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  1. Hello long story short as possible, my father was in prison for 18 years. While in prison his house was going to be lost because the taxes were getting behind, so he signed over the house to my sister so that she could get some loans and get the house paid up. There was a notary present, but no witness. Well 3 years later hes out and shes claiming the house as her own and does not want him there. She did NOT pay him a dime for the house. The verbal agreement was that they would fix it up together and live together. Its a pretty big house but it needs a lot of work from age. So my father and I are searching for a lawyer to get this resolved. We're hoping that we can just give her the money shes put into the house tax wise and get his home back. I don't know much about this, I've never dealt with laywers/law. Any advice? Anything helps? We're in Dallas TX by the way. Extra Details (Don't have to read): I'm sort of venting on this forum now lol but anywho, shes not currently living there because shes got 4 kids so far and the government takes care of her. She has no disability or anything, shes just a lazy baby maker. She works 12 hours a week. Like I said the house needs work, but is makeshift liveable right now. He's living there now, the water is on in his name, the electricity is on in her name, and the internet is in my name. The A/C units were stolen but he has an A/C unit so hes good. I don't think shes supposed to be on those programs with a house in her name. The amount shes paid in loans and work on the house is nowhere near the actual value of the house. I'm appalled that she can do him like this and honestly feel like the house is hers because its in her name. Her own father. But I've got his back, and we're going to bring her down!!!
  2. I received a dwi back late 2006 in Texas. I was given deferred adjudication for this offense. How long before I can stop putting this on my employment applications or will I have to go through the process of having it expunged? Thank You
  3. I received 3 day notice to vacate; answered with a request for an "Eviction Hold-Off Agreement" Water marked the original, and gave the manager a copy and requested that she mail and fax the regional director a copy as well. I never received an answer except for the service of eviction suite. I then went to the clerk and demanded a Jury trial. Now then, my 3 day notice to vacate has a different amount on it from the eviction suite. The 3 day notice claims that I owe 2518.61 and the eviction suite paperwork states that I owe only 1250.00. Is there a defense in this? Also these are section 8 apts. My trial is tomorrow at 14:00 hours. Finally, if I lose this, how much time do I get to vacate, or is that something that I can work out with the manager. Thank you htazman65
  4. Hypothetical: a tract of grazing land in Texas is co-owned by an individual and by a trust. I would call this an undivided interest between the two parties. Can either party utilize (ranch) the full tract without being required to compensate the other?
  5. britlainer

    Fmla

    If a manager is out on Fmla and an employee does a compliance violation at work. Is the manager still responsible and can he be coached for the infraction, even though he was actually out on Fmla. There was an acting manager and the DM was there during the Fmla! The employee was not coached!
  6. I recently asked my Court-Appointed Attorney for a copy of the information that he has in my case file and he told me that he couldn't do that due to the "Michael Morton Act". I looked up this act and in the second half there is a concern for the victim's and witnesses addresses, DL#'s etc. but I don't read that I cannot have a copy of my case file. This is a class A misdemeanor in Texas. The court has taken that attorney off my case and has assigned me another attorney that handles the appeals process, he was not replaced for a conflict between us, just certain Attorneys can practice in. My question is, does the "Michael Morton Act" keep an attorney from giving the client (me) his case file or copies of this file in a criminal case? What about obtaining the transcript from the court proceedings? Do I have to file a FOIA request for that? I have some more questions but I will break them up Stradog Gun Barrel City, Texas
  7. I don't understand why my court appointed Attorney did not introduce the written statements from the "victim" and the "witness" they filled out together the day of the incident or the video/audio of their statements that included my statement? That would have shown how their story continued to change is my thought? The written statements, audio/video statements and their court testimony were all different. Had my attorney done his job he could have shown that the witness could not have seen what she claims she saw because it didn't happen and there was furniture, a breakfast nook and the angles just don't work and I pointed that out to my attorney. I am disappointed that I was found guilty in less than 6 minutes by a 6 person jury. They didn't even have time to sit down before they reached a verdict. My question is when is evidence that could be proof of innocence not considered evidence? Or why wasn't it brought in as evidence? There were 2 Deputies in two different vehicles so in theory there should have been two different audio/video recordings although I was only recorded by one deputy. The other recording would have shown the "victim" and "witness" laughing it up and writing their statements together. I am not sure if my attorney asked for the second recording. I know if you don't ask they don't have to give it to you, is that correct? Thank you Stradog
  8. my ex has tempory orders now, and they have been dropped. Is there anyway that I can get my children back? We have went to court for divorce, but he never finalized it, so my children are still in his care, and my 14 old tells me that she does not want to stay there. How do I go to the process of taking him to court? And do I need a lawyer? because I know for sure he will fight me for them.
