Texas General Practice Legal Questions

As long as the school, or school district if it is a public school, gives you permission, there should be no problem parking on the high school parking lot.  I suggest you get that permission in writing so you can show it to any employees or law enforcement officers who question you about whether you have permission.... Read More

Yes.  Typically your security agreement with a lienholder requires that any insurance proceeds received for damage to the collateral (i.e. your car) be used to repair the collateral.Since it is a six-year old car, you should consider paying off the lien if you do not intend to get the car fixed.  Paying off the lienholder will enable you to use the insurance proceeds for whatever you like.Incidentally, this is exactly why the lienholder's name is on the insurance check--so you won't use the money for something else.... Read More

Hello Amber, Thankfully it's a fairly straightforward process. Most attorneys who have a client who wishes to fire them do not wish to remain on the case regardless as clearly there is an issue with the attorney-client relationship that could hinder the attorney's ability. Some courts may have a form that you can use, but essentially you would just need to file a Motion for Withdrawal with the Court. While these are normally submitted by the attorney, the Court will consider a Motion filed by the client as well. However, if you're planning on getting a new attorney, it may be easier and better to first hire the other attorney and they would simply draft and file a Motion for Substitution of Counsel instead. Webb County has a form template for criminal cases where the attorney is the one that filed the Motion, but you can likely use it as a guide for what your Motion needs to include: https://www.webbcountytx.gov/DC111th/Forms/Criminal%20-%20Motion%20To%20Withdraw%20Atty.pdf. The key thing your Motion needs to include are the style at the top (the "case heading"), the title stating it's a Motion for Withdrawal, that you no longer wish to have your attorney representing you in the case, and your signature. Keep in mind that after filing it with the Court, you do have to provide copies to your attorney as well as the other side/their attorney. Best,James M. Ringel... Read More

A US citizen spouse can sponsor her foreign national spouse for a green card provided that the foreign national entered the country with permission. If the foreign national spouse entered the country without a visa, it is much more complicated to obtain lawful permanent residency. You should consult with counsel in a private phone call to discuss your case in any state for possible representation.     ... Read More

You may obtain your case documents from the clerk of the court where you case was filed. You will need the Cause Number from your case. If you don't have the Cause Number, you should still be able to find the case by searching for your name in the clerk's records. There will likely be a fee for the documents, but you certainly have a right to get copies of the documents. You may only need the final order, but if you need other documents, you should be able to get them.... Read More

I'm not an expert in this area of law, but it happens that I recently requested a replacement social security card on the social security website, and I had no problem even though I don't have a birth certificate or passport.  I believe I had to answer a few questions on the website.  Once you get the social security card, it shouldn't be a problem to get the rest.... Read More

you do  not have to (except in unusual circumstances not present here) return an unconditional  gift.  Once it is given, it is yours.  However, your son may have a different story, for example he may claim that he was only lending it to you to allow you to use it for a while, or that you were supposed to give him somehting in exchange, or some other story, and it is always possible that the judge/jury will believe him.  The fact that he kept title in his name would tend to support such a claim.... Read More

Anybody can sue anybody for anything at anytime, the question is whether she can win, which depends on many more facts than you've stated.  The fact that you've not ultimately benefitted doesn't matter; if I loan you money to pay for lottery tickets, or to buy stock, the fact that the ticket was a loser or that the stock is now worthless does not mean that you don't owe me the money.... Read More

I know this may not be he answer  you're looking for, but if a sexual partner later claims that he/she did not consent to sex, either because he/sh was forced, or was incapable of consenting due to age, lack of mental capacity, intoxication, etc, don't you think that person will make the same claim about any document he/she signs purporting to give consent?  If the person is too yound or drunk to consent to sex, or if they are forced to have sex, signing a document while underage, drunk, or being forced to sign won't change anything.... Read More

Absolutely, but you have to do it right.  It's not just the words on the page, but also the procedure followed in executing thw will and having it attested to by witnesses.  There's no reason you can't do it yourself, but make sure you're familiar with the proper procedure and follow it.  Also, depending on how old the original will was, it is possible that relevant law may have changed, and you wouldn't want to just follow the same words blindly.... Read More

Did the divorce decree state that y our name is changed? If so, use the decree to change your name with all the government agencies (social security administration, DPS, etc.) If your divorce decree did not change your name, you may change your name by common law simply by using your maiden name on documents. However, you must change your name through a court. If you do not change your name through the courts, you will always have to put your legal name on your most formal documents or use a/k/a "married name" if you do sign your maiden name.... Read More

It's hard to tell how much it would cost.  Cases like this are normally handled on a contingency, meaning the client pays no out of pocket legal fees, but only a percentage of what he/she gets in settlement or after judgment.  However, you would still be responsible for paying disbursements (filing fees, court reporter fees, expert witness fees, etc.)  Moreover, your attorney will have little control over costs.  Your attorney can write a letter and the defendant can agree to settle right away.  Or, the defendant (particularly one with deep pockets) can refuse to make any reasonable settlement offer, insist on extensive discovery, make multiple motions, and thereby delay the case and force you to spend money on the types of expenses listed above.  Your lawyer can't control how the defendant responds to your claim. You didn't ask this, but I don't think your girlfriend has much of a case.  The only damages you mention are that she vomited.  You don't claim that she had any medical expenses or had to miss work or any other monetary damages.  I think she'll have a hard time finding an attorney to represent her on a contingency. ... Read More

It sounds like you may have a valid counter-claim against the contractor. You should file the counter-claim and gather all your evidence to present it in court. If it's small claims court, you should be able to do all the paperwork and represent yourself. The court may have a form you can fill out to file your counterclaim. The court may also make you do mediation, and the two of your might agree to a settlement, but make sure you file your counterclaim before mediation or anything else happens in the case.... Read More