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Richard Kurt Arbuckle
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Richard Arbuckle’s Answers

2,933 total


  • What if someone is try to sued you and it's not true.

    This is first time you heard of this when you got summon.

    Richard’s Answer

    There is a process. You should get an attorney to make sure you follow it correctly. A judge and the staff are not allowed to help you. Your lawyer will help you file a motion to dismiss and for recovery of attorneys fees, if that is warranted under the details of your facts.

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  • If someone gets a TRO does this place a stay on the eviction hearing in County court?

    An Appeal was done regarding decision on eviction. The hearing has been scheduled in County Court. If a TRO is granted in District Court does it place a stay on the eviction? Does it supercede County Court? Am I required to show up in County C...

    Richard’s Answer

    There are too many variables to give you a definitive answer. It depends mostly on what the tro says.

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  • Is it possible to get money back from a company for services not rendered even if there is a no refunds policy?

    I purchased a treatment package from Sono Bello (non-surgical) but could not tolerate the procedure due to the level of heat used. The technician turned the heat down, therefore rendering the procedure ineffective. She advised me to stop the proce...

    Richard’s Answer

    Whether you are entitled to a refund depends mostly on the agreement you entered into and the details of why you stopped the treatment. There may be other issues as well. You will need to talk to an attorney and show them the paperwork.

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  • My father in law has a serious problem in the way of sexually harassing my sisters in laws.

    This subject came as a surprise when told that my father in law for several years has been sexually harassing family female members who were not his offspring and even would put his hands on there private parts. This happened to several female fam...

    Richard’s Answer

    If a crime has been committed, it should be reported to the police. As for a civil lawsuit, it depends on many practical and legal factors. The injured parties should talk to an attorney.

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  • What does it mean?

    I was in an accident caused by the other driver; he accepted his fault and gave me a recorded statement taht he will pay for the damages to my car. He also contacted his insurance company and accepted the liability BUT I received a letter from his...

    Richard’s Answer

    If Geico is not also your insurance company, send them a letter saying they sent the letter to the wrong person. That way they can't say later they don't have to pay because their insured did not respond. If Geico is also your insurance company, then call them and ask about the letter.

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  • Can a lawyer just engage themselves in a deposition and not the full case?

    I'm a pro se and things are going fine. Is their an ethics problem for a lawyer to just be employed to sit in my deposition to object or is they not allowed.

    Richard’s Answer

    Once a lawyer appears in any part of a case, including a deposition, they must get the court's permission to leave the case. I would never appear for a party in a deposition only. However, that does not mean a lawyer cannot prepare you in advance for the deposition as long as the lawyer does not actually appear. I would not do that either, because you might try to blame me if things did not go well.

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  • Evaluating and selecting personal injury lawyer

    I am now trying to shortlist personal injury lawyers to handle my case. I was hoping to get some recommendations about criteria and tools to help in that process. Example for criterion is how important is the size of the firm? Example of tools...

    Richard’s Answer

    I had to smile when I read your question. Asking a lawyer for the criteria for a perfect lawyer often just gets you a description of THAT lawyer. I don't think there is a good systematic way to evaluate lawyers. I assume you have a personal injury case. Some things that would in general be good would include a lawyer who is board certified in personal injury trial law and the more experience the better. The firm size is not an indication. I used to be a partner in a firm, but not I practice solo and take fewer cases so I can devote more time to each client. I don't think I am less good since I left the partnership.
    Whoever you do choose, I urge to let them handle the case. I good lawyer is not going to take directions from you and do whatever you want. They want to use their judgment as to what is best for your case. If for example you were my client and insisted I file a case as a scare tactic, I would tell you that lawsuits don't scare carriers, and if you still insisted I would resign as your attorney.

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  • My husband filed for divorce and gave me a "waiver of service" to sign and have notarized. What does this mean?

    It says at the bottom "i waive the right to have a citation issued by the district clerk and the right to have the petition served upon me in person. I reserve the right to be notified of any hearings in this case." Is this just saying that i ...

    Richard’s Answer

    You are correct. I wavier of service is just a waiver of having papers delivered by the constable of deputy sheriff. This is a family law question and I will change the practice area. There is more that lawyer who practice that area may want you to know.

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  • If you make bad faith objections to interrogatories judge will waive all objections and make you do it over?

    I called the Avvo $39 legal advice line and the lawyer told me this but I forget where this rule or law came from. So, she said if all your objections are just numerous bad faith objections the judge will deem you waive all objections and make you...

    Richard’s Answer

    Texas Rules of Civil Procedure. Start with rule 193.2 that says objections must be made within the time allowed to respond. Then go to rule 215 for motions to rule on objections. If the judge disallows the objection, then there is no valid objection and the interrogatory must be answered.

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  • I've been subpoenaed as a witness in a traffic accident but I'm from out of state. Do I have to attend? Can I submit a statement

    While travelling to Houston, I was rear-ended in a rental car. I've been told that their insurance has accepted 100% liability. But they want to fight the "Fail to Control Speed" ticket. I've received a Notice to Appear as Witness, but I live acro...

    Richard’s Answer

    ticket case and insurance claim do not affect each other. Call the court and tell them you can't be there for travel hardship. That does not get the insurance off the hook.

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