John Hatchett McFarland's Answers

Expiration of an Abstract Judgement

Generally, a judgment lapses if no efforts to collect the judgment are made within a ten-year period. So if you get the court to issue a writ of execution and have the constable or marshal attempt to execute it in the county of judgment, and it comes back "no assets," then the judgment will be renewed for another ten years. If those efforts are not made, the judgment lapses and any lien based on the judgment is void.

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What are the consequences in Texas if I don't answer Defendents Interrogatiories & Request for Disclosures?

You don't have to hire a lawyer, but you do have to make an honest and diligent effort to provide the information requested by the interrogatories and to disclose the matters set forth under Rule 194.2 of the Texas Rules of Civil Procedure. The Texas Rules of Civil Procedure are available online (http://www.supreme.courts.state.tx.us/rules/trcp/trcp_part_2.pdf). If you refuse to provide the requested information, you could indeed face the dismissal of the suit and the possibility of paying...

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Does a company have to provide me with legal representation if I am named in a lawsuit?

Understanding that the applicable law differs from state to state, and answering as a Texas lawer: If you are sued for conduct undertaken in the course and scope of your job duties, you probably have a common law right to indemnification from your company for any liability that results from your on-the-job conduct. If the complained-of actions fall outside of your job duties, you are much less likely to have have that right. In fact, the company may have a common law right of indemnity...

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Must a def respond to a pl motion adding more defendants?

As detailed below, there is no need to respond unless you oppose the relief sought; most local rules in Texas deem a failure to respond to constitute consent to the relief sought. If the plaintiff is moving for the right to add more defendants, that means the "joinder period" - the period during which the plaintiff may freely add parties - must have expired (assuming you are in state court; in federal court, leave must always be sought). If you believe that the additional parties are being...

I have been named in a civil suite in FL but live in texas. How do I file papers?

You describe your associate in Florida as a "business partner," but you should recognize that the term "partner" has a specific meaning once you leave the real world and enter the legal world. Unless you were really partners, meaning you agreed to undertake a business venture together and share in your profits or losses, and undertake the other accoutrements of a partnership, you should really be careful in throwing out that word. If you actually were partners and set up the accounts as...

Can my DBA account be garnished after a judgment is entered?

There are two aspects to your question. The first is straightforward: Can an account in the name of your d/b/a be garnished? The clear answer is yes. The fact that the funds are kept in the name of your d/b/a offers no protection from the creditor's garnishment remedy. The second is less so: Can an account in which you deposit your wages (I took that to be what you meant by direct deposit) be garnished? While Texas law does not permit a judgment creditor to garnish wages, that that does...

Rights of patient-can I sue my Psychiatrist

The psychiatrist has given you a diagnosis and "strong recommendation" against returning to work and your "disability center" says it is not enough? I think you have misplaced your aggression. There may be a basis to sue your psychiatrist and there may not, but I would recommend exploring your potential claims against your employer or insurer (as the case may be) with a labor and employment specialist.

It's been 60 days and I can't get a defendant served b/c he's ignoring the citation, so what are my other options?

To add to Mr. Lawrence's answer, if the defendant is evading service, rather than destroying the papers, you have the option under Rule 106 of the Texas Rules of Civil Procedure to seek substituted service. You would file a motion and attach the affidavit of your process server demonstrating that traditional efforts have failed to secure service and ask the Court to permit service by alternative means, such as taping the process to the door of the last known address of the defendant. It sounds...

Small Claims Court What is my response

File a motion to retain, call the court to request a hearing date, and set the motion to be heard on that date by filing a notice of hearing. Remember to copy the lawyers for the insurance company on everything you file with the Court. When you go to the court, go early if you can and ask to review the Court's file. Make sure that you have been copied on everything submitted to the Court. I do not recommend this lightly: request that the hearing be transcribed if possible. When lawyers...

How do i remove this person from the premises

You can file suit to declare your ownership rights in the business, or you can sue the owner for your money damages resulting from her continued assertion of rights in the business. The second route appears somewhat compromised by her apparent continuing ownership of a portion of the business. As an aside, 50/50 owners of a business who are not in agreement find themselves in a very difficult position. Neither has the control needed for the operation of the business. If you have any say...