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3 Answers | Asked in Child Support and Family Law for Texas on
Q: “The situation is appearing in court for a Motion for Enforcement and suit of Modification of Support Order”

My wife and I are the ones that have been trying to go to court about child support from her ex husband. My wife is wondering if we need a lawyer because of that question I posted.

Sharita Blacknall
Sharita Blacknall
answered on Sep 8, 2022

If you can afford an attorney you should get one. Enforcements and modifications are very technical. An experienced attorney will be able to help you navigate, prepare, strategize, and execute a plan based on your goals for the situation.

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1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: The reservation is a 1/16 in deed but it’s but the land was under mineral lease when it was sold

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »

Aimee Hess
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Aimee Hess
answered on Sep 8, 2022

You can try sending copies of everything you have to the oil company by certified mail with a letter asking them to correct the situation. However, don't be surprised if what you send them is not enough to change their mind.

This is probably not a do-it-yourself project. First, it is...
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1 Answer | Asked in Small Claims for Texas on
Q: I am appealing a small claims case I lost as the plaintiff to county civil court in kaufman TX.

How do I make an adjustment to what I am suing for in county court. I need it to be slightly different then what I wrote on the petition and said in small claims court. For example I put, I was suing for DTPA. I am now wanting to sue for DTPA and or in replace of the price of the car. How do I go... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

You should ask your attorney to amend your petition.

Small claims court is a very different forum than county court. In county court, you will not have a simple "appointment," you will have a trial. You will be required to follow the Texas Rules of Civil Procedure in...
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1 Answer | Asked in Consumer Law and Copyright for Texas on
Q: how do you sum up the case of Zippo Mfg. Co. v. Zippo Dot Com, Inc.,
Steve Charles Vondran
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Steve Charles Vondran
answered on Sep 7, 2022

To my best understanding of the case, Zippo Manufacturing Company sued Zippo Dot Com, Inc. for copyright infringement. Zippo manufacturers lighters, and Zippo Dot Com operated a website that sold a variety of lighter-related products, including cases, flints, and wicks. In its complaint, Zippo... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: I have a business. I need to file a TRO, as soon as possible. I need the steps to self-file, possibly ex-parte.
John Michael Frick
John Michael Frick
answered on Sep 7, 2022

It is highly recommended that you not attempt to represent yourself in such a proceeding. Depending on whether your business is a sole proprietorship, limited liability company, or corporation, you may not be able to legally represent your business in a Texas court.

I'm sure you...
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1 Answer | Asked in Consumer Law, Construction Law and Contracts for Texas on
Q: Can a contractor alter the terms of a contract for a septic system because the equipment he has won't work?

The contractor already accepted the money from the manufactured home company where we got the loan through to do the work on the septic system. Now he says because his mini excavator cannot penetrate The Rock underneath the dirt that we're going to have to spend an extra $2000 to put in an... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

That depends on the wording of your contract with the contractor and what it says about subsurface soil conditions and the allocation of risks. You should take your written contract to an experienced construction law attorney for a consultation. If the contract is not overly long, you should be... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: Is this double jeopardy?

If a plea deal from a criminal assault case was accepted and done, can the Plaintiff sue in civil district court for exemplary damages or this double jeopardy? Count one is assault (family violence) count two is intentional infliction of emotional distress. This case was filed before the plea deal... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

No. The disposition of a criminal case does not affect the right of the victim to sue for civil damages in a separate civil lawsuit. Double jeopardy only prevents a person from being prosecuted twice for the same crime.

Exemplary damages can be recovered for a tort like assault if the...
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1 Answer | Asked in Divorce, Probate and Estate Planning for Texas on
Q: Divorce DECREE Divested moms ex-husband of all benefits & life insurance but Valero paid him anyways. What do I do?

Mom divorce 02-12-18 Mom passes away 02-13-18. Divorce DECREE Divested him of all financial,interest bearing,money markets accts& life insurance policies. Life insurance is a Welfare Benefit in Texas,and he signed off rights to Moms pension but Valero paid him still. Probate Attorney filed... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

You should contact the personal representative of your mother's estate. If you are an heir of your mother's estate, you should have received a notice, which could be as simple as a letter, notifying you who that individual is. If you did not receive such a letter, you can look that... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I was asked to leave apartment and was told I can't break the lease. What were to happen if I stopped paying rent?

I live in texas. I was recently received written notice to evacuate. So I moved out of my apartment complex. My brother who is also on the lease was told that we can sign a document stating we're no longer in the complex and had to sign a document. But when we came to talk to the property... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

I would be highly suspicious about receiving a "written notice to evacuate" in Texas. You should take this document to an attorney near where you live and ask advice as to what it means.

