Texas Civil Litigation Legal Questions

You could consider bringing a claim for civil assault against the saleman and also look at the place of employment as well.  Recovery will depend on many factors and I would encourage you to talk to a lawyer who also does personal injury trial work.  Your damages can be for your medical bills (including the exacerbation of a preexisiting condition to your C-2) past and future, mental anguish in the past and future, physical pain in the past and future, and others. I would encourage you to talk to a lawyer as soon as you are able.  There are many more questions a trial  lawyer will want to ask you regarding your situation.   Do not talk to an insurance adjuster before you get legal counsel.  They normally will want to record the conversation.  It is better to have your lawyer speak with them and not you for a variety of legal reasons. You might begin gathering the names of your medical providers, and other related information for when you speak with a trial lawyer.  Hope this helps...    ... Read More

First of all, I'm so sorry for the loss of your granddaughter.  Secondly, I would encourage you to call an attorney regarding your questions.  Thirdly, because of the sensitive nature of this tragedy, I would not communicate over social media any more specifics than you already have.  Any of the lawyers who respond to your questions or whom you call will explain to you why I make this recommendation.  And, because there is an ongoing prosecution, the prosecutors could also explain to you why I encourage you and your family to not use social media regarding case specifics as it relates to this terrible loss for all of you. Regarding your questions: There are ways to bring a civil lawsuit for wrongful death when it occurs within a home that has insurance coverage.  Challenges to this event deal with Intentional Torts, Insurance Coverage Issues and what the terms of the Homeowner's policy state. Contact an attorney who does this type of litigation and I'm sure they will be more than willing to discuss the issues with you at no cost to you or your family.   Some of the questions you will be asked are:  your granddaughters age at time of death, whether she was married, had children, and numerous other questions. Again, I'm truly sorry for your loss.... Read More

Yes, you may have a case. In every accident case, the plaintiff must prove physical injury in order to be successful, before said party can collect damages for mental anguish. However this rule does not apply to cases brought against funeral homes for mishandling bodily remains. The family members can collect for mental anguish suffering without proving physical injury. I would be happy to discuss your case for free. I have offices on Florida and work with a law firm in Houston Tx Steve... Read More

Yes, although I'm not sure what the claim would be.  Possibly intentional infliction of emotional distress.  Being found not guilty of a crime means only that the prosecution was unable to prove its case beyond a reasonable doubt.  However, a civil plaintiff does not need to prove his/her/its claim beyong a reasonable doubt but only, in most cases, by a preponderance of the evidence.  Since a lesser standard of proof applies, being found "not guilty" does not necessarily mean that you are not civilly liable.... Read More

When you say "ask", do you mean in a settlement demand or in some court proceeding (e.g. a complaint, or a closing argument at trial,e tc.)   Either way, it means very little, if anything.  It might reflect a legitimate expecation as to what the case is worth, or it might be complete  b.s.  Anyone can ask for anything.  However, it might mean a little more if done in a court proceeding because Court rules require that a lawyer have a legitimate basis for what he/she represent in or to the court.... Read More

I don't practice in Texas, so things may be a little differrent there (for example, there are no juries on small claims matters where I practice), but jury selection everywhere involves all parties.  As for whether it will occur at the pretrial conference (which is what I assume you meant by "pretrial"), I very much doubt it, but, again, Texas may be different.... Read More

Your situation is not clear to me.  Did you receive any money from her?  If so, unless it was a gift, or given to you as payment for something you were providing to her (and there is nothing in your question which suggests that it was either), you have to pay it back.  If you didn't receive any money from her, why would you have to pay her loan?  Is she claiming that she thought you had asked for a loan and she therefore obtained the payday loan, and incurred interest and other charges, in reliance on your statement?  If so, she may possibly have a claim for the interest and other charges she incurred (although I think she has a weak case), but not for the $1,000 principal.   ... Read More

"Informal written testimony" is hearsay - an out of court statement offered to prove the truth of the matter asserted.  The problem with hearsay is that the judge or jury has no opportunity to view the demeanor of the witness while testifying, to decide if he/she is lying, and the opposing party has no opportunity to cross-examine the witness.  Thus, while evidentiary rules are not always strictly enforced, particularly in small claims or other less formal proceedings, I wouldn't count on such "informal written testimony" being admitted into evidence unless it fits an exception to the hearsay rule.  There are many exceptions, especially if the witness is legally unavailable (just not wanting to come or having to miss work is not sufficient), and you may be able to find one which fits.... Read More

