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Found 219 results

  1. What are the legalities of law enforcement coming into a hotel room that had Been occupied by us for over a week, with no complaints or claims stating we had traffic or loud noise or anything at all but based on a anonymous phone call claiming we were selling young girls. Proceeding to search in areas humans don't fit such as suitcases closets and such even going through a bag that was locked with a comination lock. Is this legal? They also took a large Santa muerta statue that was used to preform our religious rituals to and for wich we pay hommage to on a daily basis. They're holding my boyfriend in El Paso County on a possession charge and when appearing in front of the judge for his bond reduction he was told that they refuse due to a federal Marshal hold. Is anything after the initial search valid?
  2. 3 weeks ago i was trespassing on private property. The owner confronted me at gunpoint. While unarmed with my hands in the air, the owner shot me in the face from 2 feet away with a .40 caliber pistol. The owner stood over me as i was bleeding to death and after 5 minutes made the first phone call to a friend. Then a few minutes later called authorities. The bullet entered my nose , striking my skull where it changed direction and exited behind my ear, shattering my cheekbone, jaw, and eardrum before doing so. This person clearly intended for me to die. Can i sue this person for damages? I will always have physical problems from the shooting as the right side of my face has severe nerve damage. I have hearing loss, vision impairment and am unable to close my eye fully, my speech is impaired from the tracheotomy, and am unable to move the right side of my face.
  3. I get a lot of traffic tickets. Speeding mostly. I've taken a lot of Defensive Driving courses. Two more classes and I'll have my Defensive Driving Doctorate. Anyway, of course I get a ton of postcards in the mail from defensive driving schools AFTER i make the request to the court for defensive driving. Like THIS ONE...my new favorite.. I just noticed, NOW i get postcards from attorneys IMMEDIATELY after i get the ticket, but BEFORE I make the request for defensive driving. Whats up with these attorneys? If I were to use one of them, I'd just pay to request defensive driving for me? I don't really get this at all...Don't get me wrong...I like the idea of just giving an attorney 50 bucks and letting him/her handle the paperwork. I don't like going to court, and paperwork gives me a headache. I've always actually GONE IN to the court to fill out my paperwork, I just can't imagine someone going to school for 7 years, becoming an attorney and driving from municipal court to municipal court requesting defensive driving. Texas is a big State...If i get a ticket in Dallas, but live in Houston, do I need to contact a Dallas Ticket Attorney to handle it? What is the benefit to me- of hiring an attorney who offers this service? And what is the benefit to the attorney? I guess it would work if the attorney had a bunch of clerks who filed the requests to the court, then kept in touch with the client. Is that how they do it? Also..This happened... Luckily the construction guys got me out before the cops got there.
  4. My son was rear-ended, no injuries, at a stop light on June 6, 2019. They called the police, insurance information was exchanged and the other driver, she, was issued a ticket. My son called her insurance company and was told they didn't have a policy with that number. They have only wanted to give him 1/3 of what the truck is worth, he declined. They don't want to pay for a rental pick up and as of today they still have not settled this. What other options does he have besides a lawyer. Are they legally obligated to pay for the rental $100 a day for a pick up, a fair price for his pick up truck and if so how can we make them. Thanks
  5. Here is the situation. I worked for a company based in Texas for over 39 yrs. The company is privately owned and based out of New York. I recently retired with benefits of Pre-65 medical Retiree life insurance Medicare supplement account . I am currently 60 yrs. old 4 months into retirement the company is no longer going to offer these benefits as of Dec. 31,2019. This will leave me with no medical insurance, nor the other 2. Is this legal or being a privately owned company they can do what they want? Do I have any grounds on this matter.
  6. I actually have a couple of questions, first my mom was the executor of my dad's will and for some reason I don't believe she put everything into probate like she should have. I have been living in a house that my dad bought and had been paying the mortgage, until about a year ago, the house went to a foreclosure auction in June and was sold. The insurance company for the house sent a refund check in my dads name and the bank won't cash it . They told my mom she needed to open an Estate account and she would need an EIN before they would cash it. Now my questions are shouldn't that house actually have been placed in the probate? Is the bank correct in having her open an account and obtaining an EIN? I am also curious why that wasn't done when my dad died and she, with an attorney, filed whatever paperwork they had to file for probate and showing she is the executor of the will? I am not sure what items should have been placed in the probate, but I asked her a couple of times if the house I am living in was in the probate or not and got two different answers. One time she told me it was and one time she said it wasn't. I was intentionally kept out of the loop for the probate and the reading of the will so I have no idea what was in either document. I never pressed the issue, and since I had been making the house payments, the money from that insurance refund check in my dad's name should be mine because the judge already signed off on the probate is what I understand? I really don't know anything about this area of law so any help or advice, suggestions, a link to Law for Dummies or any other links that will help explain the process and why it has to be so complicated to die, or complicated for the family?
