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Benjamin Kirke Sanchez

Benjamin Sanchez’s Answers

275 total


  • After filing a Motion for Summary Judgment, opposing counsel hasn't filed a response and hearing is 4 days away. Motion granted?

    Ex girlfriend filed for divorce, claiming common-law-marriage in Texas. I submitted Discovery requests and received answers and they deposed me. I filed MSJ (Traditional and No Evidence) 8 months after first Answers due. I expected a response to ...

    Benjamin’s Answer

    Take a look at the file online and see if something is going on without your knowledge.

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  • How do I get a dept collector to stop calling look for someone I don't know it been going on since 2009

    All I know is her name Cynthia Bremediz and it a school loan in Arizona

    Benjamin’s Answer

    I would caution against the advice that the calls are worth money to you. You are not a consumer to the debt collector or its client. I have won cases for creditors and debt collectors who were sued simply because they went after the wrong person. I do agree that you should a letter via certified mail and ask them to no longer contact you by telephone. Unfortunately, you may have to do that each time a new collection agency takes on the account.

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  • My belongings we taken out of my apartment after I was in d hospital when I got back my apartment was cleaned out.

    I was late 10 days past my rent

    Benjamin’s Answer

    10 days was not long enough to go through entire eviction process, including three-day notice to vacate, eviction lawsuit, and post-judgment writ of possession. Sounds like something illegal happened but without further information, I cannot answer completely.

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  • Is it true I can't kick him out the house?

    He treats bad my pets, he already has a record of violence against his others exes, he has never hit me but he yells at me pretty nasty and often, I'm an epileptic woman that still works, he has threaten me, last week he tried to kill himself if I...

    Benjamin’s Answer

    Sounds like you need to formally evict him. If you have relatives that can stay with you during the process, that would be helpful.

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  • My mother and i live on my sisters land she is selling it leaving us homeless no rent no lease no where to go do i have rights

    my mom and i live on my sisters land i drive a vehicle in my sisters name both of which for decades without rent or lease i care for her homes on the property and the land and mom at my expense without pay and the car is my only means of transport...

    Benjamin’s Answer

    This is tough because the ability to stay on the property and use the car for free could be a gift or considered payment for maintaining the property. Generally, you have no rights to the land or car. You may want to sue your sister for money damages, but you cannot stay on the land if she follows through with a proper eviction.

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  • Is there any law or rule by which we can say that due to the mother not being ever legalized as wife the sons can't inherit?

    My Uncle died 2 years back. He had married in Germany and has a Daughter from that marriage. A few years later, he married in our country and has 2 sons from this marriage. They are both teenagers. Their mother filed Harassment case against us ...

    Benjamin’s Answer

    Not sure what you mean by daughter taking share and returning to Germany. If an estate was already created and probated and the sons didn't make a claim, that could be a problem. Generally, however, children are children without regard to marital status of parents and therefore can inherit. If there is a will though, the will controls.

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  • I had to move from my apartment because of black mold but landlord has rented it out again already without fixing mold problem

    I have only been gone from the apartment since February 3rd and landlord already had someone living in apartment on February 6 there is no way she took care of black mold in that short of time. What can I do

    Benjamin’s Answer

    While I agree that it's no longer your problem, I do want to add that mold can be fixed relatively quickly. If the mold was on the Sheetrock and didn't affect the wooden beams, then replacing Sheetrock is fairly easily done.

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  • Can I sue a person for unpaid rent if all we have is a verbal agreement?

    I rented an apartment but ended up leaving and let a friend stay there as long as they was paying the rent. Something happened where they lost their job and could not pay the rent. Now there is $4,000 in unpaid rent that Im stuck with. Please ...

    Benjamin’s Answer

    Your suit against your friend doesn't fix your debt with the landlord.

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  • I was sued on old credit card. Lawsuit was file in OK City. I moved to Dallas over a year ago. Can I file an answer via mail?

    I want to settle the account and am negotiating now but need more time thus the reason for filing an answer.

    Benjamin’s Answer

    I would not file an answer but rather a Special Appearance with a Plea to the Jurisdiction. It will force them to dismiss the suit and re-file in Dallas. You should have an attorney do this for you.

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  • I have an ex bf in Texas who gave me a bunch of stuff and now i broke up with him and he wants it back. We do not live together.

    we do not live together, he is not on lease. he owes me money. He moved it all in saying we could use it more than he could and i paid for his chapter 13, his car ins, his gas, and helped him get on his feet after he lost his job. He is now changi...

    Benjamin’s Answer

    If it was a gift to you, then he doesn't get it back. If he was simply letting you and your daughter use items but never said it was a gift, then it probably isn't a gift and needs to be returned.

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