-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Richard Emory Mcgary's Answers
- 27 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Exception from insurance company on totaled vehicle
A lot depends upon the terms of your policy. Generally, under the Texas Standard Auto Policy, all you are entitled to recover is the "ACTUAL CASH VALUE" of the vehicle. This means fair market value, i.e. what a willing purchaser would pay and a willing seller would sell with neither party being under a compuntin either to buy or sell. Essentially, it is the purchase price of the car less depreciation. NADA and "other" value guides are a general average. Yor vehicle may be in better...
Selected as best answer
2
Attorney answers:
Does TX have a specific legal form to use as DISCLAIMER of beneficiary on a life insurance policy?
Be very careful of trying to draft legal documents for yourself, especially documents to be filed in Probate Court. The disclaimer contained in Sectin 37a of the Texas Probate Codeis an IRREVOCABLE disclaimer. It must contain specific language and be filed within a set length of time. Also, YOU MAY NOT EXERCISE ANY CONTROL OVER THE DISCLAIMED PROPERTY. If you do, the disclaimer is wholly ineffective. The Section 37A Disclaimer is a way for you to refuse all or part of property that would...
3 people marked this answer as helpful
1
Attorney answers:
Can I sue a dealer ship for using my down payment for a trade-in instead of refunding it when loan fell through?
Everything always turns on the terms of the contract. If the contrac provides you get your down payment back should the loan not be approved, you get your down payment back. The problem is they have your money and you want it back. You can write them a demand letter but (based upon what you have stated) they will probably ignore it. More than likely, you need to hire an attorney to make a demand. If suit is required, your attorneys' fees are recoverable. NOTE: THE FOREGOING DOES NOT...
2 people marked this answer as helpful
1
Attorney answers:
Tenant that is not cooperating with move out procedures
If the lease gives the tentnat the right to move out July 31, 2009, you cannot move their possessions to the garage. Their lease gives them the right to peaceful possession of the property. Depending upon the terms of your lease, you may be able to have the yard mowed and do whatever the HOA is requesting and charge the tenant the cost. Without seeing the lease, no one can tell. Right now, you appear to have a bad situation. Don't make it worse by engaging in an act of self help. Wait...
2 people marked this answer as helpful
2
Attorney answers:
I signed contract i was told was permission to talk with my insurance com. but said i was obligated to use them r pay 30%.
My suggestion is to contact a local attorney to discuss the matter. Make sure you take the contract with you. There are a lot of unanswered questions in your posting. I agree with Ms. Koslyn that you may be able to argue you were defrauded into signing the contract but this is not an easy task. Nevertheless, when people realize they are going to have to deal with an attorney as opposed to some unwitting homeowner, this may be resolved very quickly. NOTE: THE FOREGOING DOES NOT CONSTITUTE...
2 people marked this answer as helpful
1
Attorney answers:
What is the cap in reference to salary for child support in Texas?
Generally speaking, The Texas Family Code contains guidelines for the computation of child support. The guidelines are specifically designed to apply to situations in which the obligor's monthly net resouces are $7,500.00 or less. In such cases, the court presumptively applies the following schedule: 1 child - 20% of Obligor's Net Resources 2 children- 25% of Obligor's Net Resources 3 children - 30% of Obligor's Net Resources 4 children - 35% of Obligor's Net Resources 5 children -...
1 person marked this answer as helpful
3
Attorney answers:
If Driver A is at fault and Driver B accepts the insurance settlement, can Driver B's passengers still sue?
Generally speaking yes Driver B's passenger can still sue Driver A, as well as Driver B. If I were representing the passenger, I would sue both. The only way the passenger would not be able to sue is if Driver B somehow had the authority to release the claims of the passenger against Driver A.
1 person marked this answer as helpful
1
Attorney answers:
Should I be worried or seek legal advice?
If you have insurance, I would notify the insurance company of the "claim" being made against you. It's why you hae insurance in the first place. Let them deal with this person. Also, failure to notify an insurance company of a claim may have adverse consequences. If you do not have insurance, you will definitely need legal counsel if they do file suit. NOTE: THE FOREGOING DOES NOT CONSTITUTE LEGAL ADVISE OR THE CREATION OF AN ATTORNEY-CLIENT RELATIONSHIP BUT IS FOR PURPOSES OF LEGAL...
1 person marked this answer as helpful
1
Attorney answers:
Mover holding my belongings hostage
You need to find a lawyer familiar with bills of lading and transportation law. It is very likely you have a claim against the shipper but your rights are going to be determined by the various documents, i.e. the bill of lading (the contract for the move), the "binding estimate," and any other documents between you and the shipper. I am sure the carrier is charging you a storage fee which is reflected in his $3400 demand. Also, there may be damage to your goods from the move. In such...
1 person marked this answer as helpful
1
Attorney answers:
Homeowner Association Fees
You need to look at the Homeowners Association documents that were provided to you at the time of closing. Nevertheless, in all probability the documents provide for interest, collection fees, legal fees, including a title search and preparation of the lien. The only requirement is the fees be reasonable. From the looks of what you are stating, they appear to be reasonable. Your best bet is to try to work something out as to payments without any further accrual of fees and expenses. NOTE:...
1 person marked this answer as helpful