  7. Hello, I purchased a used vehicle from a dealer yesterday, then found out last night that the odometer has been rolled back by at least 120,000 miles. It is a 2005 Subaru Impreza. I have asked the dealer if I can return the car and get my money back and I'm awaiting their response. If they refuse, what are my options? Will I have to sue them to get my money back?
  8. Hello all, I’m back with another question 🙂. I have lived in my apartment for over 3 years but planning to move when my lease is up. A few months ago I went to open my over the range microwave and the handle snapped off. I opened it like I always do and it looked as if it had been repaired before. I reported it to maintenance who said he thought they had replacements and would be back. About a month later, I ran into him on the property and he said that the part had to be ordered and he would replace when it came in. In the meantime, I also broke the fan cover trying to open the microwave door. I saw the maintenance guy again and he said he was still waiting on the part. I told him about also breaking the fan cover and he assured me they had extra parts in the shop and he would fix when the other part came in. It’s been about 3 months since I first reported it and I’ve begun to suspect that they are waiting out my lease to charge damages. The handle didn’t break because of malice or misuse and would have broken regardless of who had opened it. The fan cover is my fault but wouldn’t have happened if they’d repaired the microwave in a timely manner. The microwave is a 2003 model and the cost of both parts is $230 or the whole thing can be replaced for $189 at Best Buy. What would reasonably be considered wear and tear or damages in this case?
  9. March 2019 I signed a lease at an apartment complex. I have paid my rent every month plus any late fees. This month I've had some unexpected hardships that I was not prepared for. I'm a single mom of a 2yr old and one on the way so things this year have been tight. To make matters worse I was placed on light duty and bed rest by my doctor so I had to leave me job the only source of income I have. Here at these apartments the electric is allocated though all the apartments. My base rent is 820.00 and my electric bill was 180.00. I let the office management know I was going to be behind because I was waiting on a TANF check to come in the mail. Meanwhile they shut off my electric July 15th because they wanted some kind of payment. I put every last penny I had into a money order and gave a total of 250.00. They turned back on my electric same day, but because I didn't have all 820.00 of the base rent paid in full first they turned off my electric again on the 20th and it's been off since then. Even though I gave 250 they will not put 180 of that towards my electric until the full 820 is paid. I called the consumer number I got from Texas law website and they reached out to my apartment complex however the apartment management have 21 days to respond and they plan to evict me by then. I lost all my groceries in my fridge and freezer and have been living in my apartment with my 2yearold with no electricity. It's very hot to say the least. However, we try to stay cool during the day by going to the park or McDonald's Playland or a pool. Today July 30th, the leasing agent came pounding on my door and served me with a lockout notice and demanded I step out of my apartment as is even without shoes or anything. She demanded I step out and said I could only get my belongings when I can get everything at once. I refused to get out of the apartment. I called the police. Two officers showed and said it's a civil dispute. I have not been Served with eviction papers or a court date the management haven't even filed for my eviction. The officers told the leasing agent that I could not be forced to leave. They also said the electric seems like a dispute and to call the court house. I did but after being on hold for 2 hours I gave up. Not to mention the leasing agent, Monica Wilson of the fairways 5 apartments in San Antonio, TX, was extremely rude to me even in front of the officers and harrassing me and saying very hurtful things and said it seems I can't afford it here anymore and she suggests even if I have the money to give them in the next few days that she still wants me gone because she won't accept anymore late payments no matter what health issues and anything else I'm dealing with and suggested that I look into a place more affordable like a homeless shelter. She refuses to even turn my electricity back on for the next 2 days while I pack my apartment to move out. I was hurt and begged her to stop putting me down when she doesn't know the stress I'm under as is. I hope no one ever has to experience something like this happening or meet someone like Monica Wilson. I'm terrified to walk out my front door thinking she'll be there to make sure I stay out. What can I do??? Please help. I'm desperate for answers. G.R.