  9. My ex-wife, and custodial parent to my 17 y/o son, has agreed to let him move from Texas to New Mexico to live with me and attend his final year of high school. I am currently paying her child support, through my employer, to the child support division. The question we both have is about stopping child support to her. Does a change to the court order for child support require a visit to court, or is this something that can be completed strictly through a few forms and/or affidavits submitted to the State of Texas? Thanks in advance for any assistance Barry
  10. My husband has joint custody of his daughter with his ex-wife and he pays child support. She took off with his daughter many times and he had to locate her. He last saw his daughter when she was 4 and she is now 17. His daughter contacted him this year and they have re-kindled their relationship. We found out she has been living with relatives since she was 7 as her mother was incapable of raising her. Although my husband was easy to find (no change in address or phone number), he was never contacted to resume his custody or given the opportunity to take full custody. Rather, they hid his daughter, even going so far as to tell her to give false names on social networking and limiting who she can talk to. There is no history here pertaining to violence or abuse. It was simply this family, taking matters into their own hands, and not wanting to "share" this child. My husband is delighted that his daughter visits him now and we want to make this a regular thing, but being mindful that she is entering her senior year in high school. We understand that she wants to stay where she is, with relatives, so she does not have to change schools. That being said, if it were not for that, she has vocalized that she wished she could live with us, but wants to be on a regular schedule with the visitation. This weekend, the daughter let us know that her aunt and uncle that she has been residing with has "legal papers" that allow them the guardianship and restrict the guardianship of the mother. She has scheduled times for her own visitation with her daughter and also, this order requires counseling/therapy sessions. What kind of route did this family go through that they could obtain legal documentation for guardianship rights and my husband was never contacted? I understand that the mother was inadequate so the custody was yanked from her. But wouldn't the courts at that time locate the father? I would think, for legal guardianship, the father would have to consent as well. And we assume that CPS may have been involved as there is required counseling in this legal order. We are happy to have her back, she is a blessing. We are not ungrateful for her aunt and uncle taking her in and raising her to be so well-mannered and happy. However, there is much resentment that we must get past, as he lost 13 years with his daughter. We, in the end, want to know how the court system failed. I assume that to obtain legal custody, both parents would have needed to consent if they could (and my husband has never been jailed, he is actually a former police officer), he was always easy to locate. Any help on what happened, what actions are best advised to take, I am open to hearing. Thanks!
  11. My neice who is currently 16 has been in and out of my home for a few years now. (First time 5th grade, then again 7th again freshman year and now) The mother is emotionally and financially unstable. There is no evidence of physical abuse. She has been in 3 different HS this year. A few weeks ago after another spout with her mother I picked her up infront of her school where her and her mother was battling with officers present. The officers asked me to take her. We enrolled her in school based out of my home but the mother lied to the school district saying she lived with me bc she wants me to have no control. Now the mother is trying to micromanage, she wants me to call and ask her if the child can have phone conversations or visit friends. She wants to control everything. She wants to me force the child to have a relationship with her and go to her church with her and do bible study. The daughter has no problem with church but wants nothing to do with her. She told the daughter that if she, her boyfriend and his mother didn't admit to her that the child was a liar and she wasn't abusive, not only could she not attend prom but she is on lock down, she can't do anything or speak to anyone. She is done with the emotional roller coaster her mother puts her through. So my question is at what age can she choose to live with me and we tell her mother she can do nothing about it?
  12. What can I do If I live out of State where the Hearing is at and cannot afford to make the Hearing?
  13. I have an efficiency in San Antonio, Texas. We moved into the place in January, however the lease is in my name only. There is no documentation stating any terms or amount of time he is permitted to live here. We fight often and at times it's not pretty. He has punched holes in the walls, slammed his face into my closet door causing a large hole, among other things. I do not feel comfortable living with him. I have been trying to get him to move out for about 2 1/2 months now and he refuses. I've called the police before and during their visit they told me that if I felt unsafe in the apartment with him then I should leave DESPITE my informing them of his name not being on the lease. It's gotten to the point where I don't even come home anymore. I'll sleep at a friend's or in my car because he only works 2 days a week and when I'm not home he's sending me hateful messages and calling 20+ times. I want to feel like I can go home again. I don't know what to do. Please, anyone, help. I'm going crazy. Thank you
  14. I left school and came back "under the influence" i did smoke marijuana, but i as not "high" Teacher caught me and another friend. Both got searched, had nothing on us. the nurse checked our eyes and put something around our right arm to check our pressure and i hit 250. On my ticket it said" Public intoxication" i know for a fact the deputies at school where making statements up about us being high, but i did not want to say anything yet. i cant get a lawyer, my family insist really set on getting on due to our money issues. i was not high, i did smoke but not enough to get me high, is there a way i can use that in court? im must worried that the judge will see "public intoxication" and think something else, i only got caught because of the smell and i could have not said anything but the nurse said that my eyes where glassy not red as if i was crying(was not crying btw) and after getting tired of being accused we both confessed and said we had smoked marijuana to get the deputies of out back. Is there something i can say/do in court to get my story straight?
