Archived
I have been received a notice of a plaintiff's interlocutory motion for summary judgment but shouldn't be a defendant.
Hershel's answer
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Answered on July 24, 2013
You asked: "Can I still be held liable for a lease I didn't sign?" The answer is yes. Regardless of what you think or feel about the merits of a...
My husband owns his own business and I want a divorce but he claims everything he owns is the businesses not his.
Hershel's answer
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Answered on July 16, 2013
In a normal divorce situation, a just and right division of the community property amassed during the marriage will be made. The increased value...
Archived
Do I need to file 2 dba's if the main title of my business is an abbreviation?
Hershel's answer
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Answered on July 16, 2013
If the business uses both names, and you want to protect both names, then it would be a good idea to reserve both names at the state and local...
Archived
In the state of Texas is there a statute that restricts the legal fee to a sliding scale?
Hershel's answer
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Answered on July 16, 2013
No. But fees must be reasonable.
Archived
Does it always take a court order to have the identity revealed of unidentified phone calls or will a subpoena work sometimes ?
Hershel's answer
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Answered on July 16, 2013
Subpoena means "under penalty." As in, under penalty for failing to respond.
Lawyers and other officers of the court may use the power of the...
Archived
Home Equity Loan and Home Improvement Loan with Same Bank; Bank filed for Foreclosure on Equity but Not Improvement, Why?
Hershel's answer
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Answered on July 16, 2013
Everything you said the bank did is possible and legal - with the possible exception of the "no knowledge" part. You should have been properly...
Archived
I am an American, has a friend that wants to borrow money from me. If there is a contract, can I still get back my money?
Hershel's answer
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Answered on July 16, 2013
You should consult with a transactional attorney about drafting a promissory agreement. If you are afraid of the borrower skipping town and not...
Even though TX is a non-recourse state, will a bank still pursue a deficiency judgment after foreclosure?
Hershel's answer
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Answered on July 16, 2013
Texas is NOT generally a non-recourse state. The major exception is in the case of home equity loans. There is a real possibility that the bank...
Archived
Does the bank have to send a notice of intent to repo before taking the auto?
Hershel's answer
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Answered on July 01, 2013
No "notice of intent to repossess" the car is required. The secured creditor is required to properly give notice of default prior to repossession....
Archived
Conflict of Interest?
Hershel's answer
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Answered on June 28, 2013
The given facts present no conflict of interest.
The Texas collateral source rule protects the ability of insureds to collect judgments...