A New Mexico garnishment has no effect anywhere outside of New Mexico.  Presumably, your garnishment was based on a judgment.  You have to get that judgment domesticated in Texas.  Assuming the judgment was not on default, this should not be that difficult.  If it was on default, you will have to commence an action in Texas and demonstrate that the New Mexico court which issued the judgment had jurisdiction over the defendant.... Read More

One way to protect yourself is to take security interests in her assets (and make sure you record them properly with the appropriate government authority), so that if she defaults you will be able to sell her assets to get your money.  Another may be to have her purchase credit insurance, so that if she loses her job, dies, or suffers other financial setbacks, the insurance would cover your loan.  The price of this insurance may make it impractical.  Another is to get a confession of judgment as part of the loan transaction (this might be called something else in Texas) so that, if she defaults, you have the right to file the judgment and start enforcement proceedings, rather than having to first file a lawsuit and obtain a judgment.  She would still be able to challenge the confession of judgment on certain grounds, but the burden would be on her to start a lawsuit challenging the confession, rather than on you.  If you can get someone else with sound finances to guarantee her loan, that would give you additional protection.  If she is repaying in installments, make sure that the loan agreement provides that the entire amount becomes due and owing as soon as she misses one payment.  Otherwise you'd have to sue separately for each missed payment, and other creditors may get to her assets while you are waiting for a second payment to be missed.  The agreement should also provide that she will pay your attorneys' fees and court costs if she defaults and you have to go to court to enforce the loan agreement.  Also, rather than loaning her the money directly, you might be better off purchasing her loans from her lenders if you can, since they may have already done some of this (particularly, they may have already taken security interests which they can assign to you; the procedure for perfecting a security interest can be difficult for a layman, and there are some fees involved.) ... Read More

There is no way, from the information you've provided, to answer whether you'll ever get paid and how long it'll take.  Whether you will be able to collect on the judgment, and if so how soon, depends on whether the judgment debtor has assets which can be used to satisfy the judgment, and how recalcitrant the judgment debtor is being.  Is the judgment debtor cooperating in discovery?  Has he/she hidden or transferred assets?  Is he/she working?  Does he/she have a house or other real propertY?  Collection can sometimes be a long and difficult road.... Read More

You can sue, because anyone can sue for anything, but on the facrs you allege (which don't appear to me sufficient for you to get a protective order) you will not win and may be sanctioned for a frivolous lawsuit.  You don't indicate whether this person has ever been convicted of the crimes of which you accuse him, but even if he had been, and even if he wasn't a minor, you can't prevent him from living in someone else's house with the owner's permission.  IF this person actually damages you (for example, steals something in your house) and IF your injury was somehow caused in part or exacerbated by the landlord's negligence (for example, the landlord asks this known burglar to copy the keys to your house), then you might have a valid claim. ... Read More

I think so.  In the states in which I practice (Texas not yet being one of them), the agreement you describe would not have to be in writing, although it would be much easier to prove if it was.  Also (although this doesn't really apply to your situation because you have already performed under the agreement), if the understanding was that you would not have a binding agreement until there was a writing, and there was no writing, there would be no agreement.  Also, you say you have an email where your ex agreed to the contract - that's a writing. ... Read More

Are you one of the people whose information has been displayed or otherwise compromised?  If not, I don't see how you've been injured or would have standing to sue.  However, assuming you have standing, civil litigation would probably be the right area in which to look for a lawyer. ... Read More

You need to get a lawyer because theft, even under $50.00 is a crime of moral turpitude and can affect you in many ways.  Also, Walmart often times will pursue a case and collect on that as well. You will recieve in the mail a letter from them--don't ignore it. You need to hire an attorney in the county or near the county where the incident occurred.... Read More

The answer to this question partially depends on whether or not you signed the purchase agreement and made payment in full under its terms. Assuming you did, you're describing a classic case of breach of contract. The seller promised to send the title within two days and failed to do so. You have possession of the car but no legal right to it until he signs over the title and delivers it to you. You have the right to demand (in writing) delivery of the car title within a reasonable period of time. If he doesn't deliver the title, you can sue for your damages in justice court (uo to $10,000) or small claims court ($6,000). ... Read More