John S. Fason’s Answers

John S. Fason

Houston Litigation Lawyer.

Contributor Level 12
  1. Can collectors come after the husband if the wife refuses to pay a medical bill?

    Answered about 2 years ago.

    1. John S. Fason
    2. J. Richard Kulerski
    3. Robert Jeffrey Long
    3 lawyer answers

    Generally, one spouse is liable for necessary medical care for the other. This would be true even though the husband did not agree, by contract, to pay this medical bill, and even though the wife put on the forms that she was single. However, the debt collection agency is probably not going to know that she was married, and, as you pointed out, will not have the husband's social security number. The creditor could certainly find out that they are married, and obtain his SS # and date of birth...

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  2. Do I have grounds to file a Motion for Dismiss???

    Answered over 1 year ago.

    1. John S. Fason
    2. David B Pittman
    2 lawyer answers

    Motion for dismissal is a technical term describing procedure. But the rest of your facts and statement concern the merits of the dispute. As far as the evidence that you have, such as the recording, and the potential testimony from your roommate, as well as your own testimony, this is all the type of thing that would be presented at a hearing on the merits, in other words a trial. This is not the sort of thing that would be properly addressed by a motion to dismiss. If you are representing...

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  3. When I bought my house, the bank insisted my husband sign with me. how do I put my house into a living trust for my kids?

    Answered over 1 year ago.

    1. Gregory Herman-Giddens
    2. Carol Anne Johnson
    3. John S. Fason
    4. Steven M Zelinger
    5. Jeffrey Scott Goethe
    6. ···
    6 lawyer answers

    Moving property into a living trust when you are married requires the assistance of an attorney. I suggest you retain an experienced local attorney to assist you. If your husband is agreeable, then your attorney can prepare the paperwork.

    7 lawyers agreed with this answer

  4. I recently purchased a new vehicle for my girlfriend to drive. her name is not on the contract - only mine.

    Answered over 1 year ago.

    1. John S. Fason
    2. J. Shannon Cavers
    3. Curtis Hastings Schwake
    3 lawyer answers

    You have presented a somewhat unusual fact situation and you cannot expect to get reliable advice from this online forum. You need to hire a lawyer, and provide him or her with all the documents and relevant information in order to know the answers you seek. But here are some concepts. Regarding the document that says if you dissolve your relationship she gets the car and you continue to pay the note, and then pay it off and sign over title, it sounds pretty one-sided. Contract law...

    4 lawyers agreed with this answer

  5. How to place a lien on ex tenant bank account

    Answered over 2 years ago.

    1. John S. Fason
    2. Hershel Robert Chapin
    2 lawyer answers

    The simple answer to your question is that you file, in the same court, an Application for Writ of Garnishment. To do this, you must know the name of the bank where she has an account. Preparing, filing, and serving a writ of garnishment is generally something for which you will need an attorney. There are specific Rules of Texas Civil Procedure that deal with garnishments. In essence, you sue the bank, alleging that the bank owes money to her and that she owes money to you because of the...

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  6. Can a preschool hold my W2 if I owe them money and have been paying it off?

    Answered over 2 years ago.

    1. John S. Fason
    2. Bryant Keith Martin
    3. Christopher Michael Larson
    3 lawyer answers

    No, that is improper. The employer has a duty under the law to send the W-2. The fact that you owe some money to your former employer is not a legally correct reason to hold sending your W-2. I am not sure what recourse you have. Perhaps it would be best to call back the school, thell them that you consulted an attorney and they are in the wrong. Tell them that you really do not want to make trouble for them, but if they do not send you the W-2, then you will will have no choice but to file...

    4 lawyers agreed with this answer

  7. Is this considered a breach of contract or a tenant/landlord dispute, and how do I handle this?

    Answered over 1 year ago.

    1. John S. Fason
    2. David B Pittman
    2 lawyer answers

    First of all, you must write letters to the landlord describing the problems. Telling the landlord verbally is not good enough. You need to put it in writing, deliver it and keep a copy. Include in the letter that these people are interfering with your quite enjoyment of your premises, and therefore the landlord will be in breach of the lease if he/it does not take action to remedy these problems. Multiple letters. If the problems are not fixed (either by landlord making these people be...

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  8. Can I sue the original creditor in Texas for harassment for a consumer debt under the Texas debt Collection Laws?

    Answered about 2 years ago.

    1. John S. Fason
    2. Patrick Begley
    2 lawyer answers

    I agree with the advice of the previous attorney. Let me add, the most important thing in a situation like this is to begin a letter writing campaign. You MUST document what has happened. Hand written letters are ok as long as they are legible. Keep copies. You must write letters to the creditor and any collectors that contact you. The letters should go by certified mail, return receipt requested, which costs $6 in postage, but is worth it because then you have proof of receipt. In the...

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  9. A lien was placed on my checking account

    Answered over 1 year ago.

    1. John S. Fason
    2. Patricia B. Cole
    3. Becky Pham Tran
    3 lawyer answers

    Contact your bank again. Ask if it is a "child support lien" or a writ of garnishment? Most likely the bank received a Writ of Garnishment, which is an order from the court telling the bank to freeze the account and to file a paper with the court stating how much money is in the account. Ask the bank employee to tell you the case #, the court name and number (example 14th District Court of Dallas County or Dallas County Civil Court at Law # 4). If the bank employee is really helpful they...

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  10. When you hire a CPA to do your taxes and they make a mistake on your return do they have any personal liability

    Answered over 1 year ago.

    1. Warren R. Westberg
    2. John S. Fason
    3. David B Pittman
    3 lawyer answers

    I agree with earlier comments and would add that when you sue a professional for damages resulting from malpractice, you must use diligence to mitigate your damages. With tax returns, this means you must diligently seek a new return-preparer to analyze whether you can file an Amended return to correct the error of the first CPA.

    3 lawyers agreed with this answer