Texas Civil Litigation Legal Questions

The LLC can file a claim in Texas through its attorney without you having to leave North Carolina, but, if the defendants don't default, you or some other witness with personal knowledge of the facts is going to have to go to court (and possibly to depositions) in order to prove your case; the attorney has no personal knowledge of the facts.... Read More

I assume that you were acting on behalf of your husband, who was the attorney's client to whom he owed a duty.  I also assume that all amounts owing to the attonrey have been paid; if not, the attorney (at least in New York, and I doubt Texas is different) the attorney would have a retaining lien on the file and wouldn't be required to release it. You have every right to be angry at an attorney who lost the file, and perhaps to sue for malpractice (a very tough case, I am not recommending it) and/or file a grievance with the disciplinary committee, but that won't help you pursue your appeal.  However, you should be able to get whatever documents you need from the Court's file, which you should be able to obtain from the clerk of the court - an appeal has to be based on the record before the lower court, so anything that was not in the Court's file would probably not help you.... Read More

You potentially have a cause of action for invasion of privacy and other causes of action.  There are fact specific questions that need to be asked of you.  I would recommend that you contact an attorney and at least discuss the circumstances with them on the phone.  I, like many attorneys who do this type of law, give free consultations.   Please do not get case specific on the internet as you could have issues of breaches of confidentiality and waiver of certain protections under our laws.   While we try and give more specific responses when we are asked for answers on an online post such as this, due to your facts and circumstances, I would encourage you to contact an attorney directly.  I'm glad to visit on the phone and if I cannot help you, refer you to someone who could.... Read More

You can sue him in the proper court.  I don't practice in Texas and can't tell you the right court, but if you contact the clerk of the local non-small claims court, they may be able to help you.  However, while you may be able to recover anything you pay above your share from your ex (assuming he has the money to pay) as between you and the landlord, you owe the money. ... Read More

In order to oppose a motion for summary judgment, you need to submit evidence showing that there are quesitons of fact which have to be decided at trial.  For example, if the plainitff seeks summary judgment claiming that you ran a red light, you can't just submit an unsworn statement denying it, you need to submit an affidavit, sworn to under penalties of perjury, tha the light was green when you went through the intersection.... Read More

This sounds like a scam. The scammers will likely eventually try to get you to pay money or else, they'll have someone serve you with papers. This is not how a lawsuit works. If someone sues you, they don't call to threaten to serve you. They actually serve you with the petition. This is probably a scam. You should ignore the calls and threats.... Read More

If she files suit, you would have a good defense based on the facts you've stated. Her payments probably correspond with her use of the vehicle so she would have a hard time proving that she has a valid claim against you. On the other hand, you probably have valid claims against her for the wreck and interest on the late payments, depending on the agreement you had with her.... Read More

Anybody can sue anybody for anything, but in order for you to prevail against the department, you will have to come up with some way in which its wrongful acions caused you damage.  For example, if you had previously reported your neightbor but the Department took no action because it was protecting one of its own, you could have a case.  Ditto if it issued a weapon to your neighbor which he used to assault you when the department knew or should have known that he was unstable or otherwisse unqualified to possess a weapon.  By itself, however, being attacked by an off-duty employee does not create liability on the part of the employer.  There are also sovereign immunity issues.  To the best of my knoweldge, all 50 states allow you to sue the state or various government entities, they place restrictions and procedural hurdles on these claims which don't apply to suits against private individuals.  I don't know the rules in Texas, but one common one is that you are requireed to file a notice of claim with the municipality within a realtively short time after your claim arises.  If you wish to file a claim against the dapartment, you should move quickly to check out the requirements you have to meet to commence suit, and should consult  a local attorney.... Read More

For a defamation suit, you would have to prove damages. Do you think what he said has caused monetary damage to your business or job? If so, you would have to prove that those damages are a result of the comments made by your brother-in-law. For example, if you have a business, a client from your business would have to testify that they stopped doing business with your business because of what your brother-in-law told them. You would then have to show how much money that caused your business to lose. If you have a job, you would have to show that the things your brother-in-law is saying have had a negative impact on your job, like you lost a promotion or you lost your job because of his words.... Read More

Hopefully you have uninsured/underinsured motorist ("UIM") coverage so you can go against your own policy.  Take a look at your policy of insurance and see if you have it.  You could also talk to your  insurance agent.  Even if your husband has sufferd personal injuries, missed work and does not have health insurance, if you have UIM you can seek to have the policy cover your damages. With UIM you will have needed to reject the coverage or it will normally be the amount of the limits of your liability policy.... Read More