Questions tagged [texas]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Texas.

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3
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1answer
50 views

Interpretation of “and” for conditions on when a law applies to a person

My question is also about this legal language structure in general: "This law applies to a person if they X and Y." I read this as a strict and, that the law applies only if the person ...
-1
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1answer
73 views

Is a non compete clause in an offer letter enforceable in Texas?

Can a company enforce a non compete only mentioned in an offer letter in Texas ? Suppose that the offer letter made mention of non compete/ non solicitation once: “A 6 month non-compete/solicitation ...
-2
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2answers
69 views

Landlord Reneged on Text Message Early Exit Agreement

San Antonio, TX On March 13th, 2021 I was informed by my landlord that the house I have been renting for three months was about to be listed on the market for sale. During that phone conversation, the ...
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1answer
61 views

Can I use the court report to show false statements? [closed]

I have filed a Motion for New trial in Texas. Lots of prejudice and bias on my end (not just me - all involved agree, of course). I had 5 hearings in 1 day, attorney quit week before (I caught her ...
0
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2answers
3k views

Do judges really care about perjury?

Much of what I have read gives the impression that Judges expect the parties in a divorce to lie. But if the lie is persuasive, it prejudices the Court. I do not see pointing this out to a Judge ...
0
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2answers
36 views

Findings of Facts and Conclusions of Law

In a divorce case, when Findings of Facts and Conclusions of Law are signed by the Judge, but they have errors or false statements, can the requester respond and ask for more clarity? Does it serve a ...
-1
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3answers
47 views

Preparing for Motion for New Trial [closed]

What is needed to prepare for a Motion for New Trial Hearing? My understanding is I will get to make an opening statement, opposing counsel will list reasons to deny and then I will get to discuss my ...
-1
votes
1answer
78 views

Can Findings of Facts and Conclusion of Law be corrected

When Findings of Facts and Conclusions of Law are signed by the Judge, but they have errors or false statements, can the requester respond and ask for more clarity? Does it serve a purpose to request?...
31
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6answers
7k views

Is it legal to go take my license plates off a car I sold, without realizing I should keep my plates?

I sold a car a year ago in TX and didn't realize that I should take the plates off. The buyer has taken full advantage of this and is racking up lots of tolls in my name. Fortunately I'm able to get ...
4
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1answer
48 views

Can a Power of Attorney nominate a successor/backup?

I have my Dad's Power of Attorney, and he is in assisted living and hospice. I was the backup for his wife who died. Since I'm single, can I appoint someone else in case something happens to me? Or ...
1
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2answers
126 views

10-day Demand Letters in Texas

Some Texas districts/counties publish a 10-day demand letter that can be used when trying to retrieve property from a person, such as Cleburne, Dallas and Houston. Some of these letters reference ...
0
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1answer
155 views

Criminal? Vehicle stolen by family member

If a policeman refuses to record or investigate a crime, such as a vehicle theft by a family member where the case could be borderline criminal or civil. What can one do to give the police department ...
0
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1answer
46 views

Can I become a resident without changing my car registration? Co-lessee and lease are in Texas; the car and I moved to Pennsylvania

Recently I moved to PA after graduating from WV. I, my car, and my car's lease (from a credit union) are from Texas. When I leased, my dad got on it with me so I could go through his credit union. He'...
1
vote
1answer
46 views

Second lien forecloses but does not pay off first lien

Our house was foreclosed by a roofer who put a lien on our homestead in Texas. The roofer bid $3000 against his $80000 lien. He has not done anything else. He has not paid off the first lien, a ...
4
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2answers
251 views

What standing does one state have to determine if another state(s)' implementation of their own constitution violates the federal constitution?

Background Various media outlets have been reporting on the notoriety and expansiveness of State of Texas vs. Commonwealth of Pennsylvania, etc.. This lawsuit alleges the following: • Non-...
0
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0answers
13 views

Beneficiary's Right to Obtain Trust Agreement in Texas

In the state of Texas: Assume a trustor creates a revocable living trust in Texas and that the trust agreement names a beneficiary to receive a sum of money on the trustors death. After trustors death,...
0
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0answers
46 views

Are “refunds if the Astros win” gambling in Texas?

