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John S. Fason

John Fason’s Answers

256 total


  • What can I do if attorney won't return my money and documents?

    I went to an immigration attorney to take my case he told me the amount of money he was goin to charge to take my case I gave him $2000 half of what he asked and the next following day I went back and told his assistant I didn't want to continue w...

    John’s Answer

    I agree with Mr. Land's advice. There are some immigration attorneys in Houston who take advantage of clients, and some are even still collecting attorney's fees after being disbarred or suspended by the State Bar of Texas. Attached is a link for the State Bar website- go there and search under the attorney's name to see if his license to practice law is in good standing. If it is, then he should respond to a threat by you to file a State Bar grievance. If he is not, then you can file a report with the local police (its illegal for a suspended attorney to take money from clients). Also attached is a link to information about how to file a grievance.

    Keep calling the office and tell the phone receptionist everything, including that you have consulted AVVO and tell her the information that you have been given. Let her know that this is a serious problem that will not go away and will only get worse for the attorney unless he complies with your requests. Good luck.

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  • What can I do?

    I conversed with a salesman about a vehicle. He explained to me that I'd been approved & wanted me to come into the office. I knew I couldn't get approved with 2 vehicles he advised me to let my current car get reposed (I have documentation) I fin...

    John’s Answer

    You need to hire an attorney to file a consumer fraud lawsuit. You have been a victim of false, misleading, and deceptive acts in connection with a consumer transaction. There is a law called the DTPA, Deceptive Trade Practices Act, which was designed to help victims in your situation. Car dealers hate it. I suggest you find a local attorney to represent you and threaten a lawsuit for damages, attorney's fees, and treble damages. You should also file a complaint with the local Better Business Bureau. You should also file a complaint with the Texas Attorney General Consumer Fraud Division.

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  • My wife wrote a check of my checking account and signed the check with out my consent can i sue her for that?

    she is not authorized to signed my checks i went to the bank and they said that the check was paid her name is on the account but for pod only..i guess that is not the first time the she does that. i would like to know if i can press charg...

    John’s Answer

    Whether you can sue her (civil suit) is a different question as to whether you can press charges (criminal suit). Most likely the the police will not accept any criminal charges because she is your wife and Texas is a community property state. What did she do with the money? Did you receive any benefit from the check? Did she use it to pay a household bill or medical expense that you would be liable for also? If the answer is yes, then you cannot pursue it.

    I suggest you write a letter to your bank, and hand deliver it, stating that the check was unauthorized. If she forged your name to the check, then put that in the letter too. The bank is only allowed to charge your checking account for transactions that are authorized by you. If you promptly notify the bank in writing that a specific transaction is not authorized, then the bank has to investigate and should credit the money back to the account. As a condition for crediting the money back, the bank may require that you agree to cooperate with the bank if the bank files criminal charges. If the bank does not credit the money back, then I suggest that you (1) sue the bank [even in small claims court] and (2) close the account and open an account at a new financial institution, such as a credit union.

    Yes, you can file a suit against your wife. It is called "conversion" when someone takes money out of your bank account without your permission. Your wife may defend the suit by claiming that the money in the account was community property, and most likely the judge of justice of the peace who hears your suit will want you to answer the question of whether or not the money in the account that was taken out by check was community property or not. If it was money you inherited, then it was not. If it was money you earned while married, then it is community property. Distinctions between community property and separate property can be very complicated depending on the facts, and I suggest you consult an attorney.

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  • Is a lost asset recovery firm legally entitled to recovery fees agreed on by email agreement

    They only notified me of it. I did all the work to collect the funds.Is the email agreement legal and binding?They are in California and I am in Texas.

    John’s Answer

    Yes, you can make a binding agreement by email. It depends on the words used and the content of the agreement, and there are other considerations as to what is required to make a binding contract enforceable. But to focus on your question, yes, a binding contract can be entered over the internet, including by the exchange of email. What did you agree to? What was the "lost asset recovery firm" supposed to do to earn the fee? Did the firm do what it was supposed to? Is this a situation where you would not have known about the asset if the firm had not told you, but in order to gain the information you had to first agree to pay a fee to the firm?

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  • What are the steps I need take to obtain legal ownership of personal property and vehicle that has been abandoned on my property

    the owner of the property and vehicle is my Ex fiancé. Sometime in March of this year was the last communication I had with him via phone call, he informed me that he was moving but would not tell me where. I have tried many times to contact him v...

    John’s Answer

    Unusual situation. I am not sure that you can obtain legal ownership and title to the vehicle. The first thing that I can think of is that you charge him storage fees. Prepare an invoice for a reasonable daily rate for storage of the vehicle on your property. You may need to find out the official address registered for the vehicle in Illinois in order to have an address to send a certified mail letter for the storage fees. You may need to either contact the Illinois Dept of Motor Vehicles or hire a private investigator. However, this may not work under Texas law unless you are a licensed vehicle storage facility. See attached links.