  10. I fired my attorney. He has sent a motion to withdraw, do I have to send anything to the court if I am going to handle it myself {pro se}
  11. Hi, and thank you for reading this. I'm so confused as to why I should need to get guardianship of my own child. I moved to Texas in 2014 from Illinois and have only been back there 1 time and that was last year when my only family that I spoke to or had any contact with (my mom) died. My childs father passed away in January of this year (2019) and I had filed for survivors benefits for my child who is 14 years old through Social Security. The application was for me to become representative payee since my child is a minor and after 4 months they denied me to be the representative payee. They stated they decided it would be best for my child to have their checks sent to another payee. There is no other payee. I'm all my child has. In 14 years, my child has not been around my family or her fathers if there is any. My child has a 1/2 sibling that I heard about years ago, but he is only in his early 20s living in Illinois and doesn't even know us. My child has fees that have to be paid for high school and I was counting on their benefits to help with that since I don't get the child support that was ordered due to the death of the father. I don't know what to do and no one at Social Security will give me any answers as to why they decided as they have. Please someone help me. I'm unemployed and looking for work, and I'm a good mom. I just need to find out where to turn now for help. If you have any questions, feel free to ask and I'll answer honestly. Thank you.
  12. my daughter and I live in Ohio. M daughter has, 4 children. 3 girls and 1 boy. My daughters mother (here after, grandmother) lives in Texas. My daughter allowed the grandmothers husband to come to Ohio to get the boy, who is 4 yrs old, and they all agreed for two weeks. this was in Nov. of 2018.my daughter had made calls and messaged up until the grandmother told her to quit harassing them and even went so far as told her to specifically quit calling and messaging. this was in early May, May 11,2019 to be precise. we were in texas at that time just so my daughter could pick her son up as that was what the grandmother told her before they quit communicating. Now my daughter is being served with motion to terminate parental rights and another with it so they can adopt him. Does anyone know where venue/ jurisdiction would be since the mother and son have lived in ohio for most of the boys life. their grounds are for being unfit and abandonment, neither of which can be proven but all of the witnesses for my daughter live in Ohio and what courses of action can I do as the grandfather? As for my Daughter, I am thinking of either a dismissal or a change of jurisdiction/venue since the grandmothers husband came to Ohio to get him with the full intentions of not returning him. Any advice or opinions/comments would be greatly appreciated
  13. My daughter, who lives in Ohio, sent her son to Texas to visit with his grandmother and step-grandfather for two weeks. They never brought him back. Keep in mind that this was in November, 2018. Evertime my daughter asked for his return, they always said they couldn't afford to, but if she wanted to come get him, she could. So this being the case, my Fiance and I took time off from work to take my daughter to Texas to get her son. $3,000.00 dollars and a week later. We came back empty handed. We went through 2 sherrifs department and a Texas ranger, (who says his hands are tied), called FBI, and even law enforcement agencies in Ohio. My daughter has never been in any court nor served with any papers of any kind. How might I ask, is this not kidnapping/abduction. My daughter's mother stopped communicating with her when she found out she was there to get her son. Law enforcement in Texas will not look at this on a criminal level and is basically giving a child to a grandparent, when grandparents in Texas have no "custodial rights". What can we do to get this 4 yrs old child back where he rightfully belongs?
  14. My wife and I purchased a lake house in April 2017. About a year ago we deeded over a small portion of land on the left side of our property to our neighbor in a land swap. In the process of doing that we found out, through a survey, that the neighbor on the right side of our property built his garage 1.6 feet onto our property. The properties have a 6 foot side lot setback, so he is actually 7.60 feet over. The garage was finished just prior to the closing of our property. Therefore, it wasn’t uncovered because the lender only required a flood survey. To make things worse the neighbor changed his gravel driveway to a 30’x50’ concrete driveway that slopes down and onto our property which causes a huge stream between our houses during rains that is eroding the land away. We brought it to his attention as soon as it was found and have discussed doing a land swap, but because our driveway sits just 6 feet off of our property line it would then in essence potentially cause us to be in violation. Because then we would be less than 6 feet from property line. Also, we might then put ourselves in the position of pushing water onto his property, that would have been ours. The other complicating factor is that the land is owned by the city and we have a 99 year lease. He also did not get a permit from the city to build. Since the time we found out about the encroachment we have found out from several sources that he did it knowingly and he also cut down several trees off our property prior to our purchase. Trees that would have helped with the run off problem. He also ran his waterline on our property. We called the realtor that was selling the house and he admitted that he knew about the encroachment and discussed it with the neighbor. Does the realtor have any liability for not disclosing it to us? If we build a wall along his driveway to push the water back into his property, do we then have any liability that it may cause to his property? What are our options?
