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Richard Kurt Arbuckle
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Richard Arbuckle’s Answers

3,111 total


  • How can I obtain the police report? What are the rules for Texas police reports, especially when officers were at the scene?

    I was involved in a car accident in Austin, Texas, where the driver struck the left side of my vehicle while changing into my lane. An officer who had come onto the scene had lied to me stating that the driver was "cited" and "admitted guilt." The...

    Richard’s Answer

    If there were no injuries, it is usually easiest to just tern it over to your own insurance and let them deal with it. This assumes you have collision coverage. There will be a deductible, but your insurance company may get that back for you. Sometimes people can lie their way out and there is nothing you can do.

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  • Is this activity legal and if it is not can we report it? Also can he sue this law office having him involved in this?

    My boyfriend was involved in a minor car accident where the other driver was at fault. He was contacted by a law office and he began working with them in regards to the accident. He was not injured but the lawyer suggested that he gets checked out...

    Richard’s Answer

    You can sue for a $10,000 penalty if the lawyer engaged in illegal barratry. But the fact that your boyfriend actually went for treatment may be a problem. Talk to a new lawyer about the situation.

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  • I fractured my ankle not work related i cant be at work monday and then light duty for 10 days i have doctor notes saying thi

    I fractured my ankle not work related i cant be at work monday and then light duty for 10 days i have doctor notes saying this but said i cant return to im full duty can my work fire me for missing those days

    Richard’s Answer

    If you meet certain requirements, you may be entitled to time off under the Family Medical Leave act. It is without pay and for a limited time. It also may not apply to your employer. So the answer is maybe.

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  • Could you provide some guidance on msj where other attorney provides false information?

    We are currently in a lawsuit and the defendants lawyer is just throwing nonsense into the msj and hoping it sticks. We hate to say lier but that is essentially what he and what his clients are doing. For example, he states my career is one thin...

    Richard’s Answer

    You need to let your lawyer decide what rises to the level of something the court needs to punish. Otherwise, it just looks like you are attacking the other side as a tactic of your own. Your lawyer is right that it is usually much better to ignore the other side's tactics and just handle what comes up. They will just accuse you of doing something and the judge has no way of knowing who is the bad one. It has to be something really obvious, and that rarely happens.

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  • Can a Nunc Pro Tunc be granted on an incorrect judgement by the Court after a jury trial based on issues the jury never heard

    The Plaintiff had the Judge sign an order after a jury trial that did not in any way relate to the jury rulings, the order was signed on issues the jury never heard. As a result of this order the Plaintiffs proceeded to obtain a writ of executio...

    Richard’s Answer

    We can only give general answers. What a judgment can be entered on is very complex. If you were required to request the jury issue, for example, and you didn't, then the judge may decide it. Since we don't know anything about the case, we do not know why the judgment was entered the way it was. Generally, a nunc pro tunc is to correct a clerical error, and can be later.

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  • Are those comments liable for a law suit against him? What could be done? Threats?

    Market manager threatened to not ok my transfer to another store in a different state if I went to human resources first for a complaint instead of him. He said I didn't have to like him but I had to respect him and his comment was how do u thin...

    Richard’s Answer

    I have changed the practice area to employment law for a lawyer in that area to answer.

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  • Does this mean they are trying to shift the judgement to me personally?

    A company I own in an LLC was sued and a judgement of over $600,000 was awarded to the plaintiffs. After I was notified of the judgement I receive a certified letter from the plaintiffs' lawyer with the correct cause number but instead of the comp...

    Richard’s Answer

    It is obvious that you need to have a lawyer look into this for you. You may be able to check the court's file on line, depending on the court and the county it is in. But to prevent a disaster, the best thing you can do is get a lawyer on your side ASAP.

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  • What do I do

    Was involved in accident on Dec.12, 2015...Was not my fault. And i have a signed contract from her saying she will pay certain amount and she dudnt....now her insurance company says they may not be liable because she wasn't driving her car...I wan...

    Richard’s Answer

    If you were injured, get medical treatment and hire a lawyer. If you are only talking about damage to the vehicle, you can only get the loss of use for a reasonable time and either the loss in market value of the truck or the cost to repair the truck. When only property damage is involved, it is usually easier to just tern it over to your own insurance company.

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  • Do I have any recourse, why should I be punished for something someone else caused? I am out $50,000, And I am now without a car

    Sitting at a stop light, get rear-ended by a 17 year old girl who was texting. They total my car, I already have $33000 invested, I still owe around $15000. Insurance company offers around $16,000 to pay off the car, tells me I may get around $100...

    Richard’s Answer

    You get the market value of the car, not the pay off. She should have at least 25k in coverage for property damage, so don't sign a release until you get the full value. There is a recent case that says you also can get loss of use in addition to market value, but I have not read it closely enough to know when it applies. Also, note that you get the current fair market value of the car as of before the collision, NOT the 48k you paid for it.

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  • How can I help the Sheriff serve writ of execution

    I have a default judgement against a builder. I filed abstract of judgement and writ of execution. The Sheriff called me to let me know that he could not find the builder in the address on file and a new address search does not give him anything. ...

    Richard’s Answer

    • Selected as best answer

    You can do anything legal to help find a good address where the defendant has property that can be seized. You can't seize property, but you can help find it as long as you don't do something improper like trespassing.

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