Michael J. Morris's Answers

HOw does a credit card company or collection agency decide if you a defaulted debt is worth pursing a judgment

The credit card company or collection agency (Creditors) will have to pay an attorney to file a lawsuit against you to try to collect their judgment. Many Creditors now require you to give up your right to that trial and instead force you to sign an Arbitration provision if you want to do business with them. This makes it one step easier for them to obtain a judgment against you. Most Creditors will not pursue a judgment against you if the cost outweighs the benefit they might gain. The...

3 people marked this answer as helpful

Can I leave my mortgage and car payments off of my bankruptcy petition

In addition to the answer above, with which I agree.... Keep in mind that Schedule I and J (your list of Income and Expenses) require you to list ALL income and ALL expenses. If you list all of your income, and don't include the car payment and house payment, you will have excess income and may end up in a Chapter 13 instead of a Chapter 7. You are required to swear to the accuracy of the schedules filed with the bankrutpcy court, and if any ommissions are found, you may be criminally...

1 lawyer agreed with this answer

1 person marked this answer as helpful

What is the deadline for answering a lawsuit under Texas civil procedure rules

If you have been sued in Justice of the Peace Court (including Small Claims), you must file an answer in writing by 10:00 am on the TENTH DAY after the date you were served. Texas Rules of Civil Procedure 535. If you were sued in County Court at Law or District Court, you must file an answer, in writing, by 10:00 am the Monday following TWENTY DAYS after the date you were served. Texas Rules of Civil Procedure 99(b). Failure to file an Answer will result in a Default Judgment being...

1 lawyer agreed with this answer

1 person marked this answer as helpful

Renters rights

You are not required to move until your lease term is expired. Any sale of the property will include the remained of the lease terms as a condition of sale. In other words, if the house does sell before your lease is up, you will just have a new Landlord. Keep abiding by the terms of the lease by paying your rent on time and maintaining the property, and no eviction will be successful against you. If you choose to buy the house, of course the lease would then be terminated as moot....

1 person marked this answer as helpful

Can I sue for defamation or slander?

Kelly is exactly right in his answer, above. The only thing I would add is the idea of "slander per se." Since the remarks made against you were disparaging of your career, occupation or profession, you do not have to prove up an exact amount of damages, as the Court and/or Jury can presume damages in a slander per se case. If you suffered less than $10,000 in lost wages and future damages, consider filing the lawsuit yourself in your local Justice of the Peace court. Your total cost...

1 person marked this answer as helpful

May have a warrent due to misleading information from arresting officer on how to handle my ticket. help!

Alternatively, you can call the Dallas Municipal Court, give them your Driver's License number, and have them pull up the Citation Number. If they have issued a Failure to Appear or a warrant on the speeding ticket, you can write a letter to the Court, explaining your situation and requesting to have the Failure to Appear dismissed in exchange for a plea/fine or reach an agreement as to the disposal of both charges. The worst thing you can do is nothing. Your next encounter with law...

1 person marked this answer as helpful

Texas landlord tenant laws, can a landlord raise rent before the lease has expired

Do you have a lease in writing? Is it for commercial or residential property? If it is commercial, it will likely have a clause that permits regular increases in rent or Common Area Maintenance. If this is simply a residential lease for a period of months or years, then it is unlikely it contains a provision that would increase the rent. The only way to answer your question for certain is to have an attorney in Odessa review the Lease.

1 person marked this answer as helpful

What is the process of evicting a tenant in TX who is not on the lease

This is a tough question without more information. If there is a written lease and the tenant is a family member, the lease may still control how you proceed with the eviction. If there is no lease, then the tenant is "at-will" and can be evicted with sufficient notice in writing and an eviction or forcible entry and detainer lawsuit filed in your local Justice of the Peace court. Either way, visit your local Justice of the Peace and ask them to guide you. They are generally courteous...

1 person marked this answer as helpful

What is a suit to evict, if the tenant pays the rent does he still have to go to court

Unless the Landlord accepts the rent and agrees to dismiss the eviction, I would reccommend that you ALWAYS appear at a court hearing in which you were summoned. By accepting the rent, the Landlord may be waiving their complaint, but let the Judge tell them that. Mike Morris Morris & Allen, pllc New Braunfels, TX

1 person marked this answer as helpful

Do I have to pay back my brother if he will be inheriting our father's entire estate

As I tell my TLU students, "Law is the moral minimum." Whether or not something is legal has very little to do with whether or not something is "right." Cheating on your spouse is "legal," but far from "right." Your update to this question indicates that your brother has forgiven the debt. That answers your question, then. If your brother feels no obligation, then you should rely on your conscience, not your Uncle, to tell you if you should repay. Of course, keep in mind that if you...

1 person marked this answer as helpful