining debt and to distribute personal items as I see fit. This come to my first problem, when he passed his brother, sister and ex wife came in my home and took our belongings before I was appointed the independent executor. The brother took items that he didn't want the ex wife to get her hands on items that his mother left to him and items that he suggested that I didn't need to store in a storage building since I was going to have to move from our home back to my mothers home. The ex wife took items that she thought she could get away with thru his sister. Since the sister and the ex wife still got along and had become quite good friends over the years this wasn't hard to do. While planing for his funeral and finding something to wear the sister and brother removed large items from my home. The amount of items removed were enough to take up the space of a two car garage at the brothers home. The brother reassured me that I would get my items back but he would like to keep the items from which his mother had given to him. I was okay with this and we remained friends for just about ten years after his death. We were not just friends in my eyes we had become family, as they invited me to all family gatherings such as Christmas, their daughters wedding, graduations, births, etc. along with normal everyday life things that a family does. As the years went on I paid off the debt left for me to pay and in the process of this found that some of the debt had belonged to my husband and his previous wife including Unpaid IRS taxes and the balance of a home loan at which the ex wife was living at. The IRS tried to place a levy on the loans collateral as it was the oil property. My husband made an agreement with the bank that his oil income go directly to the bank and if need be he would pay the balance of this loan each month if the oil check did not cover the monthly payment. There is a letter to the oil company and the bank from my husband for this to happen. After his passing the bank vp called me to notify me that I needed to make a payment and would like for me to come to the bank to meet with him over this issue. So I did, we went over what was going on with probate and if I had an attorney and all the legal stuff. He then told me that the IRS was trying to put a levy on the oil due to back taxes. The banker let me know this could not happen because he had this loan secured and it was mortgage intitled with a homestead exemption. All of this was very scary at the time due to not ever having to deal with any of these issues before. I had been working for my uncles company for 3 years at the time and knew the CPA for these years so when all of this came about with the IRS I went to him for ideas on what I should do. He talked with IRS and worked out that after paying the note off at the bank I would alow for the IRS to take the oil income until the back taxes plus penalties and interest were paid in full. So I worked out two problems that I had not a thing to do with other than to make the payments. When the note at the bank was paid off the banker sent me a release of lien he also sent one to the ex wife. The ex wife then sold the house and went on with her life with another person. Eventually after many years of working 3 and 4 jobs at one time I got the bank and the IRS paid off and was able to make payments to another creditor that had a lien on the oil property for 4 other loans my husband took out over the time we were married to pay his ex wife for back child support and a partial payment to the IRS for their taxes. All in this time I was being paid from my employers and they were taking out taxes for my wages. At the end of each year I was supposed to get a tax return for the tax taken from my payroll. At the end of each year the IRS kept my income tax return as payment to the back taxes that belonged to my husband and his ex wife from the years they were married. Not only was my return garnished but I also had to include on my yearly tax statement the oil income that was going to the bank and when the bank was paid the IRS took for back taxes. So all the money I made went to paying bills from a previous marriage. When all was said and done the bills had been paid, which kept the IRS from taking the oil and oil property that was to be split between my husbands daughter and myself when the estate was closed or when all the bills were paid in full, I was paying myself back with the oil income as I was told to do from my attorney and my CPA. The daughter and ex wife got an attorney to stop the payments from the oil company to me as the independent executor and stated making accusations to me embezzling funds from the estate. They have jumped thru hoops trying to get me removed as the independent executor 3 times, and on the third try the judge granted the removal but did not explain why and to what was to happen to the estate or who would become the executor. I submitted as per their attorney all the years of receipts of payments IRS garnishments and all income and payments made by my personal funds for the estate. So their attorney and mine knew that I was owed funds and that in the process of this 4 year lawsuit the IRS had not been paid and the property tax did not get paid and was all against my name and my credit. Since all of this has happened, I lost my job of ten years the IRS is trying to levy my home the daughters attorney is trying to take what ever else I have which is nothing and I did all of this work and paid all of these bills and am now at a loss due to my attorney quitting on me due to the fact that he is afraid of her attorney for some reason. I asked him in the beginning of the process if this was something he wanted to handle and he said he was interested and would have it done within a few months. I am now at 4 years later and nothing has been done for me except putting me in four more years of debt. What kind of attorney does this kind of stuff. On another note, the ex wife and daughter rent the building they work out of which is beside their attorney from their attorney. My husbands sister also worked for this attorney for several years. What do I need to do, I am lost!!
  7. What would be the likely outcome IN TEXAS if a Good Samaritan sees an animal in a vehicle in hot weather in danger of dying if the GS breaks the car's windows to rescue the animal? This provided that the GS has contacted authorities who are not responding in a timely manner and made an effort to find the owner of the car.
