Elias V. Lorenzana Jr.'s Answers

Personal bankruptcy filing and affect on small business assets

Filing for personal bankruptcy only affects the individual filer and not necessarily the business entity. Howeve, if the business is still new, most creditors will require a personal guarantor for the business.

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My ex-husband and I want to amend our divorce decree.

There would be no need to go back and amend the divorce decree since this has already been finalized. However, if you want to change the terms of the agreement and make it official or legally enforceable in Texas, you would need to draw up a written agreement. Your lawyer can assist you with drafting such agreement. Sincerely, Elias Lorenzana, Esq. The Lorenzana Law Firm, P.C. (512) 338-0529

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How do you go about getting a divorce from someone you can't find?

On occassion, a party needs to file for divorce though unable to locate the other spouse. This usually occurs in situations of abandonment, separation, or just missing. Texas law allows for one to file for divorce or other civil suit and seek service by alternative means under Rule 109. This is usually accomplished by citation in the local paper or the court's notice board outside the courthouse. To do this right, a lawyer should be consulted to file the relevant paperwork.

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What is the filing fee for an uncontested divorce in texas

Generally the filing fee for a divorce case whether uncontested or contested will remain the same. Each county has a fee schedule of filing fees that's usually listed on the county's website. Where the fee will differ is if there are children involved. The county has additional filing obligations with the Texas Attorney General's Office when it comes to child support and therefore the fees are typically higher if there are children involved in a divorce case. On top of the filing fees, keep...

Settlement after 22 years. Of living together.

Assuming you can get passed the issue of common law marriage, that is if the court agrees that there is common law marriage between you and your "spouse", then you can request 50% or a "just and right" division as close to 50% of the total net community estate. The net community estate is a sum of the spouses assets minus liabilities. For more information, please visit www.lorenzanalegal.com.

What can i do to see my kids?

The best way to formalize any custody and or visitation with respect to children is to file for suit affecting parent-child relationship. This would be a custody/visitation case. Under Texas Family Code, you are entitled to some conservatorship and at least standard visitation rights. Our firm (Lorenzana Law Firm, P.C.) can assist you with filing the petition. Please contact us at (512) 338-0529 or visit us on the web at www.lorenzanalegal.com. Sincerely, Elias Lorenzana, Esq.

What is the process of contesting or appealing wage garnishment in the state of Texas for past due child support?

Usually these cases are taken by the Texas Attorney General's office for claims of past due child support. If you say you are not past due, then you should submit copies of your cancelled checks or payments showing payments you made. The AG office will give you proper credit.

Bankruptcy

Generally, a debtor can keep all his/her furniture, belongings, household items even if purchased with a credit card. Texas allows for an exemption under these categories including your home, car, electronics, tools, etc. Depending on your income, you may be qualified to file for bankruptcy either under a Chapter 7 complete liquidation or a Chapter 13 reorganization. Best to contact a bankruptcy lawyer about specific Texas and Federal exemptions.

Property taxes

Your options are to pay the property taxes, enter into a payment agreement for your property taxes, or file for bankruptcy protection and pay the property taxes under a Chapter 13 bankruptcy plan.

OUTSTANDING CITATION

The best way to take care of this is to contact the clerk for the court that issued the ticket. They should have a record of whether the ticket was paid or was not paid. If your case has been referred to the County Attorney's office for a warrant, that may be the County Attorney's lawyer that is contacting you. Still, it's best to contact the court directly.