Archived
Can the landlord make them pay rent for the remainder of the lease, even if they have evacuated per the landlord's request?
Hershel's answer
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Answered on January 09, 2016
A landlord is entitled to accelerate and declare due the full balance remaining owed under the lease if a tenant breaches the lease and fails to...
Archived
Is what you say to an attorney prior to an official retainer protected under attorney client privilege?
Hershel's answer
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Answered on January 09, 2016
Only in rare exceptions (for instance: if you are about to commit a violent crime) is the information you tell a prospective attorney (from whom...
Archived
My employment contract has performance pay tied to targets for 2015. A week after earning it I was let go. What about the bonus?
Hershel's answer
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Answered on January 09, 2016
Under certain circumstances, it is possible that an employee might be entitled to a performance-based bonus that did not fully "vest" prior to...
Archived
Debt Laws Texas
Hershel's answer
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Answered on January 09, 2016
There is a huge crazyquilt of state and federal laws that affect creditors' rights in Texas. Creditors who "make decisions as they see fit" rarely...
Archived
Can an employee of a company be sued? What rights do I have and/or how can I fight this to proceed with buying a home?
Hershel's answer
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Answered on January 09, 2016
Failure to serve in person may not necessarily be dispositive under such facts if a valid alternative form of service was used. The judgment might...
Archived
Can the after school care provider legally withhold their EIN # from me?
Hershel's answer
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Answered on January 09, 2016
Withholding a Tax ID # on such a basis might be a violation of the Texas Debt Collection Practices Act if the proper W-9 form was used.
Archived
Do I file a 'motion for alternative service' or do I just turn in the 'declaration of non-service' to the court?
Hershel's answer
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Answered on January 09, 2016
A declaration of non-service is insufficient to satisfy due process. Failure to satisfy due process is valid grounds for dismissal.
Archived
Can the plaintiff require me, one of several defendants named, to be present AT TRIAL even though I am not a witness 2 be called
Hershel's answer
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Answered on January 09, 2016
If a defendant has received a valid legal citation for a lawsuit, then, generally speaking, that functions as a summons that hales her into the...
Does disputing a debt with the credit bureaus reset the statute of limitations?
Hershel's answer
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Answered on January 09, 2016
The answer to both of your questions is: "no."
Archived
If a vechile is in repo statis is there any charges that can be filled for not turning it in within any set amount of time
Hershel's answer
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Answered on May 14, 2014
There is a criminal statute on the books in Texas (Sec. 32.33 of Tex. Penal Code) entitled "Hindering Secured Creditors" by not allowing them...