  8. We recently had a large hailstorm in Texas where I live and our car was dinged quite a bit. We are still paying on the car and it is insured. When we turned in the claim we decided to have the insurance company just send the payment for damages (it was 2300) to the car loan company to pay ahead and we would deal with the dents on our own. That went fine. Last week we decided to trade the car for a truck with the dealership where we originally purchased the car. They decided they would do the deal, but it hasn't been completed yet (they seem to be a little scattered in the finance department). We left our car with the dealership and they are letting us drive the truck (their idea). So-here is where it really gets strange: today in the mail we received the original title to the car signed off by the car loan company! We still owe a few thousand on it! Apparently, someone at the car loan company decided the car was totaled (not at all) and mistakenly sent the title for salvage to our car insurance provided, who then sent the original (yes) title to us. If we sign the back of this title and process it through the DMV, do we actually own the car? No paper work has been signed with the dealership yet! They were supposed to pay the car off as part of our deal and trade in. My husband and I are both stumped.
  9. What does being "underwater" on your home loan mean? Are there other options available if a lender denies refinancing?
  10. I'm accused of sexual harassment by 2 female employees on which I had previous consensual relation and now they're claiming I'm a harasser; I have photo and text messages evidence of previous consensual relation. Agency removed me from my regular functions having me to do other non-clinical duties , but since then I've been subject to work hostile environment and supervisor asked for letters of resignation for me and other peer mate. Supervisor allegedly say have photo evidence of me and another peer taking a beer at lunch time; Supervisor states the photo was taken by a client consuming at the place but I have a witness that states “The photographer walked in and start taking photo”. As soon we got back to work our supervisor asked us take ETHO test at labs clinic at our employer facility, We both accepted to do labs in lieu of supervisor petition, on next day results went positive , but not at intoxicated levels ; I still believe the labs were tainted and manipulated by employer personnel. I challenged my supervisor by showing the allegedly photo evidence but he states "I'm not going to show it to you, this will go to the review discipline board, just accept that you were drinking at lunch time, and I replied , I can't admit something that you said that you have evidence , but you are not showing it to, then he accused me that "You know it was you at the photo" My supervisor keep saying my work is not been satisfactory although having a recent satisfactory year evaluation. Asked both of us for letter of resignation. We are looking for executive discipline review board to expose our case but our supervisor state "If you go through this process, you are on risk of losing your case and we can report grievances to, so I won’t be able to work in my profession again and they can report this to our respective state board and we face the possibility of having our licenses revoked". We personally believe that our supervisor is not acting in good faith and abusing his power since we are on probation period. Everybody at the clinic knows what’s going on and we started to be become the “fest of entertaining” pure gossiping and we think that’s the major reason that our supervisor is asking for our letter of resignations without being subject of disciplinary review without further retaliation and threating our professional careers on both public and private sector.
  11. I was arrested for felony criminal mischief charges for damages to a vehicle based on the vehicles owner "believes" I did it. My attorney filed for discovery and found that there are no witnesses, a set of dually tracks in the grass leading up to damaged vehicle, and it happened between the hours of 2:30am & 8:30am.- basically no evidence. Nobody has filed a claim on my insurance, NOR have I talked to the police to give a statement. So here we are over 2 years later...her insurance fixed her vehicle and they are sending me a notice of collection for $4600. I have contacted Travelers insurance asking them how they determined that I was responsible for this debt, and they couldn't tell me. Finally the investigator for Travelers stated I needed to contact Denton County Sheriffs office. All information was provided to Travelers by them. My case has been set for jury trial multiple times. The DA keeps resetting it because they don't want to go to trial. They want me to plea it out. There last offer was to dismiss the charges with the stipulation that I pay her deductible of $500. My concern is if I agree to this offer, then I can be held liable for the remainder of the damages personally or this will give them the ability to file a claim on my insurance????? I feel like paying the deductible is an admission of guilt??? Is this the case????
  12. (Texas) In the section where you list defendants - and you have to "list all tenants who are still on the premises"(those are the typed instructions on the form to put under Defendant) --- what is the wording to use after you put the person(s) on the lease, to include people like their daughter and her husband who they now have living there, whose names you do not kno? 1) X, and any and all tenants who are still residing on the premises? just like the form has typed in as instructions? Or is there some other language?
  13. My workplace injury was May 18, 2011. Been using Ombudsman. I have contested case hearing June 24th, 2014. Any attorneys willing to discuss my case with me to see if they can swoop in and help me. I can email you specifics (I was a paralegal, so I have all the facts down easy to review).
  14. If you rented a home to a person/family, and they let other people move into the home, whose names you do not know, can your eviction notice be addressed to the person who rented from you, "and any and all other inhabitants currently residing in home who are not on the tenant contract" or something like that?
  15. Can the 3 day eviction notice be given to an adult child who you want to vacate the home of his elder mother -- with the cause typed in as elder abuse, instead of nonpayment of rent, as he refuses to pay rent and no tenant contract exists.
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