Skip to main content
Richard Kurt Arbuckle
Avvo
Pro

Richard Arbuckle’s Answers

2,842 total


  • I have a Jurisdictional Question. A suit was filed against me in Texas. I am a New York resident who has been living abroad.

    A Civil suit has been filled against me in Texas. I have no Presence, no Domicile or Place of Business nor do I have any Minimum Contacts in the State of Texas. I also do not Consent to a Texas court as having jurisdiction over me. I have Just ...

    Richard’s Answer

    If you file an answer and general denial, you will have agreed to a judgment against you from a Texas court. You have two choices: 1) Hire a lawyer in Texas to file a special appearance to contest jurisdiction. 2) Ignore the suit and make then come to New York to try and enforce the judgment. In the second case you argue to a New York court that the Texas court had no jurisdiction. The downside to that is that if you are wrong, the judgment is good. The first alternative preserves the point, so if the Texas court denies your special appearance you can defend the suit (file that answer and general denial) you can still argue lack of jurisdiction later. In other words the first alternative says to the court, "If you make me defend, it is against my will, but I will defend."

    See question 
  • Can any person injury attorney help me with my automobile accident case?

    I was in an auto accident on 4/30/15. The other driver was at fault but his insurance company Is not wanting to accept liability. I had an attorney that released me because his insurance doesn't want to accept liability. It clearly states in the p...

    Richard’s Answer

    We are not allowed to solicit business in this question/answer forum. But you can use the AVVO find a lawyer tool to find someone and contact them.

    See question 
  • 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...

    Richard’s Answer

    Chances are P passed the hearing, because P thought the motion would be denied. P may amend the motion and have it heard later or just drop it. P may be trying to get more information to help with the motion before having it heard. Lots of possible reasons...

    See question 
  • Is there a Statute of limitations in which a state college (TX) can charge me if I have already graduated?

    While Applying for grad school. A TX college told me that they could not send transcripts because I owed them for 1,300.00. When I graduated in 2012 I did not owe any fees, infact I graduated with good financial standing. After contactin...

    Richard’s Answer

    There is no statute of limitations on the charge, only on being able to collect it through court. There is no limitation on how long they can refuse to send a transcript if you don't pay.

    See question 
  • State the legal theories andand describe in general the factual basis of your claim

    See Tex.R.Civ.P.192.3 (j),197.1.

    Richard’s Answer

    Tell them a summary of your case. Be detailed. What is your legal theory and what are the facts that back it up. What are your damages.

    See question 
  • Do i need a lawye

    i.rent the home iI live in and the homeowner gave me permission to cut down a few dead trees for winter firewood to heat the home. Upon doing so i.nearly severed my foot off at the ankle with a chainsaw. 2 surgeries and permanent nerve damage with...

    Richard’s Answer

    The homeowner may have some medical payments coverage on their home that does not depend on who was at fault. That might help with medical expenses. Otherwise, no lawyer I know would take the case based on what you have said.

    See question 
  • How to authenticate records?

    I know the rules of admitting evidence, laying the foundation etc. I have phone records that I want to present to a traffic court (jury trial). They are records showing that I wasnt on the phone, using data, or texting. How Do i get these authenti...

    Richard’s Answer

    That is in essence a criminal case. Asking a specific question about a specific item of evidence is impossible to answer without seeing the document and knowing if you have already done things you need to do when obtaining the records. Since criminal cases have their own evidence rules, I suggest you ask someone who practices criminal law what the effect of getting on the witness stand may have.

    See question 
  • I am Brazilian and I was living in Dallas for three years (2001-2003).

    Got involved in a car accident and was accused of running out without provide help, there was no victim. Paid bail and then immediately returned to Brazil. In case I will returno to the US as a tourist do I have risk of being arr...

    Richard’s Answer

    You skipped bail and so yes you might get arrested.

    See question 
  • I need to know what my options are with a contract that an associate and I drew up and he has broken every guideline drawn out.

    I want to sue an associate of mine. In May 2014 we drew up signed and notarized an agreement stating that he would make payments and take full responsibility of all factors that come of having a car. He failed to make payments on time, Failed to a...

    Richard’s Answer

    The big question in these case is always whether the other person has assets to pay a judgment if you get one. You do seem to have a case, but you can't get blood from a turnip. Use AVVO's find a lawyer tool to help you find a lawyer to discuss your options with.

    See question 
  • If someone claims an intellectual property interest in a Domain Name would that claimed interest

    be in violation of 15USC§1125(d). What does it mean when someone says you will violate 15USC§1125(d). if you claim an intellectual property interest in a Domain Name. Can't a domain name be part of your intellectual property?

    Richard’s Answer

    A domain name is definitely intellectual property, but it can also infringe on someone other person's intellectual property. That is what that section is referring to. So if your domain name were mcdonalds.com it would violate that law for you to claim it.

    See question