Texas Civil Litigation Legal Questions

Your girlfriend certainly has the right to contest the building's claims that she owes money.  If she is sued, it is likely that her videotape will disprove the claims against her and she will win the case.  However, if you are asking whether SHE has a case to bring against the apartment simply because they have claimed she owes money when she does not, I do not believe she has a claim - she has not suffered any damages from that claim.  If the building, knowing that its claims are false, repeats them to third parties, your girlfriend may well have a claim for defamation and possibly other causes of action, particularly if the building's accusations affect her credit rating.... Read More

In legal terms, you are asking whether a judgment against your corporation can somehow apply to a new corporation under common control which receives a transfer of assets. This is a good question and one which cannot be answered solely from the facts you have provided. Even though people incorporate their businesses for the purpose of limiting the liability of the stockholders, there are a number of circumstances when the corporate "veil" may be "pierced" or ignored. In order to provide a more definitive response, it would be necessary to know something about how well capitalized both businesses are, what the purpose of the transfer is, whether the transfer is for reasonable consideration, etc.... Read More

You have a practical problem in addition to your legal one.  Your legal problem is that you have the burden of proof that you did not give her the diamond, but was only letting her use it and that, now, because you all are divorced, it belongs to you.  This is an impossible task for two reasons (1) no one is going to believe that you did not give it to her during your marriage and (2) if it was yours in the scenario I described above, then you should have fought that and obtained an order requiring her to give it back to you from the divorce court; in other words, it should have been in your Divorce Decree.  Because it was not awarded to you in the divorce, I am sure your decree has language in it that says, "whatever is in her possession is hers and whatever is in your possession is yours."  This is a catchall phrase that is commonly used in divorces.  If that language was in your Divorce Decree, then it belongs to her.  But, because it was not in your Divorce Decree, res judicata applies, which means, your claims are now barred because you should have litigated them before in the divorce case and you did not.  In other words, you cannot re-litigate matters that you should have litigated during the case that was pending between you and her previously.  Your practical problem is that pursuing her to get it back will probably cost more than the diamond is worth.  Unless it is a 4 or 5 carat diamond worth $50,000-100,000, your litigation costs could, and probably will, be greater than the diamond itself. Unfortunately, it is my opinion that you have no tenable legal position that you can non-frivolously assert and, my counsel would be, that you should not throw good money after bad chasing a diamond that may not have much value other than sentimental; but, that probably has less value than what it would cost to get it back. I am sorry to give you such bad and disappointing news.  But, you should get a second opinion, if you still want to pursue it. Kevin Spencer www.spencerlawpc.com... Read More

It is possible.  The question would be if she had what we lawyers call "minimum contacts" with Texas and with Travis county.  I would argue that if she initiated telephone calls to you, then she invoked the jurisdiction of Travis County.  Did she deliver the dog to you or did you pick it up?  If she delivered to you, then you have a stronger case.   In an event, it is very difficult to argue this type of jurisdiction to a justice court.  Most justice court judges are not lawyers and do not have training in complicated jurisdictional matters.  It might be worth a try though.... Read More

Generally, the answer is no.  If the district attorney is performing duties that are generally within the scope of his job as a district attorney, then he has immunity.  That being said, if he or she were acting outside the course and scope of duties as the district attorney, then there could be a case. Generally, libel and slander cases are very difficult.  You have to prove that the published information was false, then you have to quantify damages.  There are several other factors that come into play when the defendant is a governmental worker.... Read More

Most fee arrangements for attorneys does not include the costs of collection.   If your case was settled, if the primary case has not been dismissed, then typically a motion to enforce a settlement agreement could work.   I would recommend that you get an appointment with your attorney and communicate your frustration and ask for a status update on your case and an explaination of what steps are necessary in collecting your settlement.  ... Read More