  15. Hello thanks for reading, I don't know if I am allowed to ask, my first time here. what can someone do if they had their identity stolen? from where does he start to fix? approx. how long does it take? is it expensive? He is a US citizen, but he doesn't live in us territory. goes back to mexico everyday with no issue. and it has been years since they stolen his identity. He does have a Mexican son (29 yo) who he wants to help, but that is a different topic. Thank you in advance. I will appreciate any information
  16. Hello, and thanks for reading me. My boyfriends father is a us citizen. Some how got his identity stolen, but he doesn't live in usa grounds so he hasn't done anything about it. He crosses the border everyday with no problem tho. My boyfriend is 29 and really hoping his father can be the one who helps him with his immigration status. He is Mexican. He tried going to the social security administration office but has been told to take his father and an id. We can help the man get an id but what if they cant give it to him because of his situation. Long story short.. my question is from where does he start to fix his problem? how long might it take? is it expensive? and any extra input is well appreciated
  17. Texas: Does a defective title affect the market value as far as property taxes. A claim was filed with the Title Insurer after neighbors began challenging the property lines. Long story short the Title Insurer decided to pay off face value of the policy since they couldn't explain the error.
  18. I was trying to sell a vacant lot I owned next to my residence and several potential buyers informed me that the City had told them that they would have to not only pay for a water meter to installed on the property which is normal, yet also told them that the water line that serves that property was too small to add any additional connections and they they would have to pay $35,000 in order for the City to extend the other water main down the street back towards the vacant lot before they would even install a meter. I am not doubting what the City says needs to be done to provide water service but rather whether it is actually the responsibility of the property owner or the city to pay for the cost of obtaining water to the meter.
  19. We purchased 1 acre with a house 16 years ago in Collin County, TX. It was originally part of a 12 acre plot of land. The owners carved out an acre with the house they were living in. They built another house on the remaining 11 acres. Going into closing, it was discovered that the property owners did not survey the 1 acre. We had to wait for that to be completed. It was and we purchased the property. The caveat being the owners eyeballed the 1 acre along an original fence line when they listed the house & property. Once the survey was completed we discovered that 2 of the fence lines were approximately 10 -15 feet into the owners surrounding property. This was pointed out at closing but the owners didn't want to move the fence so they told us not to worry about it, they might move the fence one day or sell us the property. About 5 years after buying the property the owners decided to move the fence. They got as far as putting the fence poles up, again eyeballing the location and not getting another survey. Due to a series of tragic events (the Husband and their oldest son passed away within weeks of each other) and the fence was never completed (only the poles were installed). The surviving Wife remained in the house another 2 years then sold the property (owner financed). At some point the new owners paid off their loan to the previous owner and financed the property (11 acres surround my 1 acre). The original owner told us that she informed the new owner that the fence was actually on his property. We have been keeping up the strip of land for the past 16 years. There is a pear tree near the property line as well as a peach tree. We also planted blueberries but that only lasted a year. I also installed a water main cutoff valve in the corner of the property , but it is not actually within our property boundaries. We mow and trim the grass. One of the fences on the backside of the property is rotted and has fallen over. My question: Do I have any legal right according to Texas law to that strip of property? Thank you.
  20. I presume that when a lawsuit is filed for demand of delinquent ad valorem taxes, the property owner has to contact the District Court Clerks office in order to actually get a copy of the Plaintiff Original Petition? Can a Tax lien proceed if the property owner stills has a hearing pending before the ARB on the property being foreclosed?
  21. I’m days away from closing on a condo In Galveston Texas with my bank. Last minute.. they say condo HOA flood/hazard is under insured by 1.3M. Told I have to get some kind of additional GAP insurance for $36K to get the deal done. 3 other units have closed there this year and did not have this issue at all. When I called my insurance agent to see what that would cost us... she said she never heard of such, wouldn’t even know how or if they could write such a policy, and that they hold policies for other residents in the same building and never had this happen. The HOA said they have never seen this and they all live or own there, both realtors say the same thing. The insurance for the HOA just took over in November and did not write the original policy... therefore lacking the cost estimator that Chase wants. Insurance co will have everything the bank wants in November. I asked if some kind of exception can be made until the HOA renews it’s policy in November. Was told no. I have no idea what to do. Asked for them to share their statistics/data/calculations used to come up with 1.3M shortage.... crickets. Any ideas on how to resolve this? Thank you you for your time.
