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Orsen E. Paxton III

Orsen Paxton’s Answers

2,784 total


  • Can someone else other than a lawyer draw up a paper for a agreement for child support.

    The mother has agreed on,a set amount that I can pay and I need to have a paper drawn up so I can file. I can't afford to pay $2000

    Orsen’s Answer

    No one who is not licensed to practice law can practice law. Simple, huh? So, you can draw up any agreement for yourself. It will be worthless because you have no idea what you are doing but you can do it. But, no one else can draw it up for you unless they are licensed to practice law.

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  • A landscaper is threatening to take me to court to pay additional bogus fees with no contract, receipt, or signature.

    I paid the landscaper for his work, $1500, which was the agreed upon price. He damaged my sprinkler system several times, causing my water bill to increase by $100, he left a leak in my sprinkler system for 2 days, not to mention he hit a main lin...

    Orsen’s Answer

    All I can say is if I was allowed to pick which side I wanted to represent it would by yours. But, you cannot stop him from filing a lawsuit.

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  • Can I sue someone I gave a personal loan to on an oral contract?

    I loaned a coworker over $6000 and we both agreed the car he was buying with that money would be in my name and that he would pay back a certain amount every month. He put the car in his name, regardless of what we agreed upon. He has made one pay...

    Orsen’s Answer

    Texas will enforce oral contracts that can be performed in less than a year unless there is a law requiring that it be in writing. There is not a law that requires a $6K loan to be in writing unless your agreement was for him to make monthly payments over a period longer than a year. But, you still have to prove the "terms" of the loan, that it was funded, the unpaid balance, that you made a demand for a specific amount, and that the defendant has failed to pay. Your facts are going to make that problematic. You can prove the $1K by documentation, I assume. I don't know how you prove the $5K. It was cash. If you testify at trial to one set of facts and the defendant testifies to a different set of facts you will lose. You will need some other actual witnesses to the oral contract or some documentation. Emails or notes from the defendant could be used.

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  • If I'm challenging a lawsuit that has demanded I pay for court fees, do I need to file a counterclaim for the court fees?

    I'm being sued for credit card debt by a third party who has not given any proof of there ever being an account or of how the account might have gotten the number they claim in damages. I am asking the court to dismiss the case. I do not want to b...

    Orsen’s Answer

    These suits are common. I am betting you were sued in Justice of the Peace Court. If that is correct, you are probably going to lose. There are few rules in JP Ct. and the rules have been changed to make it easier for these types of plaintiffs to win. If they do win, you need to immediately appeal it to the County Court at Law. You will have only 5 days to do that after a Judgment is signed. If you miss the deadline you are out of luck. There are lawyers who defend these types of lawsuits on a flat fee basis. Depending on the amount you are being sued for it might be worth it to hire one. There is no such thing as a "motion to dismiss" in Texas. So, what you are seeking is something you cannot get. There is a motion for summary judgment but you will never get one in JP court.

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  • If I divorce and go with a Deed of Trust to Secure Assumption to get the house, can I take the property tax homestead exemption?

    Hello, My husband and I are considering divorce. We have 1 house and it's a little underwater, so refinancing or selling isn't an option. I am willing to take the house and he doesn't want it, so I did a bit of research and it looks like a DTS...

    Orsen’s Answer

    There is so much more to this than you realize. Please do not try a do-it-yourself divorce with a DTSA form you grab from the internet. Get a lawyer. No one can claim a homestead exemption for ad valorem property taxes unless that person owns the house. When a couple divorces, normally the Divorce Decree says who gets the house and the other spouse convey away his/her interest. The spouse who ends up with title should promise to pay the mortgage. The conveying spouse should get a Deed of Trust to Secure Assumption to protect himself/herself in the case of a default.

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  • My spouse quit a job and informed the corporate office of things going on in the company. Now I'm being targeted. What can I do?

    My spouse outed the company for wrong doing. Now I'm being written up for things no one knew where wrong.

    Orsen’s Answer

    This is really not much to go on. You don't tell us what you were written up for, what your wife "outed", to whom she "outed" it. I don't think you are going to get much help without some actual facts.

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  • If a commercial lease has an incorrect legal description wrong lots/missing and incorrect rent does that invalidate the contract

    Do either of these sections that contain typos that would void/invalidate the lease? the lease verbiage doesn't match the straight lining. I've been billed by the straight line not the verbiage. The values don't match. I.e. month 1-4 $43...

    Orsen’s Answer

    While it is correct that the legal description of the property is one of the most important parts of a lease, errors in it may or may not cause the lease to be void or voidable. A tenant who occupies the property and has access to what he thought he was leasing probably could not void the entire lease. That does not mean that there are no causes of action available. CPAs are for accounting. You should be talking to an experienced real estate lawyer.

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  • Received a citation, need to file a written answer but I received a motion to transfer,does this change my written answer date?

    Transfering from Aransas County to Walker County Petition to modify parent-child relationship

    Orsen’s Answer

    We can only speak in general terms. We cannot give specific legal advice. But, in general the filing of a motion to transfer venue does not affect the date by which answers are due after service of citation.

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  • Can an older adult without adequate care refuse skilled nursing home is she is mentally competent to make her own decisions?

    Can one legally force an older adult to move into a skilled nursing facility if she is capacity and would most certainly be found competent, legally, to make her own decisions?. She does not have any type of brain dysfunction impairing her ability...

    Orsen’s Answer

    Assuming she has legal capacity, she cannot be forced to do anything. It is no different than you. You are free to make poor decisions. She is as well.

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  • Texas Deed of Trust- Information on Power of Sale and foreclosure under defaulted conditions in deed

    My sister and I sold an inherited property including residence and 1.601 Acres in Jasper County Texas. The deed and Promissory note was prepared by Legal Zoom for the respective Jurisdiction. The Borrower has defaulted on several items of the li...

    Orsen’s Answer

    • Selected as best answer

    I have every confidence that your documents from Legal Zoom are insufficient in some respect. But, there is no way to tell for certain until you have them reviewed by an actual attorney who is experienced in real estate law. Assuming they are enforceable, you must first give a proper notice of default and an opportunity to cure. If cure is not made then you must give a notice of acceleration and demand and post a Notice of Trustee's sale prior to a foreclosure in compliance with the Texas Property Code. You don't know how to do any of that. Neither does Legal Zoom. Hire a lawyer.

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