Texas Litigation Legal Questions

Since you already filed an answer, I don't think that there is anything you need to do at all about the reissued citation.An error in the date would not constitute grounds to quash (which is what I assume you mean by "dismiss") a citation and would not be grounds for perjury, aggravated perjury, or spoliation of evidence.  The citation is simply the legal notice prepared by the clerk of the court telling the defendant that a lawsuit has been filed against them and letting you know when you are required to file your written answer to the lawsuit.... Read More

A quick two-minute check of the Texas Secretary of State's online business records very quickly confirms that there are in fact two different limited liability companies:  Splash Boat Sales, L.L.C. and Splash Boat Rentals, L.L.C. located at the same address in Kingsland, Texas.  There is nothing wrong or illegal about two companies--particularly two pretty obviously related companies--operating out of the same address.  It would also not be wrong or illegal for both companies to share the same owner(s) and/or employee(s).A person doing business with either one or both of these companies would be wise to determine which entity they are doing business with.  It would seem to make logical sense to me that if you were renting a boat, you were likely dong business with Splash Boat Rentals, L.L.C. and if you were buying a boat, you were likely doing business with Splash Boat Sales, L.L.C., but what documents were involved in the transaction--whether a rental agreement or a bill of sale for example--will ultimately provide evidence of which entity was participating in that transaction.They both sound to me like the type of businesses likely to have a fair number of small claims, so a small claim courts judge may very well have encountered this problem before.  As the plaintiff, you have the burden of proof which means you have to prove that the entity you sued is the correct entity--the one you did business with.  The judge may simply be saving you some time so your statute of limitations doesn't expire before you can sue the correct legal entity.... Read More

As the plaintiff, you have the burden of proving that you in fact sued the correct legal entity.  You ought to have presented satisfactory proof that the entity you sued was in fact the correct legal entity responsible for damage to your boat and trailer. If you disagree with the judge's decision and believe that you presented satisfactory evidence, you may be able to appeal the judge's decision.I further note tha since the dismissal with "without prejudice," if the statute of limitations has not expired, you can refile suit against the correct legal entity.... Read More

You may be able to sue the dealership for negligence.  Our justice of the peace courts have jurisdiction over small claims like yours where the amount involved is less than $20,000.  One of the benefits of our justice of the peace courts is that you do not need an attorney, so you will not need to pay a lawyer $25,000 upfront just to try to recover a $7,000 repair bill.  Most justice of the peace courts have pamphlets and brochures that tell you exactly how to pursue a small claim in their court.  You will want to go to the justice peace court in the county and precinct where the dealership is located.  ... Read More

A party (you) cannot be the person who serves the summons (actually , it's called the citation).  You need to send the citation and a copy of the complaint to an officer or private process server authorized to serve such documents in the State of California.  That officer, or private process server, will then send you either a Return or an Affidavit of Service for you to file with the court.... Read More

Defamation is the publication of a false defamatory statement of fact about a person.  From your question, it sounds like the information your sister disclosed was truthful, not false.  Moreover, the statute of limitations for defamation is one year.  Since the disclosure occurred ten years ago, any claim would probably be barred by limitations.  With the exception of nominal damages for certain types of statements which are considered defamatory per se, your question does not indicate how the disclosure caused you to suffer any sort of compensable damages.  Finally, disclosing past medical history to nursing staff probably isn't defamatory.... Read More

A summons is prepared by the clerk of the federal court where a case is pending.  The litigant then sends the summons and a file-marked copy of the complaint to the person who will be serving the summons on the defendant.  If the defendant is located in Texas, that person will most likely be the constable for the county and precinct where the defendant resides or a private process server.  The litigant cannot serve the summons.When that person successfully serves the defendant, they will send the litigant a Return reflecting when and where the defendant was served.  The litigant then e-files the Return with the court.... Read More

Hate to be the one to break the bad news, but you will be very unlikely not find an attorney to take on this sort of case on a contingency fee basis. The probability of recovery in these sort of actions is just too small. Plus, the attorney would have to believe the chances of recovery are so great that they would put up thousands of dollars of their own litigation costs on the hope that they'd recover damages. In a malicious prosecution action, thats just not going to happen. However, you absolutely can find qualified attorneys to file such a suit for you on a retainer/hourly basis. If you are serious about filing suit, and want a qualified attorney to file it, thats the only way its going to happen. No experienced litigator would take a malicious prosecution case on a contingency fee. Good luck. ... Read More

I changed the practice area to litigation, this is not an assault question. Sure, you can sue anyone you like if you pay an attorney to file the lawsuit. However, I would not expect to be able to find any attorney to take such a case on a contingency fee though (you don't pay unless you win the lawsuit).  Attorneys typically never take a case on a "contingency" unless there is provable, measurable injury, where there are provable, measurable damages significant enough to pay the attorney and the harmed party. But if you are willing to pay an attorney a retainer fee that is thousands of dollars to begin working on filing the lawsuit, absolutely - you can sue them. Good luck.... Read More

The title is evidence of your ownership of the rv, evidene which will be very difficult for him to refute, but it is not 100% impossible that someone cannot overcome such evicence.  For example, if someone produced a bill of sale, signed by the title owner, showing that sh/she had sold the vehicle, the judge or jury might find that that person was the actual owner.... Read More

As long as you are no more than 36 months apart, yes. If you are more than 36 months apart it will be considered statutory rape and you face some serious consequences ranging from jail time to having to register as a sex offender. Do not risk it if that is the case. All it takes is for your girlfriend to get mad a report you.... Read More

Adverse possession is a way of acquiring property, generally real estate, without a voluntary transfer.  Although the rules vary by jurisdiction, and there are a lot of nuances and technicalities, basically if someone openly occupies property for many years (how many varies by jurisdiction, but generally at least 10) without the true owner's permission, and the true owner takes no action to claim the property in all those years, it becomes the property of the person who has occupied it.  In some jurisdictions the occupier must have acted under claim of right, in other words they must have had a reason to believe that the property was theirs and they weren't just trespassing.... Read More

The simple answer is that the Trust is the party that has the necessary standing to bring the suit for the breaches of trust.  However, in this case, because the "bad-actors" are - NOW - the Trustees, they are never going to sue themselves.  As a result, the beneficiaries, how are not in control or who are not the bad-actors, essentially, "move-up" or "step-into-the-shoes" of the Trustees for purposes of suing the Trustees for breaches of fiduciary duty.  It appears that case has or cases have already been filed.   If you have an interest in the Trust - meaning, you are an "interested person" in the trust - then you have a right to be heard in both lawsuits and should enter your appearance, so you can be heard. Obviously, the size of the trust will determine how much you should spend, but, typically, people to do not steal from trusts that have little to no value. If you need assistance, call us today. Sincerely, Kevin Spencer (214) 965-9999 www.spencerlawpc.com ... Read More

You will have a right to a hearing before being excluded from your house. Since your 15 year-old will be with you, you are more likely than your husband is to win the right to stay in the house pending final hearing of your divorce case. You'll need a lawyer, but you don't need to file for divorce yourself in order to preserve your rights. Good luck.... Read More