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Alexander Wyatt Wright
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Alexander Wright’s Answers

19 total


  • We signed a settlement agreement on an auto accident 3 weeks ago, still havent received payment.

    The settlement funds are to be paid by the defendant and his auto insurance company. they have not sent the draft to our attorney. How long is a reasonable amount of time to wait for this. Our court date for trial is in 2 weeks and our attorne...

    Alexander’s Answer

    One of the difficult aspects of any personal injury case is dealing with liens at law, or liens in contract, either or both of which may be in play in your case. Both deal with an entity's right to enforce payment out of the proceeds of a settlement. It is not uncommon for certain liens, such as Medicare and Military Treatment liens to take several months to resolve. In the best situation your lawyer will be working on these liens early, but even then, delays are not uncommon. Defense attorneys will usually insist upon resolution of all liens before payment is made to you. If this is not your situation, then you should speak frankly with your attorney about the reason for the delay. I am sure he/she will be able to give you the straight scoop when you ask.

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  • Spousal maintenance if I file for divorce

    if i file for divorce as petitioner, can I ask for spousal maintenance also? I odnt have a job. No family here, no children. how much the spousal maintenance is?

    Alexander’s Answer

    You will need to consult a lawyer familiar with family law in Texas. The short answer is that there is not a written formula. In fact, spousal maintenance in Texas is very hard to obtain. I haven't researched it in quite some time, but I recall that it is reserved for cases in which the departing spouse simply has no means to provide for his or herself. Merely because a spouse has not worked (and is stay at home parent) is not relevant to the analysis. The question is whether you are capable of earning a living. Lastly, there is an outside time limit that puts a cap on the length of time such an award can be collected. Short answer: consult with a competent family law lawyer soon.

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  • Spousal support not being paid.

    I have a temp orderset stating my soon to be ex pays a certain amount of spousal support. As of this time he has not paid the last month. what is my next step to fighting this? what consequences could he receive by doing this. I was a stay at hom...

    Alexander’s Answer

    You will need to consult a lawyer familiar with family law in Texas. The short answer is that there is not a written formula. In fact, spousal maintenance in Texas is very hard to obtain. I haven't researched it in quite some time, but I recall that it is reserved for cases in which the departing spouse simply has no means to provide for his or herself. Merely because a spouse has not worked (and is stay at home parent) is not relevant to the analysis. The question is whether you are capable of earning a living. Lastly, there is an outside time limit that puts a cap on the length of time such an award can be collected. Short answer: consult with a competent family law lawyer soon.

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  • What if the at-fault driver does not have liability insurance?

    I have insurance and driver's license. At-fault driver does not have a driver's license . Please assume I do not have Uninsured Motorist Coverage in my insurance policy. Damage to car is not totaled. Vehicle is still able to run. No injures t...

    Alexander’s Answer

    Not having the statutorily required liability insurance is a crime. If the police did not cite the other party, you can consider reporting the incident to your Justice of the Peace, who may take the criminal charge. However, that doesn't help you recover damages. A lawsuit in the JP court is quick, easy, affordable, and can be done without on attorney. Ask the JP for the "Small Claims Court" filing procedure. If you obtain a judgment in you favor, there is a series of forms that DPS provides to report the judgment. Once done, the other driver's license will be suspended until he/she pays your judgment in full. Not a bad little tool to take advantage of.

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  • Is there a formula to figure out spousal support that can be awarded?

    I have been married for 12 years, most of the time stay at home mom, 3 kids and my ex makes $110,000. i only want what i am legally allowed to but i dont know what to ask for. I am having to go back to school. and need funds to keep my home and bi...

    Alexander’s Answer

    You will need to consult a lawyer familiar with family law in Texas. The short answer is that there is not a written formula. In fact, spousal maintenance in Texas is very hard to obtain. I haven't researched it in quite some time, but I recall that it is reserved for cases in which the departing spouse simply has no means to provide for his or herself. Merely because a spouse has not worked (and is stay at home parent) is not relevant to the analysis. The question is whether you are capable of earning a living. Lastly, there is an outside time limit that puts a cap on the length of time such an award can be collected. Short answer: consult with a competent family law lawyer soon.

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  • A friends truck was run into by speeding motorcyclist as he turned a corner.

    He lived a block away....left the scene to get his wife as a witness and returned within minutes. Officers came threatened to arrest him and his wife, towed his truck. Now police report say did not tow truck and he bonded out on leaving the scen...

    Alexander’s Answer

    I agree that the criminal defense is the first thing that should be addressed. The charge is likely based on failing to stop and give information...unless the other party was seriously injured in which case it is failure to stop and render aid, which is a felony. Dangerous territory to go it alone. And this law applies without regard to who was at fault. Civil issues can be addressed afterwards.

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  • I got bit in the face by my roommates pitbull. We both are renters. is he liable?

    The dog never bit anyone before, but did bite my roommates other dog a month before my accident

    Alexander’s Answer

    It would be easy for me to say that is depends, but I will go a little further than that. In Texas there is no first free bite when it comes to abnormally dangerous animals. It is my opinion that a pit bull is such an animal. And with a face wound, damages have the potential to be significant. I have written on this topic extensively for other lawyers and can tell you that the law is still very much in your favor. Naturally, others are correct when they say that some particular facts of your case might change this analysis, but early signs are in your favor. Find a lawyer who really understands animal bites, not just has handled one here or there. Such a lawyer will serve you well.

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  • What happens if a civil lawsuite is filed concerning a past credit card account that is believed to have been discharged

    What happens if a civil lawsuite is filed concerning a past credit card account that is believed to have been discharged

    Alexander’s Answer

    You should immediately file an answer with the court denying that you owe anything. You MUST hire a lawyer since this requires a special type of verified denial and what is known as an affirmative defense. This is not something you should attempt on your own. However, don't get daunted. Credit card companies are known for their shoddy record keeping and often makes claims that are not legitimate. You should pursue your rights to the fullest.

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  • What recourse do I have for claiming damages on my personal belongings interstate move by damage from the movers

    I contracted a moving company to move my furniture from one state to another. they loaded late, did not wrap my mattress furniture, used my blankets to cover what furniture they had, lost the shipment, when it arrive, i took pictures of the resul...

    Alexander’s Answer

    You do have a cause of action to recover the value of damage to your belongings. The place where you can bring such a suit is known as venue. For interstate moves venue can be in the state and county of the mover's principal place of business, or in the county and state where the damage actually occurred. Of course, this is likely to require the assistance of an attorney.

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  • Can I be sued for harrassment if I was not the one who initiated the messages?

    I recieved degrading and hurtful msgs through myspace through an anonymous profile. I replied out of anger. I also recieved a text msg through an anonymous number aswell. I found out who the person was and noticed she was also monitoring my profi...

    Alexander’s Answer

    I just wouldn't worry about this unless and until a problem actually materializes. Naturally, you should monitor your online behavior and keep it as civil as possible. However, if the facts are truly as you described them, then I believe you have little to fret over. Out of an abundance of caution, however, it would be wise to refrain from communicating with this individual in the future.

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