Skip to main content
Patricia B. Cole
Avvo
Pro

Patricia Cole’s Answers

310 total


  • Can I proceed with lawsuit toward the school?

    School disapline My son who is adhd was spanked at school for forgetting his musical instrument on various occasions. I didn't not consent to disaplinary action. They called but was unable to answer call I called back a few moment later and span...

    Patricia’s Answer

    I agree with Mr. Welmaker. Unless there was serious physical harm then you have no legal action. However, if they left a mark or sore then you could also report the teacher and school to CPS.

    See question 
  • What can I do about this? Am I entitled to anything for the potential 6-20 weeks ill have to wait for products reorder? etc?

    I was evicted for non payment b/c the landlord refused to take my monthly payments. I have put in for a change of address form to the post office but I chose to check my mailbox at the old apartments and the complex put a note in the mailbox sayi...

    Patricia’s Answer

    Once you were evicted (if it was done legally) then you have no right to access the mailbox. You are not entitled to compensation for the delay but if you do a change of address form with the post office then you should just have the package rerouted to the new location and not have to wait the long delay of it being sent back.

    See question 
  • How can I get a mechanics lein released if I can not get the contractor to record this for me?

    I am a homeowner who when purchased my home had a remodel done. we had a mechanics lein placed on the property durning the process. That was placed March 2014. The lein specified the work to be completed within 184 days. Project is complete (m...

    Patricia’s Answer

    The first step in lien removal is to contact the judgment creditor or its bankruptcy attorneys, inform them that the lien is currently showing against the homestead and then make formal written demand that the creditor execute a release (provide a release for them to sign) –or legal action will be taken without further notice. Creditor attorneys are knowledgeable concerning potential liability for their clients, so they will often cooperate and advise the creditor to sign a release. Sometimes, however, this does not happen and it will be necessary to proceed with a legal action.

    See question 
  • How can I get my months rent back?

    My family and I have been living in a duplex for the past 6 years. Recently, the landlord decided to come in and do inventory of what needed to be repaired. A few days later, we received a 14 day notice with a list of items to be repaired/fixed ...

    Patricia’s Answer

    You need to file a suit against the landlord in small claims court (Justice of the Peace) in your area and if you don't have the fees then you need to file a pauper's affidavit along with the suit. Attach to the petition (form provided by court) a detailed explanation of exactly what took place. You stated that you were forced to leave, if it was physically evicted without being served with an eviction notice, lawsuit for eviction and an attempt to have a hearing then you could have a serious lawsuit against the landlord for wrongful eviction. I suggest you look for a plaintiff's real estate attorney on this site.

    See question 
  • How can I get around the HIPAA laws in this situation if she doesn't give permission for me to know her situation?

    I am the mother of a 34 year old daughter who has some mental health issues. I believe she is currently in a mental health facility in that we had to have her taken to the ER Psychiatric unit by police for threats she had made against me and herse...

    Patricia’s Answer

    It does not matter if you support her or not. She is the only one who can authorize you to have information about her medical treatment. I suggest you speak with her at a visit and ask her to give consent for the doctor's to talk to you. Otherwise, you have no recourse.

    See question 
  • How do I find an attorney that would be willing to help me with this matter?

    During probate mediation my attorney and mediator committed fraud. They both lied to me regarding the Estate Codes Laws so I would settle. I later found out mediator wasn't even suppose to give legal advice. Also, I found out the truth about t...

    Patricia’s Answer

    If you have lost confidence in your attorney, you need to officially fire him and notify the court. Then find a new attorney and have them make an appearance on your behalf. It may or may not be too late to have the agreement thrown out if you signed the mediated one, but the new attorney could advise you as to your rights.

    See question 
  • Do our grown children have any rights to the land?

    My spouse and I purchased some land 8 years ago and she passed away. Do our grown children have any legal rights to the land ?

    Patricia’s Answer

    It depends! If she left them interest in a will or trust upon her death, then likely yes. If these children are also your children and there is no will, then likely no. Consult an attorney now and don't delay!

    See question 
  • How can I file to modify temporary orders?

    Went to court on 11-25-14, judge sent myself and child's mother to mediation. She set her terms and I agreed to them, I have fulfilled everything asked of me and still have no word on what's going to happen next. I was to attend 6 counseling sess...

    Patricia’s Answer

    You need to file a Petition to Modify and ask the court to remove the restrictions that you are complaining of. Do not expect your wife's attorney to take these actions for you because she won't likely help you. You can check your local law library at the courthouse for the forms.

    See question 
  • If you have a felony because of family violence can that be removed to get a better job.

    He has a record due to family violence and when they check his background he cant get a good job because of it. Its the only thing on his record

    Patricia’s Answer

    You imply that he has a felony which means he was convicted of family violence. He can not get a conviction removed from his records.

    See question 
  • I need help on how to handle a warrant in a county that I do not live in, to prevent from being arrested.

    It is over a hot check that has become a warrant. I live in Dallas, TX but warrent is in Nacogdoches County. I want to try to settle this without having to turn myself in and/or be arrested. I want to get the warrant removed and set up some type o...

    Patricia’s Answer

    You need to contact the district attorney's office in that county and ask them how you can resolve the matter. They may request a bond. Depending on the type of bond they want you to put up, you may be able to handle it in Dallas. You need to resolve this matter immediately because if you are picked up on the warrant before it is resolved you will go to jail and you will have to post a bond. Good Luck!

    See question