Yes, you can hire an attorney to represent you.  There doesn't appear to be any reason why you would have to sue the breeder in her state rather than your own, and thus no reason why you would have to hire a lawyer from her state rather than your own.  A lawyer can represent you in court, but if any testimony is required (as it will be if there is a trial), you will have to testify, your lawyer cannot do it for you.... Read More

You should consult the local bar association where you reside for a referral. You will need to be prepared to pay a substantial retainer. The amount you may be required to pay as counsel fees may be a substantial proportion, or even larger, than the amount in controversy. Have you exhausted all efforts to resolve this mattter?... Read More

The answer to your question will depend upon the actual name of the person or entity against whom the judgement was entered.  If the judgment was against "XYZ, Inc." for $5,000 and states that "all writs and processes shall issue", then the judgment creditor has many weapons at its disposal for judgment collection.  If the target is a bank account in the name of XYZ, Inc., then the typical weapon chosen is a "writ of garnishment".  It would involve a second, ancillary proceeding against the bank in question and the judgment debtor, asking the court to order the payment of the judgment debt from the bank (who holds XYZ's money) to the judgment creditor (you).  You will likely need a lawyer to undertake this remedy and I would encourage you to seek professional legal advice on that subject. If the bank account in question is in the name of "John Smith", who was not a judgment debtor, then no, you can't seek judgment collection remedies against that personal bank account.  You would need a judgment against Smith to allow such remedies.  ... Read More

Small Claims Court (Justice of the Peace or Justice Court) is designed for disputes just like the one you described.  If you can't get the matter resolved with your ex-friend, you can contact the local JP court, pay the filing fee, fill out a simple form describing the dispute, then have your day in court.  If you can prove that a contract was formed whereby the friend promised to pay for the ticket, then refused, I think you may have a good case.... Read More

A good start would be to consult with a lawyer who specializes in commercial litigation matters.  It appears that you may have a contract dispute.  Most lawyers would begin the process by sending a demand letter to the party who allegedly failed to make the promised payment.  Sometimes this will spawn a response and some negotiations, sometimes not.  If not, you will need to make a decision on whether you wish to file suit against the offending party.  Of course, the case would likely hinge on the agreement -- was there actually an enforceable contract on which to sue.  Those are difficult legal questions (if there is not a clear written contract).  Hope that helps.... Read More

the general answer to your question is yes, she can get some type of "stay away" injunction, so long as there is a legal need for it.  I recommend that if one is filed, then you consult with a lawyer to figure out whether there is a legal basis for it.  Hope this answer helped.  Sean ... Read More

This is a general answer.... as to set aside the judgment, it depends whether you were properly served with the lawsuit or not -- a bill of review is your way to set aside a judgment.  Nevertheless, your attorney fees in fighting this matter, even if there is a chance for a bill of review, will be much more than the actual judgment.  Based on your fact pattern, I strongly recommend that you discuss this matter with an attorney face-to-face because there are many issues and sub issues that needs to be discussed.  ... Read More

Unfortunately from the short fact pattern that you have provided, I don't see a case.  Nevertheless, under Texas law, truth is a defense to any slander case.  I encourage you to make an appointment with a civil litigation attorney and discuss this matter further.  Hope this helps.  ... Read More

(IIED), is a tort action in Texas, as a plaintiff, you must prove the following elements of the cause of action:  1) the defendant acted intentionally or recklessly; 2) the defendant's conduct was extreme and outrageous; 3) the actions of the defendant caused the plaintiff emotional distress; and 4) the emotional distress suffered by the plaintiff was severe.  I recommend that you contact an attorney and discuss the details of your case with him or her in order to see if you have a case.  Also, an attorney can evaluate other causes of action and not just IIED.  Hope this helps. ... Read More

Your question is vague and need to have more factual basis.  A judgment can be satisfied and released, or if there is an issue with the judgment, the case MAYBE can be reopened.  From your question, it seems that your judgment is as a result of a family law matter.  I recommend that you consult with a family law lawyer as soon as possible.  Hope this helps, ... Read More