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Teri A. Walter

Teri Walter’s Answers

3,917 total


  • On the fence about filing suit for fairly decent breach of contract (rent).

    Could it work like this (of course no guarantee). I file suit and get a judgment. The person is not in the best position now but if eventually he buys a house down the road I just place a lien on his house (sorry I don't know the specific legal te...

    Teri’s Answer

    As you can see, the answer is both yes, and no. Yes, the judgment becomes a lien on NON-exempt real property, and no, the lien does not attach to a homestead.

    However, 1) sometimes homestead becomes rental property, making it non-exempt, and 2) title companies don't really care. This means that if there is a judgment lien and the only property is homestead, a title company will likely want the lien paid when the property is sold, without asking whether it's homestead. But be aware that if the debtor/seller objects, and claims the property as homestead, you're probably going to have to release the lien on that property to allow the sale to go forward without paying the lien.

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  • Get my name off an LLC.

    I own half of an LLC and am needing the terminate my portion. I do not care about being bought out, I just want my name off of it but not sure how.

    Teri’s Answer

    I can't think of any good reason to do this; if the company is being operated properly, you should have no personal liability. If it's not , or you have personal liability in some other way, giving up your share is not going to fix that.

    That being said, in order to give up your interest in the LLC, first, look at your Company Agreement to see if there are any procedures there that need to be followed. If not, do a written resignation from any officer or board positions that you hold, and assign your membership interests to the other member. This can be done by endorsing the membership certificates, or by written assignment.

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  • I have been getting harassing sales calls from a "pharmacy" for 2 years They are rude and refuse to stop calling What can I do?

    They used to ask for a certain person now they are just rude when I ask them to stop calling.

    Teri’s Answer

    If you can effectively stop sales calls, you should sell it online. I still get sales calls every day, even though I'm on the no call list, and collection calls at least weekly for someone who hasn't had my number in more than 8 years.

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  • Get a paper sign by family member agreeing to pay me?

    My cousin wants me to open a food truck with him, he will pay for everything all I have to do is put it under my name. He agreed to pay me, but I want a paper sign saying that he is going to pay me or I can close the food truck. Where can I get a ...

    Teri’s Answer

    There's a reason that your cousin wants you to be the owner of the business that he's going to pay for, and whatever the reason is, it's not a good one for you. If he has credit issues, he won't pay you either. If he owes money to someone, they'll find a way through the false appearance he's trying to set up, and you'll lose the truck (and won't get paid).. Maybe he is trying to avoid liability when things turn bad - and everyone will look to you to fix whatever the problem of the day is. Run, don't walk, in the opposite direction of this deal.

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  • In Texas, can a city, or the courts, require a landlord to make his tenants move?

    The house next door is a rent house. The tenants have lived there for 20 years. I own my house and pay property taxes. I have been here for 28 years. The rent house may be Section 8, but I have no way to tell. Nonetheless, the neighbors have ...

    Teri’s Answer

    Sorry, nobody can force the landlord to make the tenants move because they're annoying. If you want to control the people in the house next door, you'll have to buy it.

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  • How can a Defendant who lives in another country be served in a lawsuit?

    I live in Texas. My former landlord (who lives in Dubai) wrongly withheld my security deposit. My initial dealings with him were direct, but he eventually hired a property manager who took over all communications. I paid my rent on time, provided ...

    Teri’s Answer

    You are probably going to need help getting the landlord served. Unless there is something in the lease that makes the property manager the landlord's agent for service of process (unlikely), you'll probably have to serve him personally. Service of process overseas is always problematic, but can be done.

    As to how the landlord appears, initially all he has to do is to file an answer. At trial, he could either appear personally, or have someone who can testify to his business records appear. If not, the court will have to accept the only credible testimony it has - yours.

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  • Heirs have been found on the land that I'm trying to build on

    The title company has found other people's names on the land that I inherited from a relative, where im trying to build my house, and the people that names were also on there have died and right now i just dont know what to do. They said at this ...

    Teri’s Answer

    I agree with Mr. Koel. Another possibility is to track down the heirs of the other owner, and see if the problem can be cured that way.

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  • Can I legally move back into a house that my name is also on?

    My ex and I bought a house, my name along with his is on the deed but only HIS name was put on the mortgage loan. He recently financed but has had his nieces and nephews living in the house. His current resident which is his niece will be moving o...

    Teri’s Answer

    In general, if you are an owner, you have a right to be there. However, this would not necessarily be true - such as if there is a lease on the property, or some agreement with your co-owner,

    Since this is your Ex, I can't help but wonder whether there may be a divorce decree that might make a difference here. I also wonder whether there is any equity in the property, since he seems so willing to have it foreclosed, and whether you should look into buying him out.

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  • In Texas can you sue in civil court for theft of services.

    Under Texas Theft Liability Act I see that the amount of recovery is limited to $1,000 so if this is CORRECT I cannot sue in civil court for the $17,000 owed to me by a contractor. I am also suing for breach of contract.

    Teri’s Answer

    The $1000 is in addition to actual damage. In most cases, a simple breach of contract will not be enough to support a claim for violation of the Texas Theft Liability Act.

    But Beware - the Theft Liability Act also provides that the prevailing party can recover attorneys fees - but if you only sue for breach of contract, the defendant cannot recover fees unless he also recovers on a counterclaim. This means that you incur some (probably unnecessary) risk in suing under the Theft Liability Act.

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  • Why do lawyers indefinitely pass on motions for summary judgment?

    I'm following a case for work and I was just wondering. The P filed a motion for summary judgment and it looked pretty good. The D filed a response which I also thought was persuasive. A reply was then filed. On the hearing day the P passed and mo...

    Teri’s Answer

    There could be a lot of reasons for this. It could be that they were, as others have noted, using the motion as a discovery tool, or just don't have any confidence that the court will grant it. It could also be that there is talk of settlement, and the movant doesn't want to risk the settlement by having the motion denied.

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