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Orsen E. Paxton III

Orsen Paxton’s Answers

3,167 total


  • How do recover my money from a breach of contract on a real estate deal?

    I signed an agreement to pay the earnest money for a real estate transaction and get paid a fee at closing. The buyer never closed on the property and went behind my back to have the title company disburse the earnest money to him. I plan to sue f...

    Orsen’s Answer

    I guess I'm not following your question because the answer seems too obvious. In fact, you seem to answer it yourself. You had an agreement with a buyer where you would provide him earnest money to use in a real property purchase and he would pay you a fee. You were not a party to the actual contract to purchase the real property. That purchase never closed. The title company refunded the earnest money to the buyer with whom you had the agreement. That is all the title company could do because you were not a party to the contract it was going to close. You plan to sue the buyer with whom you had the agreement to recover your money and your fee. I guess my response is "Yes" that is what you do. But, even if you are successful and obtain a judgment against the person you contracted with, that does not guarantee that you will recover your money and your fee. Once you have a judgment, you must collect it using the legal means available such as a Writ of Execution or a Garnishment proceeding. If the person you contracted with files for bankruptcy protection you will likely never collect. Or, that person may not have non-exempt assets which can be seized and sold.

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  • I sued my ex for personal items and I was rewarded a judgement. My ex refused to pay and I filled a writ of execution.

    If most of the personal items are mine then what?

    Orsen’s Answer

    You got a judgment in Small Claims Court for an amount of money. There is a dollar figure in that judgment. You do not get the return of specific property. The Writ of Execution is served by the Constable and it permits him to seize assets of the debtor (your ex) up to the dollar amount in the judgment. The Constable then sells those items at an auction, pockets a fee, and delivers the remaining dollars to you. This can be done over and over until the judgment is paid. But, and this is a very big "but", Texas laws exempts a great deal of what people own from being seized to satisfy a judgment. A few examples are: homestead, a vehicle, and household goods and furnishings up to $50,000.00 for a single person. Your Small Claims Court judgment could not have been more than $10,000.00 So, you are not going to see those items of personal property again and you are probably not going to get anything from the service of the Writ of Execution.

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  • My stepmother did not contact me when she probated dad's will and she did not list all properties and that he had an adult daugh

    Stepmother probated will and did not include the daughter of the deceased almost 7 years after probate can I appeal the probate since it didn't contain all information and she hasn't given any of the estate to me what rights do I have

    Orsen’s Answer

    If your father had a Will and you knew it was being probated then it is too late to contest that Will. But, if the Will and probate were hidden from you then you might still have a claim for fraud depending upon when you discovered it.

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  • The executor of a will may not have distributed funds correctly at the time and has since passed, is there any legal recourse?

    My husband's grandfather passed in 1999, we have recently found out that his grandmother was the sole executor of the will and may or may not had distributed funds as they were set forth in the will. She passed in 2002. All funds were distribute...

    Orsen’s Answer

    Theoretically, yes, there may be recourse. But, there are so many facts that must be gathered and analyzed before any kind of meaningful answer can be given. You are not going to get specific help on a website. Find an experienced probate lawyer and gather all your facts and documents. It would save time (and money) if you would write down the facts in chronological order. You don't actually mention whether or not the grandfather's Will was probated. A Will that is not probated has no legal effect. But, the failure to probate it might create liability for the person who failed to do it. Again, you need to visit with an experienced probate lawyer.

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  • My brother in Texas has power of attorney of my dad who is jailed in Arkansas for robbery, can he file charges on me in Texas.

    My brother is trying to press forgery charges on me for cashing my dad's check. Can he legally sign for my dad who is locked up in ark. For bank robbery? Is pose of attorney in ark. Legal in tx

    Orsen’s Answer

    A Power of Attorney valid under Arkansas law will be treated as valid in Texas. An agent under a power of attorney has the power granted in the power of attorney. That almost always includes the ability to sign documents for the principal. However, an agent under a power of attorney cannot swear to something on behalf of the principal.

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  • What is my part with power of attorney

    my dad has dementia, he signed power of attorney to me before he was diagnosed. But he has a girlfriend who has started taking his money, which isn't something that happened before his memory lose. What can I do

    Orsen’s Answer

    If it is a valid Statutory Durable Power of Attorney that does not limit your powers in any way and you have diagnosis of dementia you have the power to take control of his finances. One way would be to open a new account in your name as his agent and move all of his money there. That is an oversimplification but you can do it. You really need the guidance of an experienced estate planning attorney because you owe a very high fiduciary duty as the agent under the Power of Attorney. Common sense and Google will not get you through this. If it is a valid Power of Attorney you do not need a guardianship and probably could not get one because there is a "less restrictive alternative", the Power of Attorney.

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  • Bounced check

    This story continues from the link (please copy and paste to new window)--> https://www.avvo.com/legal-answers/is-writing-a-bad-check-from-state-of-texas-fraud--2647380.html?answer_id=6545963#answer_6545963 However, his business check that h...

    Orsen’s Answer

    I have no idea what Virginia law is and Virginia law may apply because that is where the original transaction took place, I think. But, all states have a Statute of Limitations on lawsuits. In Texas you must file suit to collect a debt like this within 4 years of the date that the debt was due or that the debtor defaulted on the payment. I have no idea what the period would be in Virginia. But, you may have waited too long. As to the recent check that he told you to hold, that may be an acknowledgment that the debt is still valid. You should look at suing him in Virginia in a small claims court.

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  • Is the Insurance Company being Fair??

    My girlfrien was involved in a hit and run accident with an uninsured driver. She got a $7,000 hospital bill. Our uninsured motorist carrier apparently paid $2000 to the hospital to satisfy the bill and now they are only offering her $1000. Can th...

    Orsen’s Answer

    First of all, we don't deal with "fair". Lawyers are not licensed to practice "fair." We practice law. To know whether or not the insurance company complied with its obligations under the insurance policy a lawyer would have to review the coverage clauses, which we cannot do on this site. There are lawyers that specialize in these claims. They are called personal injury lawyers. Consult with one. They generally charge a fee that is a percentage of the amount recovered.

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  • If a vollection agency tries to pull money off a net spend pre pay card, when there is no money on it. Is it bouned check??

    Im a trucker. I dont use banks. I use a net spend pre pay card from walmart. If a vollection agency tries to pull money off a net spend pre pay card, when there is no money on it. Is it concidered like a bouned check?

    Orsen’s Answer

    No. It is not. But I have to type 35 characters so I'll just keep typing.

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  • Can apt manager force rescent maintence and disabled wife to move out without legal eviction. No lease or contract.

    In Waco Texas my spouse was hired as maintenance technician , i have a heart condition and am 100% disabled. We were homeless at the time the job came . Apt manger first hired for 2 weeks as a contractor then stated he would go on payroll BC on pa...

    Orsen’s Answer

    I am so sorry. None of this mess is your fault. There are so many issues here and the law would favor you in almost all of them. You cannot be evicted without her filing an eviction lawsuit. That is certain. But, she will be able to evict you at some point. She can terminate you for any reason that is not a violation of laws prohibiting discrimination. She doesn't have to have a good reason. The value of the free rent is treated as income to you but she does owe for overtime. You may have a claim for unemployment compensation and unpaid overtime.

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