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Jennifer Jane Clayton

Jennifer Clayton’s Answers

59 total


  • Can I sue a supplement shop for improper information?

    Just want to know if I can sue the company that sold me diet supplements. When I asked them if it would mess with my birth control they said no, but now I'm pregnant. Can I do anything about this?

    Jennifer’s Answer

    Birth control is not 100% effective and you would have to prove that the supplement somehow negated your birth control. To say this is a long shot is an understatement. I agree with my colleagues on this one.

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  • Does an email /text message serve as sufficient evidence for a small claims case for someone who owes money?

    I loaned money to a friend last year to help her since she was in need. It was basically an oral contract that she would pay me back as soon as possible. I have an email from her stating that she "gives me her word" that she would pay me back th...

    Jennifer’s Answer

    Yes. While the emails and texts are hearsay, they fall under a hearsay exception. In Texas, that exception is "admission by a party opponent," which basically lets you use a person's own words against them. However, suing someone and winning does not guarantee you will get your money back, plus you could also be out whatever court costs are. You can see what costs are involved by going to:

    http://www.dallascounty.org/department/jpcourts/3-1/jc-fees.php

    If you win and your friend does not pay you outright, you will need to also get an abstract of judgment, file the abstract with the County Clerk which gives you a lien on any real property in the county in which the lien is filed (if she owns real property in more than one county, you can file it in all of those counties). However, until she sells the property, your lien does nothing. You can then get a writ of execution (cost $) and get the constable to go to her place and take whatever can be sold at auction to make up what she owes you plus storage until the next auction, but if her stuff does not make enough to cover the storage, you will owe the constable money. You can get a writ of garnishment (most often done against her bank account), but need to know her bank to force bank to turn funds over to you.

    If she doesn't have the money, a court order is not going to make the money magically appear. Try asking her again. Ask her if she can afford to pay you back and if she can't pay you all at once, ask if she can do payments. If that doesn't work and you think she has the funds and it enough money to be worth it, then file away.

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  • What course of action should be taken? Illegal search of private property?

    A few days ago I was awoke with a hard knock at the door, noticing it was the police I answered and they were about six police fully armed asking for my step son who doesn't live with me but was visiting for his court day. ( This took place a day...

    Jennifer’s Answer

    If the police do not have a warrant then they need at least probable cause or permission to enter your home to conduct a search. If they did not have any of the three, you should consult a constitutional rights attorney as your 4th Amendment rights may have been violated.

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  • My friend and I went shopping, he was caught shoplifting and the store called the police and we left. What happens next?

    My friend and I both went to get groceries at Kroger. Without my knowledge (as we were both buying our own groceries) he tried to just walk out after separating from me in the store. After checking out I go to my car where there is a manager takin...

    Jennifer’s Answer

    By allowing your friend in the car and driving away with him away from the scene of a crime, you basically made yourself an accessory after the fact. Contact an attorney and if police come to question you, tell them you do not want to answer any questions without your attorney present. If they try to tell you it's ok to talk them without an attorney, as you are not under arrest, don't fall for it. They can use anything you say before an arrest just as much as after an arrest if you waive the right to an attorney. You have a right to have your attorney present whether you are under arrest or not. Don't think that because your friend stole without your knowledge that you are ok. Since you knew when you drive away that he stole from Kroger, you ARE an accessory after the fact.

    Talk to an attorney and get friends who won't put you into criminal situations. This "friend" used you to commit a crime and as a getaway driver. Don't have anything else to do with him/her as they obviously do not care about putting your freedom at risk.

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  • An employer is putting you in a room with their lawyer and ask you to sign a new employment contract

    An employer is asking all it's employees to sign a new employment contract. They are doing this on a given day and are to have their lawyer present. The employess have not been given a prior chance to read and consider the contract before being ...

    Jennifer’s Answer

    I agree with the other attorneys' responses, however these answers will only help you if you sign the contract and then later have some claim based on a breach of the contract. From your facts listed above, there is nothing about whether or not you can bring an attorney with you to review the contract on site at the time they wish you to sign. If it is a big concern, you should consider taking a lawyer so it can at least be reviewed responsibly. If your employer has a problem with that, you should be very careful about what you sign and make sure you understand everything in the contract (or you might want to just find a better employer).

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  • I am leaving an LLC partnership, and upon leaving she wants me to sign a contract that bars me from competing in the same area.

    I started a partnership with a colleague in November and we filed for an LLC in February. Along the way we experienced conflicts regarding the direction of the company and I have currently decided to relinquish my duties with the company and resta...

    Jennifer’s Answer

    There is no reason for you to sign such an agreement, especially when you are leaving the business. It limits your options and you get nothing for it. Your soon-to-be ex-partner gets all the benefits and no headaches from your competition. Even if you have no intention of competing with her, you should at least get some type of compensation for signing such an agreement. Just remember if you do, it is a contract and you could be sued for breach if you fail to fulfill your obligations.

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  • What can I do?

    someone damaged property where I stay threatening and cursing me saying he is going to kill me. he broke 2 windows and my girlfriend cut her foot on the glass he broke out of my door. what do I need to do to get things fixed and him put in jail?

    Jennifer’s Answer

    I agree with the above, but you also might want to see about getting a restraing order.

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  • What is a in-camera review?

    What is the exact process of a in-camera review in regards to find if there is Brady in the states file? How does this work?

    Jennifer’s Answer

    An in camera review is when the court (judge) reviews potential discovery items/information that has not been disclosed by one side (prosecution) to the opposing side (defendant) in order to determine if this potential discovery contains any information that must be disclosed to the defense under Brady v. Maryland, 373 U.S. 83 (1963), or other legal authority. The judge will determine if the potential discovery may be exculpatory (i.e., evidence that proves the defendant is not guilty) and therefore must be turned over to the defendant to use to prove the defendant's innocence.

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  • What should I do? I think I'm being scanned

    Two years ago I applied for a loan online..but never got approved and they didn't give me any money. Last year people with strong accents called my phone saying I'd be taken to jail if I didn't pay them and the local police was coming to pick me ...

    Jennifer’s Answer

    This is a scam. Even if you did make a loan, it is a civil matter. The police cannot arrest you for failure to pay a loan, If you have caller id, report the number to the Federal Trade Commission.

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  • If state alleges technical PV to conditions & I plead true can state ever use that against me again? The allegation is false.

    Attorney is advising to plead true to all technical probation violation allegations even though 3 of the accusations are blatantly false. The rest are pitifully weak. He states to plead true is beneficial because state can not allege said violatio...

    Jennifer’s Answer

    If YOUR attorney will not explain why he wants you to plead without giving you an explanation as to why, you need a new attorney. You are the one facing the consequences, not him. Even if he is correct, you need to understand why. If some allegations are true, it might be beneficial to acknowledge those allegations, but it depends on the facts. Without knowing all the facts, it is not possible to offer more advice.

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