An NPR article on 10-27-2020 covers a Texas furniture salesman - "Matress Mack" - who promised refunds on matresses if the Astros won the World Series. Is there some loophole in the Texas ...
0
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1answer
42 views

any restrictions on transferring money from personal to business account

I'm starting a company and was wondering if I can use the income from my day job to fund my company until things are up and running. Basically I'd transfer funds from my personal account to the ...
0
votes
1answer
234 views

Possessing a 'shotzooka'

Billy lives in Texas. He loves weapons. Above all, he loves practice shooting with his shotgun, which he jokingly nicknamed shotzooka. One summer, Billy decides to innovate. He spends his days adding ...
-2
votes
1answer
169 views

Intentionally assisting a suicidal person

Bob posts on an anonymous online board that he wants to kill himself. Alice reads his post. She visits Bob's home and hands him a gun. However, Alice warns Bob not to use the gun to kill himself. He ...
-1
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1answer
120 views

Is a notorized “Agreement” between buyer and seller binding?

Bought a vehicle from a dealer couple of months ago only to have my insurance refusing to insure it due to fraudulent odometer reading. I ran my own history report and sure enough, it was rolled back ...
-1
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1answer
91 views

How long do a man and a woman live together before they are considered common law married?

How long do a man and a woman live together before they are considered common law married in Dallas, Texas?
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2answers
58 views

Can a district rescind an offer of employment?

I applied and interviewed for a school counselor position--I am highly qualified, have experience and fantastic references. The principal called me at 6 pm to offer me the position. I said I wanted to ...
1
vote
1answer
115 views

Can you revoke consent to record a conversation in Texas?

A person who was conversing with me in my house, revealed after the fact that they recorded a personal conversation. I became concerned where this was being stored (for later use) and if it was shared ...
0
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1answer
105 views

Can a man have invasive medical procedures forced on him during a paternity dispute?

If a woman has a man's child and does not acknowledge him as the father, can she later force the man to give blood as to prove him the father (If she for instance decides his money is good enough ...
3
votes
1answer
142 views

What sentence would a person “hypnotized” into committing a crime get?

I'm a writer and, in this murder mystery I'm writing, I'm trying to see how sentencing laws would apply in this scenario. If a person was arrested for killing somebody but then it is later found out ...
2
votes
2answers
99 views

What are the exact charges Fort Worth has dropped in relation to the recent unrest in the US?

Fort Worth has dropped all charges against people arrested for "rioting" related to the George Floyd protests. This seems insane to me, which makes me think there is more to this story. ...
-5
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1answer
97 views

Does Texas tenant-landlord court also lean towards the landlord when it involves the health of children under the age of five?

Its clear from what I have observed that a tenant in Texas can have a broken air conditioner or garbage disposal unit which can lead to stagnant water and the landlord will do their very best to not ...
-2
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2answers
98 views

What case law set the precedent in Texas to absolve landlords of being responsible for the behavior of their tenants?

So I learned the hard way that in Texas its best to rent from a landlord offering a single family home and not from an apartment complex because in Texas quiet enjoyment is only recognized between the ...
2
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1answer
161 views

Can you refuse to rent to students in Texas?

I was recently looking for a new place to rent in Richardson, TX when one of the places I had contacted took me by surprise by opening with “no students” amongst a few other requirements. Is this ...
0
votes
1answer
88 views

What action can a tenant take if a property manager refuses to provide name and address of owner in Texas?

So it is my understanding that in Texas under Texas Property Code Section 92.201, a property manager has a duty to disclose the name and either street or post office box of address of holder of record ...
22
votes
1answer
6k views

A sitting judge is claiming to represent a client against me. Should I file a bar complaint?

We recently had to fire an employee for cause. After we sent an email to the former employee asking for a password to an account that belonged to the business, we received a reply from a person who ...
0
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2answers
46 views

Isn't a lease violation enough to evict someone in Texas?

