The fire report said that none of the 3 affected had working fire alarms, the walls between each apartment were corroded and so on... There is more but I'd like to know if I have a case. I lost absolutely everything and I'm pretty much homeless. A...
If you were injured or did not receive compensation for your personal property that was destroyed in the fire, you may have a case if the fire was attributable to the apartment complex. I suggest speaking to some of your former neighbors to see if they have heard anything about a lawsuit. I am sure an incident that received publicity from the news will have led some former residents to hire attorneys.See question
They told me that i smelt like alcohol and i had a cab outside so apparently to them that meant that i couldnt drive when really i just didnt have my car there. I refused the breathalizer and they had no reason to give me the MIC besides that i ca...
I think you would get a better response from the Criminal Defense practice area so I edited it for you. Good Luck.See question
I'm a subcontractor who performed work at an apartment complex and I want to file a lien but the lien process is very clear about any errors, so I want to make sure I file it correctly. Should I file as a residential project or commercial??
You should follow residential lien procedure when you perform work on a project whereby one of the owners of the property ALSO uses it as a residence (Texas Property Code Section 53.001(8-10).). Apartment complexes are generally rental properties that are not considered residences for homestead purpose or otherwise--unless the complex contains condos that are actually owned by individual residing in the unit. As such, work performed on apartment complexes is usually of the "commercial" nature because you are likely working under a contract with the complex owner rather than the actual resident.
The general contractor for the project can provide you with the necessary information to discern whether the property is commercial, residential, or homestead. General contractors MUST provide certain notices to the owner when dealing with residential projects--and you should probably make a written request for such information for every project for which you are a subcontractor. I hope this helps--Good luck.See question
I've sent discovery but on two motions they didn't respond at all, but they did respond on request for disclosure.
If they did not respond to written discovery, you probably need to file a motion to compel for abuse of discovery and request sanctions. Normally, you will get a response because the other party fears the ire of the court--or paying your attorney's fees. However, it sounds like you're pro se--which may prove difficult to prove up attorney's fees. The best chance if you're pro se is to hire an attorney--or file a motion to compel (TRCP 215) and set it for hearing. This will likely get a response. Remember that if they already failed to timely respond--they have waived any objection to responding to the discovery request. Good luck.See question
I saw a chiropractor the same day . Most serious diagnosis were disc herniations - few small ones and one large herniation . I was seen by an Orthopedic who recommended 3 lumbar injections but not surgery . I had one injection that was so pain...
Insurance companies ALWAYS make low-ball offers to people not represented by counsel. You should speak with an attorney who handles personal injury claims and let them assist you with your claim. If the offer is not satisfactory, you cannot sue the insurance company (unless it is YOUR insurance company who is denying the claim). You will likely have to file suit against the insured person who caused your injuries (if it is a third-party claim). Good luck.See question
I was about to close on my house and could not with a lien so I paid it even though I paid the subcontractor in full already. Do I have the abiltiy to go after the subcontractor to get back the amount I paid. It was $2300.
Yes--you can go after the party you already paid if it kept money that was supposed to go to a supplier. You mentioned that you had already paid the subcontractor in full--did you mean "general contractor"? If you are the property owner, anyone with whom you directly enter into an agreement to perform construction work is considered a general (or prime) contractor. Anyone they hire to perform work is considered a subcontractor.
If you paid off a supplier, it would be helpful to know if it was a subcontractor or general contractor who hired the supplier.Your remedy will likely depend on the relationship you had with whichever party hired the supplier you ultimately paid off. I suggest you contact an attorney in your area who has experience in construction law. Good luck.See question
I sent a demand letter certified mail asking for payment within 10 days. I sent a second one the same way--asking for repayment in 5 days. i have all the email letters where this person assured me--every week--that she would be paying the money-...
You are probably better off suing the person in small claims court (JP Court). You do not need an attorney to do so--but it always improves your chance of success. JP Court is cheaper and much quicker than district or county court. However, if you obtain a judgment against the person, you may need an attorney's assistance to go about collecting the judgment. You can find your JP Court by searching for the justice of the peace court for the county in which you live. I hope this helps--good luck.See question
Is this true? The issue is they advertised the tv, stand and blu ray player for a one year lease. I sold the tv at the end of the year lease because they told me I only owed four more payments or 380 dollars. When I went to pay off the lease they ...
You should consult an attorney in your area who has experience in consumer-debtor law. They may be able to help you negotiate the layoff--and you may also have a claim for unfair debt collection practices.
A debt collector (such as Aaron's in this case) must follow certain procedures when attempting to collect a debt. Essentially, you and Aaron's entered into a lease agreement (contract) and Aaron's claims you are in breach. Generally, in Texas you cannot be arrested, jailed, or prosecuted for breach of a contract or failure to pay a debt (unless you have also violated a criminal statute). As such, they cannot threaten you with criminal prosecution to harass or coerce you. If this answer was helpful, please mark it as the "best answer." Good luck!See question
I had an agreement with a contractor to do repairs in my home after a fire and they took the money and did not do the work. I did not sign an agreement, although i have an agreement through text for the job. They started the job but did not finis...
It sounds like you have a few options (at least a breach of contract claim). The difference between small claims court (JP) and county or district are mainly jurisdictional. There is a $10,000 maximum for claims in JP court, excluding interest. If the amount in controversy is more than $10,000, you should probably look at filing suit in district or county court. JP court is generally faster and cheaper than district or county court--and it is not necessary to hire an attorney because the process is more informal. However, you chances of success greatly increase when you hire an attorney--regardless of the court in which you end up filing suit. Good luck.See question
Seven weeks ago I rented an apartment in TX via Craigslist from a different state. When I got here, after driving 22 hours straight, I met the landlord and signed the lease. I noticed that the place was dirty but nothing else, and spent the first ...
You should look at your lease and see if it contains notice provisions regarding repairs. If so, follow the notice provisions strictly. I would suggest documenting everything in writing so you can prove notice. In the event the landlord does not remedy the problem (because it Sean's like a health or safety issue) within a reasonable time you may be able to take legal action, withhold rent, or conduct repairs yourself (or hire someone) and deduct it from your rent. I suggest you consult with an attorney experienced in landlord-tenant law. If you cannot afford an attorney, you can look into resources like The local Lone Star Legal Aid office to see if you qualify for legal aid. Make sure to save any medical bills or repair invoices to document items that would constitute recoverable damages. Good luck.See question