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James W. Cole's Answers
- 60 Legal Answers
- 1 Legal Guide
3
Attorney answers:
How can i get support from ex-husban
The fact that your children's father has lost his job in no way excuses his obligation to pay the court ordered child support. He is obligated to pay regardless. The obvious problem is that if he has no job and has no ability to obtain funds from other sources (friends, family, unemployment, selling property, etc.) it may be difficult to collect. If your relationship is such that you are able to communicate with him, I suggest you contact him and determine his plans for paying to provide...
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2
Attorney answers:
Our subdivison was in the fall out zone from our city,s fire works show, we had ash in our eyes and burning embers falling on us
I suggest you contact the City of Victoria regarding filing a claim. The city has immumity from certain types of claims. If you presented the city with a photographs of the damage, bills for the clean up of your property, the cost of repairs for any damage, vet bills, etc., they might pay those.
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3
Attorney answers:
Should we get an attoney?
I am very sorry to hear of your loss. I know it is devestating. Without knowing more it is impossible to know if there is anything that can be done. The first question that would have to be answered is whether the conduct of doctor, and possiblty the hospital/ nurses, fell below the standard of care. A second question would be whether the failure would have changed the outcome. A lawyer specializing in those types of cases might be able to assist in answering those questions by reviewing...
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3
Attorney answers:
I am selling property which i inherited. i want to give some of the proceeds to my children. can i save on income tax?
It is unlikely that you will effect income taxes that will need to be paid. If you give some of the property to the kids BEFORE the sale, they would pay taxes on their share of the sales proceeds. If their tax rate is lower than yours, you'd be saving taxes. Depending on the amount of money involved, there maybe other options for avoiding tax liability. You should consider contacting a lawyer experienced in estate planning.
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1
Attorney answers:
Withholding food as a punishment in public school
Assuming that you are referring to food provided by the school or the parents, public schools may not withhold food as punishment. If the food is food being furnished by the teacher, the answer may not be as clear. The practice would certainly be questionable. The proper procedure would be to take the matter to the principal and if there is no resolution there to the superintendent and then to the board.
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2
Attorney answers:
Is it the law in Texas that both spouses have to sign a loan document in order to make a large purchase, such as a house>
No there is no legal requirement, but it is likely that the lender will require it. Because property purchased during the marrige will be treated as community property, it is probably unwise to make such a purchase when a divorce is pending. You might want to consider renting.
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2
Attorney answers:
Can I sue the assistant Da in Victoria for religious discrimination?
I am sorry to hear that you feel that you are being discriminated against because of your religious beliefs. Obviously there is no excuse for any person to be discriminated against because of their religion. If you have a claim, it is probably one for malicious prosecution. An action for malicious prosecution is the remedy for baseless and malicious prosecution. A claim of malicious prosecution is a tort action, filed in civil court to recover money damages. In a malicious prosecution...
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3
Attorney answers:
How do i find how much my settlement if attorney will not tell me?
You need to find out why the lawyer decided not to represent your interest. Is he continuing to represent other heirs or did he abandon the case completely. If there is a viable asbestos case, you need a lawyer to represent you. To protect your interest you should hire a lawyer experienced in representing people who have been injured as a result of exposure to asbestos immediately. Your new lawyer can contact your former lawyer and obtain the file if neccessary..
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1
Attorney answers:
How does a small computer service business collect debts in Texas Can the items be sold after thirty days?
In my opinion the safest practice would be to have an agreement upfront that provided for the sale. It could be as simple as a provision in a work order signed at the time the unit is left for service. If you do not have a signed agreement you are probably safe in selling the unit if sufficient time has passed and you notify the owner that it will be sold if it is not picked up within a set period of time.
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4
Attorney answers:
Should i get a atternoy
In the event your insurance company refuses to timely file a response, uou should hire an attorney to file a response. In the event you are unable to hire an attorney to represent you, you should consider filing a response yourself. In small claims court you are able to file an answer without the assistance of a lawyer. The clerk of the court can assist you in drafting the answer. There is a deadline by which a resonse must be filed. The clerk of the court should be able to assist you in...
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