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Lu Ann Trevino
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Lu Ann Trevino’s Answers

4,083 total


  • What can a independent contractor have a property owner sign to release the contractor from liability to owner faulty equipment

    Aquiculture husbandry went across wood bridge in his taragator on a job . The bridge gave way due to owner not doing proper up keep. Damaged taragator and they are trying to make contractor liable

    Lu Ann’s Answer

    This is an insurance claim question and I am changing the category for you. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation. In the meantime, don't sign anything.

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  • In 2013 I wrote a check for payment on a payday loan for my brother john Tedesco. The payday loan was in my name.

    My brother never paid me back so that I could cover the loan/check amount. So I had to cancel the check at the bank. I'm being told it's going to be turned into the state attorney & I will be going to prison 1-3 years over the $889 total owed. Is ...

    Lu Ann’s Answer

    You probably are not in danger of going to jail for this debt. There is no way for this to be found by TDCJ unless it is being reported to the credit bureaus because there is no criminal complaint. Unfortunately, there is probably not much you can do about the calls and the threats. There are 2 kinds of internet collectors: 1) the ones you can find and 2) the ones you can't. Most of the scary collectors are in the second group. It's virtually impossible to get them to stop and you can't sue because you can't physically find them.

    Demand information about the debt. They will not give it. Do not provide any of your banking information. Finally, beg them to sue you immediately because, if they do, you can sue them for the collection violations.
    You can also file a complaint with the Consumer Finance Protection Bureau. ww.cfpb.gov

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  • I have been working with a temp agency and found another job. I gave proper notice and they are threatening to hold my check.

    The agency is threatening to hold my check until I turn in my name tag. All I want to know is if they can legally hold my check if I have proof of the hours I have worked. I would really appreciate your help on this matter. I have given the temp a...

    Lu Ann’s Answer

    Agree to make an even trade of the name tag for the check to be passed at the same time in person.

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  • Is my Texas Teacher retirement monthly payment exempt from a writ of garnishemnt

    I have my TTR check direct deposited each month. I have heard that this is considered a spenttrift trust and is therefore exempt from garnishment if a writ is served at my bank. How can I find out if this money is safe?

    Lu Ann’s Answer

    Open a new bank account and have the TTR checks deposited there. Do not put money from any other source in that account. Be aware that the federal government can garnishee deposited funds of any kind if you owe taxes.

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  • I need to know what the next step is after requesting discovery in a credit card lawsuit in texas. Company did not respond.

    I am a defendant against midland credit card suit in Texas. I filed my answer, I sent a request for discovery and its been 45 days since that request and midland has not sent anything to court beyond the initial suit. I need to know my next step. ...

    Lu Ann’s Answer

    If your case is in justice/small claims court, you do not have right to send discovery until you get an order from the court permitting it. If you sent discovery with permission, Midland does not have to respond.

    Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

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  • My employer used a corporate card for 20 years in my name to pay operating cost for their travel dept

    They also kept all points. They put it in my name strictly to get/keep the points. They paid hotel bills with that card and each time I had to fax my personal ID to hotels, The two cards in my name were comprised several times yearly. Am I entitle...

    Lu Ann’s Answer

    Probably not because the frequent flyer agreements state that the points belong to the party that pays the bill and that was the employer.

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  • My employer paid company bills wit a corporate card in my name. Is it legal

    For 20 years my past employer paid bills average 300,000.00 monthly with a corporate card in my name. These were not my expenses but the monthly expenses for the company Travel dept. Was this illegal or UN ethical

    Lu Ann’s Answer

    Was this activity being reported to the credit bureaus? Were you ever denied credit because of this account? Did you give permission for the employer to open the account using your information? Unless the employer then stopped paying and left you with a huge unpaid debt in your name, I'm not seeing a problem.

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  • Illegal Employee Pay Structure?

    I have worked 315 hours within a 21 day work week. The company pays a salary of 1500 bi weekly. They subtract 170 hours for the month of say June and that is something they call workable hours. These workable hours is how many hours it would take ...

    Lu Ann’s Answer

    Do you work for an oil exploration or production related company? Are you on call or do you travel from site to site to do your job? If you have an arrangement of that sort it is possible that you are being paid correctly. To be sure, you need to have an employment attorney review your time sheets and pay stubs. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

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  • What kind of Attorney do i need to recover unpaid wages from working over seas as consultant in drilling. Contract labor.

    I was working for a company over seas in Ukraine and i dint not get paid fro my last month wages. I was contracted be a American company named Dan darling Drilling. The Ukraine company is called Zond Sientific Corporation. THey owe me around ...

    Lu Ann’s Answer

    You need an employment law attorney who has experience with executive compensation contracts to analyze the contract for you. This type of claim can be complicated due to the international nature of the parties. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

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  • I worked for a contractor as a subcontractor but he failed the irs employee vs independent contractor test.

    He terminated our work agreement by having another subcontractor fire me and had him go through my personal notebook without my consent or me being physically there. I have no non compete. Can I solicited clients? It is a pool service company. I h...

    Lu Ann’s Answer

    Are you making a claim for the unpaid wages you earned before the termination? You have the right to compete for clients, but be aware your former employer could sue you for tortious interference with business relationships. He probably would not win, but you would have to survive the lawsuit.

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