  15. The two beneficiaries (a niece and nephew) are not happy, and refusing to communicate with him. The deseased bank accounts, money, stocks, and home, were all left to the two individuals. The Home does have a Mortgage and Home Equity loan tied to it, and was not left to them free and clear. There is only enough life insurance to pay for his funeral expenses and the dew medical bills that were left. The personal belongings, guns, vehicles, furniture, household goods, jewelry, was all left to my husband. The two individuals, did live in the home, but have recently moved out, and took everything with them. The man died in August, and the individuals moved out in March. My husband had allowed them to live there while going through probate, being that the home was left to them, they were paying the mortgage and also a Home equity loan that was tied to the home. We just recieved notice that the April payments for both the mortgage and loan payments were not made. My husband has called them, left messages, and mailed them letters stating that they need to bring the property back that they removed from the home, or provide receipts that they have paid for the items removed. (Can he file theft charges on these two for the removal of the items?) Also to let him know what they are wanting to do with the home. Such as, try and get a new loan, get the home refinanced or sale, and neither one will respond, or sign for the certified mail. The will does state that the Exector may sell any property without any permission from the court. He is tryuing to work with these people and do the right thing, but they are not very reasonable, when you can't communicate with them. What are the next steps? He does have a Probate Attorney, but he stays very busy, and we are just waiting for his return call. I am just curious as to what others might suggest his options will be.
  16. I was in a car accident because I had a red light in an intersection that I had just been given a left green arrow to enter. To make matters worse roads were wet. When I told the officer that i don't know why I ran the red light since I had my cell phone powered off in the car. I told him that I had had a green light to enter this intersection. He said that this happens all the time at this intersection and that the lights aren't synced right. Looking at other intersections that I use regularly the light after the turn is always green under a bridge. Do I sue the traffic light for the damages to my vehicle or do I fight my ticket for running the red light?
  17. My bathtub is peeling and rusting and my landlord told me that if I want it fixed I can't use the only bathroom I have for my family (4 kids) for 4 days. That means no toilet or tub/shower and they refuse to provide us with a place to use either stating "that's not our problem, you want it fixed you need to find somewhere to go!" I pay my rent on time if not a week early and have never asked for anything fixed in the year and a half I have ice here. Is this legal for them to leave us without any where to use the restroom or bathe for the 4 days it will take for them to scrape, sand and let it sit?
  18. My daughter has been charged with Intoxicated Vehicular Manslaughter, but has been offered a plea bargain. The plea bargain is a misdemeanor DWI. The issue is my daughter was not driving & this stems from a fatality accident. Her 2 year old daughter was also in the accident, but unharmed. My question is: If she takes the plea bargain, can CPS charge her with something, such as Child Endangerment. This accident happened just over 4 years ago& I am trying to find out if there is a statute of limitations & if so what is it, for CPS to be able to charge her.
  19. My husband has been absent for 2 years now. I have recently had him served by publication. I'm doing this pro se, and it has been a difficult process. We have a two year old but she has been with me the whole time. I have not had a single phone call or anything from him. Anyways, I've done some reading and I noticed I have to hire a lawyer ad litem. Now do I absolutely need to do this? If so what are the usual price ranges? There's a reason why I am doing this pro se.