  22. Hi, all. A physician entered into an employment agreement with a small solo practice in Texas. She's going to exercise her right to terminate her contract without "cause". However, she will be subject to certain restrictive covenants such as a non-compete. Interestingly, there is a non-solicit prohibition but only with respect to employees. There is NOT a customary non-solicit provision with respect to the practice's patients. In Texas, non-compete's and non-solicits are generally enforceable. She plans to open her practice outside the non-compete territory and solicit her former patients. What is interesting in this contract is that it states that she may not "advise, counsel or treat" any patient of Employer treated by Employee" other than those patients who are in the course of an acute illness. In essence, this is stating that although she's not prohibited from soliciting her former patients, she can't treat a former patient who comes to see her as a result of her solicitation. She has evidently contractually agreed to this prohibition. Is this enforceable? I have searched case law and the Texas Medical Board rules and can't find anything on point. The GC office at the TMB told me there is no ethical violation here. It seems to me that a patient should be able to see the physician of their choice. Can anyone point me in the right direction?
  23. The house was sold in a foreclosure auction the same day my mom signed the Successor in Interest Acknowledgement form. Does that or could that play a part in stopping the sale? What if the Notice of Sale that was posted at the County Courthouse stated that on 4/2/2019 at 10:00 PM is when they would sell the property and they actually sold the property at 10:00 AM could that void the sale? It seems the mortgage company was delaying the paperwork for Successor In Interest because they wanted certain papers and after those were sent, they told us they went to the wrong place and then it was they needed more paperwork and they even were looking at the wrong account at one point. The house is in my fathers name who is deceased. My mom is the Executrix of the will and did not put this house in the probate for what ever reason. I currently reside in the house and I am a disabled veteran with a terminal illness and I did get behind on the payments but could not discuss the account because I am not on the account. I can't get it financed in my name because my credit sucks because when a person gets sick it costs you. I am just not sure what to do at this point. I really thought I would come up with the money that I was behind but was unable to. Any suggestions would be great.
  24. I am the custodial parent. Non-custodial is 30k behind in child support. The past year I’ve fallen on hard times and agreed our 14 year old could live with non-custodial parent until I was back in a better financial and emotional position to bring her back home. Question is: if parent owes so much, yet is now demanding child support payments AND refuses for me to see child because I refuse to “conform” to his rules etc. would the courts force me to pay child support or deduct the amount from his outstanding balance? I would like to have visitation in place and work out a child support agreement but I don’t feel I should have to be out of pocket after years of non payment and him being so behind in arrears. We have a 19 year old in college that I paying for 100% without his help as well.
  25. I was in an auto accident in which I was the plaintiff and the attorneys that represented me and the auto insurer's company lawyers reached a final settlement. I received a copy of the settlement towards the end of 2018. I received a MRI, and saw two additional doctors referred to me by my attorneys. I signed the payment arrangement in which the MRI company and doctors defer receiving their payment until, and if a settlement is reached. When I received the final settlement documents I called and left a phone message and also emailed my attorneys asking for copies of my doctors' charges and the MRI charges, and stated I needed to know if the settlement amount was suffice to cover the charges after the attorney charges are deducted. I have never received a reply from my attorneys. So that's where everything presently sits. The amount of the settlement is only $4500. I did not like the doctors my attorneys send me to. The MRI revealed I have bulging discs in my neck. One pain doctor my attorneys sent me to wanted me to have some type of injections (perhaps steroids) in my discs. I declined at the time as the pain was slight and I always prefer if possible to let my body heal itself. So as you can imagine, by the time of the deposition, I wasn't exactly my attorneys' favorite client. I thought perhaps with the beginning of the new year, if not but any other reason for year end closing out business statements, etc., I would hear from my attorneys. Meanwhile, the other reason I have been waiting to sign the settlement was to see how my neck's discs were. I now have more pain in my neck. I fear to sign this settlement would be a mistake as I may be now having significant medical issues in the future with the discs. One reason in the beginning that I went to my attorneys' doctors was I had no health insurance. In a couple of months I will have Medicare and the supplement including Part B and can see the doctors I prefer. What should I do? If I don't sign and obtain other attorneys what happens to my original attorneys and their charges? I don't want to sign away my rights as this neck pain increases and I may be having a great deal of trouble with it in the future. I would appreciate any advice. Thank you.
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