Chais L Sweat's Answers

What are the domestic partnership laws in Texas for gays?

Texas has not recognized domestic partnerships statewide, but Travis County (Austin) has elected to do so. You can register as a domestic partner there by going to the clerk's office, filling out a form, signing an affidavit under oath, and filing the paperwork there. I believe the cost is around $50-$100 total. This registration will not significantly affect your rights in Texas for purposes of dealing with the Texas state government or for property rights, but it may allow for certain...

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We have a small business, LLC, and owe our Bank of America Visa almost $16,000.00 and are 2 months late on a minumum.

The consequences are different depending on whether this card is issued to you personally, or to the LLC. Forming an LLC creates a veil that drops between your business and your personal life. This veil can only be pierced by creditors in limited situations. The veil generally works both ways - business creditors cannot reach your personal assets, and personal creditors cannot reach your business assets. The best thing to do is to keep in contact with your creditors. Sometimes, they are...

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I am being sued by State Farm Bank (a CC). I reside in TX. Need to file a writtn answer by 17 Aug. Do I hve to Hire an attorney

In Texas, an unsecured creditor, like a credit card company, cannot take your homestead to satisfy a debt, even when it has been reduced to a judgment. The following property is also generally exempt: one car per licensed driver in the household, personal property of up to $30,000 for a single adult, $60,000 per married couple (with certain additional restrictions for some classes of property, like jewelery), your "current wages" and qualified retirement accounts. The exemption on "current...

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Need sample demand letter for reimbursement of items ruined.

Many courts in the DFW area have demand letters or fill-in-the-blank petition forms for small claims court. Otherwise, the SMU Law Library or the County Law Library located in the county court building downtown on Commerce street have resources that include places to find sample demand letters. Additionally, you may be able to find a form on some of the consumer law websites on the web, but be sure that you validate all the information contained in them prior to sending it out. Asking for a...

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When you get a judgment aginst you - what happens

In Texas, the laws protects the majority of your most important property from being forcibly taken by a party who receives a judgment against you. They cannot take your home, your "tools of the trade", and you are allowed one car per licensed driver in the household. They also cannot garnish your "current wages", which means they cannot go to your employer and force them to take funds directly from your paycheck and give it to the person with the judgment against you. There are, however,...

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Can a bank garnish wadges in Texas for a repo

In Texas, your "current wages" cannot be garnished to pay for consumer debts, such as automobile purchases. There are some situations, such as child support payments, in which wages can be garnished but none of those exceptions apply to consumer debt. Repossessions are governed by the Uniform Commercial Code, as they are considered secured debts. There are also a number of consumer protection statutes that protect you from being unfairly harassed by collection agents. The creditor has a...

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When the Statue of Limitation starts in my case?

Texas courts are divided on the question. The statute of limitations if 4 years for breach of contract. However, many trial courts differ in their opinion as to when to start counting the 4-year period. Some courts will either look at the date of the last purchase on the account, or more commonly, they will look at the date of last payment on the account. Most courts are beginning to count from 30 days following the date of last payment, or beginning on the date of the first missed payment....

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What type of written answer do I need to respond with?

You need to file a written answer with the court and send a copy to the plaintiff or their attorney. Many courts have fill-in-the-blank forms that you can use to file your answer. Generally, you will need to file a "General Denial" of the claims they are making along with any applicable affirmative defenses, special exceptions, and/or counterclaims. You can also find some of the forms online, though some of these providers will charge a fee. If the plaintiff included any discovery requests,...

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Dodeka, LLC Lawsuit

Practically speaking, it all depends. The question of when the SOL begins to run in these cases is determined differently be different courts. The following are various standards which I have heard judges use for determining when the SOL date begins to run: 1) Date of the last full payment. 2) Date of the last payment, whether partial payment or full payment. 3) The date you first fall behind on your payments. For example, if you miss a payment on Jan 1st and a second payment on Feb...

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I brouhgt a car from Archer Kia June16, 2009 To day August 18, 2009 they want me to bring the car back because they cant finance

Unfortunately, "Yo-yo's" are generally still legal in Texas. There are new laws that take effect on September 1st, 2009 that will address the issue and regulate it. Until then, it will depend on the specific language in the contracts you signed with the dealership. Go through all the paperwork you received from the dealership at the time of purchase and look for a few specific documents: 1) A "Bailment Agreement" or a "Courtesy Delivery Agreement". These agreements go by various names, but...

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