  20. Ex employer owes me unpaid wages and the wages they claim they paid me I never even received. I received my W2 for filing taxes and the social security number is not mine. I need help to increase the process of either the Texas unemployment/Wage Commission or the IRS to prove the fraud my ex employer is committing towards me. I have been fighting this case since last march
  21. Hello, My name is M****** and here is my problem. In May of 2013, I moved from College Station, Texas to the Dallas/Ft.Worth area. I had a gym membership in College Station and wanted to transfer my membership to the Garland, Texas location. I went to the Garland location and explained that I had a membership but needed to change my home gym to Garland, Texas. The lady said that was no problem and took me and filled out the paper work to transfer the membership (or so I thought). In January of 2015, I decided to cancel myembership in Garland, Texas. I noticed on my billing statement that I had a charge from the gym, but not from Garland, but from College Station. I began looking back into my files and statements and come to find out, my account was never transferred from College Station, Texas. I have continually been billed since May of 2013 to the extent of over $800. I contacted both gyms and have been informed (now) that the College Station, Texas location is a "Corporate" owned gym. And the Garland, Texas location is a "Franchise" gym. I have spent hour on the customer service phone line attempting to explain that there are two things wrong, only to be told two things. (A) It was my responsibility to cancel my membership in College Station (I was never once even remotely told this. I was told everything was transferred). And that ( in the contract I signed in College Station, it states that there is a 90 day time-frame to dispute a charge after a membership has been cancelled. So here is my problem: (A) I was incorrectly told (lied to) by the gym in Garland, Texas that it was possible to transfer my membership from College Station, Texas to Garland, Texas. I was never given a form, a piece of paper, or anything explaining how to go about cancelling my other membership, it was strictly told to me that the transfer was done. ( The gym's corporate office continues to state the "90 Day Clause" of wrongful billing, but it was gym who dropped the ball and did not cancel the membership in College Station. I have even said that I would be willing to just take the amount for the past 90 days only to be told that those charges were not incorrect because the account was never cancelled (again, at the fault of the gym). © I am now being told that the gym does not do transfers, and mind you this was not even spoken of until the 5th time I called them, and it seemed they are trying to back peddle. The ending statement is that the gym of Garland, Texas and College Station, Texas dropped the ball. Somewhere between the two, something was not done at the expense of me, and I am told that I will NOT get a refund, period. And, to top it all off, my membership agreement doesn't even have MY signature, it has my wife's signature. She has her own membership agreement, and hers does have her signature, mine does not, it has hers. What do I need to do to pursue this? This is wrong, underhanded, and shady, and I need to be reimbursed for their wrong doing that comes to over $800 in charges. Thank You, M*****
  22. My boyfriend of two years recently moved out of the house that I bought while we were together. We live in Texas and we have never claimed to be married. He has lived with me for two years. I bought a house in only my name and only using my credit a little over a year ago. He paid half of the bills but none of those bills were in his name, he just gave me cash every month. He is now claiming that he can get half of the house and everything I own because we were common law married in the eyes of Texas because we lived together for over a year, his driver's license address is the address at the house and he receives some of his mail there (he never filled out the change of address form through the post office). We had one piece of mail that was sent to Mr and Mrs from a furniture store but we never said that we were married and we never wrote down that we were, that was an error from the furniture company. We have no loans, checking or bank accounts together, we have no joint accounts. His name is not on anything having to do with the house or its bills. I paid for the house, closing costs and downpayment. Is there a way he can get my house or that I will have to owe him half of what I have?
  23. Judge granted a temporary injunction to prevent HOA from foreclosing on my property until separate lawsuit in regard to illegally charged fees by HOAs has been heard in separate court. HOA claims they were legal, although they stopped charging them, but still owe the prior ones. The injunction order specifically states that it is effect "until entry of final judgment or until the decision in the separate court is ruled on" The court date to hear the financial discrepancies regarding the HOA charges is not set until later this year due the backlog. However, the court ordered a Dismissal for Want of Prosecution hearing. What motion do I file to cancel the DWOP. From the advice I got from the court it is a filing that will require an Answer or will if no answer will result in a default judgment. Do I sue HOA in this court too for the overpaid fees I allege I made. Or with this being a temp injunction do I file for a permanent injunction to keep order in effect
  24. My husband might have another child with another women. We are not sure if it is his since he found out she was sleeping around with his cousin as well. She left him when she was pregnant and he didn't know she was pregnant until the baby was born. In between those months me and my husband started dating and that's when she called him to tell him she had "his baby". My husband never signed her birth certificate and he only saw the child three times because she got mad that i was there when he was with the baby. She is a crazy women had many people harass us. The child is about 9-10 years old now. My husband doesn't really want to see the child until she gets older. I don't blame him because the mother is crazy and she might make up all this lies just to make his life miserable (like child abuse, molestation, etc). We have 3 children together and i want to know how this will effect our income. We know that there is a day where he might have to pay child support. My question is how do they determine how much child support? i have a separate account with my name only with they take my money? How much back child support will he have to pay? Also, we have a saving account that we opened just for the child support, the account is under my husband name. Do they look into the bank accounts and if they see a lot of money do they make the child support more?
  25. Back round the grand kids are in Texas. Yesterday the cops came to the house for pot growing. Both parents were taking in to custody. As of right now grand kids are with grandparent there, but she can't take care of them. Yes C.P.S. is now involved. We spoke to cps. and told them that we can take them we are in AZ. They kind of hemmed & hall about it. They were inform that back in 2012-2014 that custody signed over to us by the parents. No cps involvement.We had them for about 18 months. # 1 How do we go about getting back in are custody we don't care if cps is involved. Or can we? The parents are willing to sign the kids over to us. The mother was not involved with the growing of the pot & she is clean but no one would test her. The cops clam she new it was there they charged her with 4 counts of felony child endangerment. He was put in prison for domestic violence when he beat her. She could not get rid of it she might get beat for. # 2 How do we go about getting the charge dropped? We don't have the $ for a lawyer. It seems to me that we shunted need one. Sorry this is all over the place still trying to my head around this. Thank You for your time Dogcatone out.
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