Ordinarily, evacuation orders are issued by government officials during a natural disaster....
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1 Answer | Asked in Civil Litigation, Real Estate Law and Energy, Oil and Gas for Texas on
Q: How hard is it to prove you are the rightful owner of mineral estate when someone else has been receiving lease bonuses

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 7, 2022

Whether the process is simple or more challenging depends on the state of your mineral title. If you have a deed for these minerals it may be a matter of sending a copy of the deed to the oil company with a certified letter and requesting that they correct the error. Keep in mind that the landman... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I tried to get out of my vehicle with my purse officer would not allow me to get out with it can he search it if I give

Consent to search the vehicle I did not give consent for purse

John Cucci Jr.
John Cucci Jr.
answered on Sep 6, 2022

I am curious as to why you were stopped by the officer. The context would probably matter in your situation.

I hope this helps.

1 Answer | Asked in Criminal Law for Texas on
Q: At a traffic stop by k9 officer he mage me leave my purse in vehicle I felt intimidated into consenting because if I

Refused the search the dog would of been used anyway. Can they search my purse because he made me leave it inside the vehicle

John Cucci Jr.
John Cucci Jr.
answered on Sep 6, 2022

In a regular traffic stop, an officer may ask you to exit your car for officer safety. The dog may not enter your car at first. The dog may sniff the outside of your car, if it shows a HIT, then the officer has probable cause to search your car.

The officer may not, in usual circumstances,...
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1 Answer | Asked in Immigration Law for Texas on
Q: How to get citizenship for a person that is 63 and has been in the US since he was 6 months old
Agnes Jury
Agnes Jury
answered on Sep 6, 2022

It depends on many facts that you do not provide. Best to do a paid consultation with an experienced immigration attorney. Best wishes!

1 Answer | Asked in Civil Litigation and Health Care Law for Texas on
Q: I have a medical bill that is over 12 years old that is from when my parents passed. Never agreed to make payments.
John Michael Frick
John Michael Frick
answered on Sep 6, 2022

In the absence of an agreement, a child is not personally responsible for a parent's debt. In the absence of the acknowledgment of the validity of a debt, the statute of limitations to collect a debt in Texas is four years.

1 Answer | Asked in Criminal Law for Texas on
Q: A JUDGE HAS PREVIOUSLY PRESIDED OVER AND SENTENCED AN INDIVIDUAL CAN HE LATER ACT AS A MAGISTRATE JUDGE AND SIGN SEARCH
John Cucci Jr.
John Cucci Jr.
answered on Sep 4, 2022

Unless there is a "legal reason" to have the judge recused, then the judge can preside over any case assigned to him/her.

Legal reasons are:

Judge has a personal interest in the case;

Judge had previously acted as a lawyer in the case;

Judge has exhibited...
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1 Answer | Asked in Estate Planning and Family Law for Texas on
Q: Do both settlors of a joint revocable trust have to sign any amendments made. Or can 1 settlor sign who is also trustee.
Isaac Shutt
Isaac Shutt
answered on Sep 4, 2022

It really depends on what the original trust document states. So, the answer is: "It depends". Start by looking at the trust declaration for how to amend the trust declaration. This is usually in a paragraph labeled "Revocability."

1 Answer | Asked in Family Law for Texas on
Q: Can my mom not give me a room

We’re moving into a new place and we’re broke so she’s going to get us a place that only has lofts for our beds Im a 15 yo girl and this would leave me with absolutely no privacy

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 3, 2022

You mom is doing the best that she can. You can buy room dividers pretty cheap. Work hard in school you will be 18 soon and can go to college.

1 Answer | Asked in Criminal Law for Texas on
Q: Friend flashed a gun @ someone and I was there.. will I be charged as an accessory

My friends and I were walking through a parking lot and came across a guy that I have previous beef with. My friend asked him for a lighter because he didn’t know who he was and when the guy recognized me he started talking trash. My friends and I trash talked him back but never stopped walking.... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 3, 2022

Mere presence is not enough to get you charged

2 Answers | Asked in Civil Litigation, Family Law and Probate for Texas on
Q: Common law marriage 7 years. Male spouse passed. Left no will. Only son of husband evicting wife. Selling off property

Husband been gone 2 weeks. What legal grounds are there. For inheritance of property. This will leave her homeless.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 3, 2022

"Wife" would have to prove that she was married to the deceased "husband". If she is successful, then she would entitled to inherit through intestate succession. If the home was purchased during the "marriage", then she could claim it as her homestead and continue to... Read more »

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