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Benjamin Kirke Sanchez's Answers
- 70 Legal Answers
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2
Attorney answers:
What does my husband need to include in his motion for new trial? And can he do it without a lawyer?
Look at Rules 320, 321, and 322 of the Texas Rules of Civil Procedure, which can be found at http://www.supreme.courts.state.tx.us/rules/trcp/trcp_part_2.pdf. Please note that the Motion must be verified with an affidavit that is signed and notarized. The Motion must be specific. If you are in County Court or District Court, a motion for new trial must be filed within 30 days of the judgment and must be heard within 105 days of the judgment or it will be overruled as a matter of law. Once...
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2
Attorney answers:
Mechanic lien
I am a construction litigator in Houston. Suppliers and others who contract with your subs have to provide timely notice of their contracts and claims to have lien rights. The answer to this question would have to depend on how long after the material was supplied and how long after the job was completed that the supplier came to you. I assume you held retainage until the end of the job, but had to let it go once the job was complete and now claims/notices were sent to you. Also, lien...
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3
Attorney answers:
Probate
The act of driving the vehicle is not illegal. However, those involved with the probate have a duty not to waste the estate's assets. Driving the car adds wear and tear on the car, making it less valuable the more miles are added to it. So, although not illegal, I would not drive the vehicle so as to avoid a claim that you wasted the assets and should pay the difference in the value of the car upon death and after you drove it.
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2
Attorney answers:
Can landlord make me pay rent for month I didn't live in complex?
In addition to the private lawsuit, you can also contact the Consumer Protection Division of the Texas Attorney General. They may be able to get involved fairly quickly and help you without you having to file a suit. Take a look at the link below.
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3
Attorney answers:
Getting a lawsuit thrown out of AR and into a TX court, motion and procedures
You can file a plea to the jurisdiction without filing an answer and have the jurisdiction issue decided first. If you file an answer, you could possibly lose your right to object to the jurisdiction. Be careful and consult an attorney!
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4
Attorney answers:
New auto contract
If you believe the damage and potential repair are serious flaws in the vehicle and cause the vehicle to be in something of less value than what you bargained for, then you should probably NOT take delivery of the truck and simply hash it out with the dealer. Taking delivery after a known problem might be considered a waiver, so I would advise against it. I do not know the details of the Texas Lemon Law, but Professor Richard Alderman at the University of Houston Law Center is known as "The...
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1
Attorney answers:
Bad check
You can do two things: report the matter to the local district attorney's office, which prosecutes hot check matters, and hire an attorney to go after the offenders. The prosecution may lead to a restitution, which would obviate the need for the private attorney, unless the loss of the use of the money caused additional damages not covered by restitution. Depending on the number of hot checks you get, you could get an attorney to work with you on a continuing basis to handle all of your...
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3
Attorney answers:
Mortgage debt was discharged in Chapter 13 Bankruptcy
I previously represented lenders in defending against wrongful foreclosure actions brought by debtors. It was my experience that lenders generally don't ignore a court order, at least not intentionally. Sometimes debtors don't always understand all of the rulings in their cases, and that usually is the fault of their attorneys in not explaining such rulings well. While I don't doubt that you believe the old mortgage debt was discharged, I recommend that you consult another bankruptcy...
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2
Attorney answers:
School debt in Texas
Assuming that interest can be charged pursuant to the loan documents, then the owner of the debt can charge interest. A collection agency doesn't necessarily own the debt. If the university simply hired a collection agency to attempt to collect the debt, then the university can continue to charge interest on the debt. If the university sold the debt to the collection agency, however, then the university cannot continue to charge interest on the debt, but the new owner (the collection agency)...
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3
Attorney answers:
Small claims court-judgement
There is a big difference between attaching someone's real property and personal property. If you are asking about real property, you can go down to the courthouse and file a writ of execution and abstract the judgment by filing the judgment in the real property records of the local county where the real property is located. The clerks at the courthouse can help you with forms for that, as most small claims courts have forms to help you do just that. If you are trying to attach personal...
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