    Ultimately you will need to file paperwork in Illinois, so you may want to look at Illinois law for vehicle storage liens, or for forms and procedures to get a title issued in Illinois. Probaly similar to the requirements to transfer title by enforcing a mechanic's lien on a vehicle. You may need to contact the Illinois Dept. of Motor Vehicles.

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  • If there has not been a witness list from the opposing attorney, can they call myself (defendant) or anyone else to testify?

    I am being sued for breach of contract, but didn't own the company and have proven that to the plaintiff's attorney, but I am going to court. Will I have to answer questions from the attorney's or will the judge just listen to both sides with no ...

    John’s Answer

    Your question concerns finer points of trial procedure. It depends on which court the civil case is in: Justice of the Peace, County Civil Court at Law, or District Court. It also depends on the judge. Most judges have discretion to enforce or not requirements such as disclosure by advance witness list. Also, whether or not a witness list was required may depend on what pre-trial request for discovery were served in the case.

    If you really need to know the answer to your question, you need to consult with an attorney who can review the file and applicable Texas Rules of Civil Procedure. If you are pro se, meaning that you do not have an attorney but instead are representing yourself, then you need to go buy a book called "O'Connor's Texas Civil Trial" from the Jones MCClure publishing company.

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  • How does one claim a sum of money if one is named in the will as beneficiary

    My mother left her credit union account balance to my two brothers, and named me personal representative. In her will, she designated both men as equal beneficiaries. Before we found her will, I went to the credit union to see who she had named a...

    John’s Answer

    You probably cannot take the will to the credit union and obtain the money. I suggest you consult a local attorney in New Mexico who handles probate matters. Most likely the credit union will freeze the account upon learning that your mother has passed away and then not release the money unless you come to the bank with a document from the probate court clerk called "Letters Testamentary." Such a document is typically issued by the court clerk in recognition that you are name din the will as personal representative of the estate, but only after the probate court judge has ordered the will admitted to probate.

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  • I need help i have suntrust bank account and have a problem

    i deposit 400.00 in to my account, at the sun trust ATM ,the atm took the money and deposit a receipt that an error happen and it never retrun my money to me, and its not in my account at all i called the bank and i was told i had to wait 20 t...

    John’s Answer

    You need to write a letter to Suntrust making a demand for your $400. Make copies of your receipt and other papers related to this. Put in the letter that you need the money to pay your rent, and describe the consequences of the bank's error. Keep a copy of the letter, and hand deliver it to a Manager of Vice President of the bank. Get the name of the person you delivered the letter to.

    Chanes are the bank will act slowly and use all of the 20 to 30 day estimate. You will probably need to retain an attorney to sue the bank. Or you could do it yourself in small claims court, which may really be a good idea, because it will get the attention of the bank quickly. If the bank has to hire a lawyer to defend a small claims lawsuit, the lawyer will say to the bank, just pay this person the money that is owed. You can sue for the $400 plus all the costs of filing suit. I do not know the filing fees in Florida for small claims court, but I would guess something like $30 to the court clerk and $70 the Constable to deliver the lawsuit papers to the bank.

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  • Can I sue a bank for discussing my personal account with a family member?

    I was on my grandmothers joint account. I took care of her bills after my grandfather died. My grandmother kept her check book so most of the time out of convience, I would transfer enough from her account into my personal account to pay her b...

    John’s Answer

    Yes, sue the bank for defamation. It is not ok under any circumstances for the bank employee to tell another family member that you were stealing from your grandmother. I suggest that you contact a local attorney to write a letter to the bank, and to proceed with a lawsuit against the bank.

    As far as the technical question about disclosing information, this action by the bank may not have been wrong. When the cousin was added to the account by your grandmother and your grandmother told the bank that the cousin was authorized to act as her agent, it meant that the bank could give to the cousin the same information that it could give to the grandmother. Since the records of transactions in grandmother's account included transfers to your account, it would be proper for the bank to provide to the grandmother (and her agent) a list of dates and amount of such transfers and to identify the account into which the funds were transferred as being your account. Beyond that, the bank should not provide information as to what you did with the funds after being received into your account.

    I also suggest that you close your account with that bank. If they are going to accuse you of stealing, then you do not want to do business with them.

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  • Who should have the joint checking account?

    I have been paying all the bills out of the joint checking account since he left...I had to call him and remind him that he was two months late with his deposit into it for paying the mortgage. Now he has requested it to be given to him as he is ...

    John’s Answer

    It is hard to answer your question because you have left out much of the story. Are the two of you married? Why do you have a joint bank account? Apparently you both contribute towards a mortgage, why? Are both of you listed on the title to the real estate as owners and both listed with the bank as being liable to pay the debt? If you were married, and he left, then consult an attorney who handles divorces to find out what your recourse is in this situation.

    If he is untrustworthy due to problems with alcohol and Rx drugs, then no, don't give him the money to pay a debt that you owe to the bank. That is just an obviously bad idea. Pay the bank directly. IF he is untrustworthy in this way, then close the joint account and open one that only you can sign on - or else do not deposit your money into the joint account. HE could drain all your money out of the joint account.

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