Donald F. Maierson's Answers

What is the waiting time period between giving a depostion in a lawsuit and receiving a copy of the deposition?

It sounds to me like you have not retained an attorney to represent you in this matter since these are questions that your attorney would be able to answer for you. If you do not have an attorney then you will need to contact the court reporter and ask for your copy of the deposition and there could be a charge for your copy. At the time you gave your deposition you had the right to request that the court reporter furnish to you a copy of your deposition so that your could read it and and...

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Can my neighbor trap and get rid of my cats legally if they are in her yard?

Your neighbor depending on the method he used to trap your cats, or how he gets rid of your cats could be in violation of the laws of the State of Texas. I suggest that you call the Houston, TX. SPCA at 713-869-7722 for specific advise since the are quit knowledgeable in this area.

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My car was parked at work and a co-worker hit my car. My car is a 2008 and i did not have insurance at the time of the hit.

The fact that you did not have insurance on your car at the time it was hit at work should not make any difference on whether the person who was fault insurance company pays your claim. You are entitled to have the claim paid in full and if your car will take several days to repair the co-worker's insurance company should allow you to have a rent car during the time your car is being repaired. You should ask the lady to give you the name of her insurance company and the claim number that was...

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I need to know about examination under oath

Please understand that the insurance company may hire an attorney to take your statement under oath which is similar to taking your depostion in lawsuit. There may be a court reporter present, or your testimony may be recorded and transcribed later. It is very important that your answers under oath be consistent with the information you perviously gave to the insurance company including information on any written forms you may have filled out concerning your claim. Additionally, the...

I was riding a friend's motorcycle and tipped over causing damages.

The short answer is yes you can be held liable for the repair costs if the trier of facts determines that you were negligent in the operation of the motorcycle and that negligence was the proximate cause of the damage done to the motorcycle. It is also possible that the owner of the motorcycle could also be held liable or partially liable for not warning you that the motorcycle was running poorly and could be hard to handle. It appears that this may be the case where both parties may be a...

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I did not take the rental car company's insurance and got in an accident, now I am being sued what can I do

You should do two things as soon as possible. First contact you own insurance company that has the liability insurance on your personal car to report the accident and send them a copy certified mail of the lawsuit if you have already been served with papers. Your insurance company will then have to advise you in writing if the claims made by the other driver are covered under your own policy. Second you should contact an attorney in your community that can answer the specific questions...

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County Environmental Health Dept

Most Health Departments want to be sure that your septic system does not pose a threat to human health or the environment. This is for your safety and the safety of your neighbors. I am sure you would not want to live near someone who had a defective septic that was not properly working. You did not mention the charge for the inspection so it is hard for me as an attorney to tell you to fight with a collection agencey or the County over the inspection charge. In the County in Texas where...

Cincinnati radio celeb bill cunningham often uses a legal term which sounds something like "posi comitas".cant find it

I believe that Mr. Cunningham's reference is to the Posse Comitatus Act (18 U. S.C., Sec. 1385) which was enacted June 18th 1878. The act is often cited as a major constraint on the use of the military services to participate in homeland security, counterterrorism, civil disturbances, and similar domestic duties. It is widely believed that this law prohibits the Army, Navy, Air Force. and Marine Corps from performing any kind of police work or assisting law enforcement agencies to enforce...