My mother received a civil citation. The amount requested to pay is 700. I would like to pay in full this debt for my mother. However, i must submit to the court a written answer and i am unsure as to what i should include. I have yet to contact t...
Mr. Bain is correct - an answer needs to be filed. This blocks the default judgment. Even if you are agreeing to pay the debt, I doubt you are agreeing to pay the attorney's fees and court costs associated with the debt. Or perhaps you are?
But filing the answer sets the bar in place so that you can negotiate.See question
Back in November 2015, my husband and I were served by Jefferson Capital. We both filed our answers and both asked the court to do Discovery part 1 in our separate cases. I asked for debt validation as well and we heard nothing. I called the co...
You can always argue against the motion to retain. Your argument is not that the SOL bars the claim (I don't even know that it does) but that the claim was not pursued due to Jefferson Capital's failure to exercise due diligence. You can certainly toss in the SOL idea, and it doesn't hurt.See question
I received a letter for dismissal Stating rule 503.1 in a tarrant county Jp court. This is after i had just sent in my answer to the summons I received for the lawsuit.
Search for Texas Rules of Civil Procedure 503.1. The rule actually refers to a couple of things, so without knowing more or seeing the letter, I cannot tell you what it means in this particular instance.
I would bet it gives you another date, which means that new date is likely the day the court dismisses the case or a date for trial. Realistically, you would be well served by finding an attorney with a free initial consultation to at least give you your options, even if you choose to represent yourself.See question
My son was placed with us as an adoptive placement in June 2012 by CPS. We were supposed to finalize the adoption in November ( he had been legally free for adoption since October 2011). We received a call in October that his bio father had found ...
No - the Texas Supreme Court does not have any timeline requirements by which it must issue an opinion. You can call the clerks to check the status.See question
She has refused to work for the past 3 plus years. I have completely furnished a 3 bedroom house and have contributed to a joint account that she spends out of. I have payed for 100% of everything, vacations, vehicles, give her money for her bi...
You owe a 'just and right' share of the community estate. We normally look at 50% as a starting point.
The Courts see your situation as just 'a condition of the marriage,' normally. Which means she is still entitled to 1/2 of the income for those 3 plus years. Fortunately for you, it appears that those monies were spent, so that income is not there to divide. To make sure, go get bank statements and financial statements from right before your marriage and all the way up to today. (The request is made to the financial institution, there is a cost, but it will be worth it.) Then you can see the amount of money you had on the date of marriage (your separate property) and all the money that came in (community property). You can try to trace it as well if you want. The community property is subject to division.
You also probably have a reimbursement claim. That is, either your separate property or community property was used to pay down her debt she came into the relationship with. The Court may very well order her to pay it back to you, either out of her separate property or out of her share of the community assets.
You definitely want to hire an attorney for the process, and work with them to come up with your trial exhibits and summary of the marriage. With good prep work, the case will likely settle once she sees that she is going to be spending money on attorneys and litigation and not walking away with anything, or at least not much.See question
I do not want to sign another agreement and have the first one come haunt me later. My first payment is scheduled in about a month from now. How can I protect myself?
You can also make sure that there is language in the new agreement that states it 'supersedes' any prior agreement between you and the bank, and try to list the prior one more specifically by date or issue.See question
My ex and I have 3 kids together, were together for 7 years and owned an SUV which was under my name. We then got separated (never married) and the stickers expired from the suv and to renew it he told me he had to put the title under his name. in...
No - not without some lien on the title. Doesn't sound like you have it. Your case suing him for the car or money would be a long shot as well. Your time and money, unfortunately, would probably be better spent working for a new vehicle. I am sorry.See question
I filed suit in the small claims court against an auto repair facility for work not done and refusal to release the car after invoice was paid. Since filing the suit earlier this year and it being properly served on the registered agent in April o...
I fully agree with the prior answer. Also, make sure that the return of service is on file with the Court. That way the Court knows that the auto shop was actually served.See question
My mom divorced her husband two years ago. It was contentious and none of us (their kids and her) talk to him. As part of the decree, the house went on the market with proceeds to be split 50/50 between them. They are both on the title and the mor...
The lawyer may ask the title company if the divorce decree is enough. If not, there may need to be an additional order signed by the Judge. The title company is just trying to protect itself, which is fine. The judge can sign an additional order or appoint a receiver to sell the home. Either should work if the decree is not enough (and it may not be, depending on the exact language).See question
My fiance had visitation for July and the mother did not come to get the child on July 31. On August 1 the judge wrote an order stating that any sherrif was to get the child from the father and give her to the mother. We live in another state an...
There are clearly facts missing here. Sometimes one parent may think, and the order may state, that your fiance is suppose to return the child, or have the child at a specific location. If your fiance failed, that would certainly be a basis for a writ of habeas corpus (what was filed to get the child). And a judge is only going to grant an application for that writ if the order clearly states that the child is suppose to be with the Mother and has not been returned. Your fiance may very well be in the right in terms of the exchange issue, but right now he needs to make sure the child gets home. Then he can fight it if he wants.
Unfortunately, your state's position does not matter in this case. I would make sure that if anything else occurs, your fiance hire a lawyer.See question