I made the mistake of picking one of the worst apartment complexes an educated nuclear family can choose in the state of Texas. I have reported problem neighbors in the past and have been told, "...
-1
votes
1answer
114 views

Tenant's Son Living on property

Have a tenant who moved son in with them without asking permission. Son not on lease. Has been living there for about 3 months before this was discovered. Asked tenant to move son out. Asked tenant ...
0
votes
1answer
80 views

Meaning of “the approval of First Mortgagees holding mortgages on Units…”

I've been a condo association President for a couple of years now and I keep finding older residents that have come up with their own interpretations over the years, so if something isn't clear, I do ...
2
votes
1answer
53 views

Employer is paying me hourly, but not paying me overtime

Can an employee be Exempt and hourly? Currently I work for a private company in Houston, TX as an Director of Nursing - Case Manager, I get paid hourly, but don't get paid overtime. Can anyone please ...
2
votes
1answer
287 views

What exactly does “It is a defense to prosecution” mean?

Consider the Texas Child Safety Laws found here: https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.412 It says in one place: (c) It is a defense to prosecution under this section ...
0
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2answers
255 views

Accusing me of committing hit and run (when I didn’t)

I got a call from an investigator from Arlington Texas informing me that a couple has accused me of hitting their car in in December in their apartment complex parking lot. The husband stepped out of ...
0
votes
1answer
76 views

Can one tenant consider breaking the lease on the part of management if a neighbor violates smoking policy in Texas?

If a neighbor is being exposed to second hand smoke in an apartment complex and the other party doing the smoking is doing it in a way that breaks the lease, could that be grounds in Texas for the ...
1
vote
1answer
177 views

Can land lord prevent room sharing overnight due to religious reasons? We both pay rent separately and have two separate rooms

Landlord is trying to prevent bf and I from sleeping in one room overnight. We both have our own rooms. However I mostly just use it to change and store my stuff. He made a written agreement after I ...
0
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2answers
199 views

Pregnancy discrimination. Wife asked (but not forced) to quit job. What further actions can we take? [closed]

Not long after my wife informed her Lead she was pregnant, the Lead sat her down and encouraged her to consider quitting in order to be with the family. We plan to go to the HR department about this ...
3
votes
1answer
74 views

Refusing income or payment without tax liabilities

I am part of a non-profit organization that is insisting on paying me for my time. For personal reasons, this payment is more costly for me to accept than to disclaim it entirely. Is there a proper ...
2
votes
0answers
330 views

Nuisance neighbor shining green laser light into my bedroom window

Does anyone know if its illegal to shine a green laser light into someone's bedroom in the state of Texas? I know its illegal to shine it on police officers, but it seems other citizens are open game ...
0
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0answers
50 views

Remarriage after divorce

I just had a question about remarrying after a divorce. Is it legally required to show a divorce decree at the time of remarriage? Also how would it effect the marriage registration if one didn't ...
3
votes
2answers
98 views

Which state's statue of limitations for debts applies, for credit card debt?

I used to live in South Carolina, USA and lost my job. As a result I defaulted on credit card debt. I have not paid anything on it for the last year and the debts were "Charged Off", and are in ...
2
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0answers
45 views

Does a broken light in a common area qualify for repair-and-deduct in Texas?

I have placed two work orders to management at my apartment complex for a light that has been out for over a week in the breezeway of my apartment complex making it really dark at night and a ...
0
votes
2answers
5k views

Is shipping an 80% lower to someone in Washington Illegal

I was apart of a conversation where one person who lives in the state of Washington wanted someone who lives in Texas to buy a glock 80% lower for them and ship it to them in Texas. To me, this sounds ...
0
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2answers
85 views

What motions to file or action to take with an uncooperative court clerk?

I've filed pro se motions in traffic cases before, but this case has me stumped. I was stopped and ticketed for a minor traffic violation of texting while driving and received a court date. When I ...
0
votes
1answer
39 views

How does Texas law determine what business owner is misclassifying?

I just happen to be reading this article, and as an independent business owner it upsets me how the media paints business owners who have independent contractors as "misclassifying" their employees. ...
0
votes
1answer
526 views

Transferring non-operational vehicle title to new owner in different state

I recently got married, and my new father in law gifted us a classic vehicle that needs a bit of repair to be operational. The vehicle is currently titled in California as a non-operational vehicle, ...

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