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Richard Kurt Arbuckle
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Richard Arbuckle’s Answers

3,221 total


  • How much notice does Defendant need before the hearing date. Defendant can legal be served return registered receipt ?

    Plaintiff is filing hearing to District Court to squash Mediation and show why it is counterproductive and Plaintiff can not afford Mediation fees. Plaintiff can get calendar date within 30 days for hearing.

    Richard’s Answer

    Notice periods are set out in the Texas Rules of Civil Procedure. Also, the courts in your county will have what are called local rules, and they may set out more requirements. Many judges also have what are called court procedures, and these may have more specific things on notice. You have to review them all. They are all available on line. Generally you can use Google to find them.

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  • In small claims, if you have a recording of someone and yourself, how do you prove the other person is the one on the tape

    Wish to sue in small claims. Have a recorded conversation of someone and myself. I don't think the person will appear in court. But... How do I prove the person on the tape is the person I'm suing and not someone else impersonating him?

    Richard’s Answer

    Your testimony that it is the person is allowed, but you may want more than that to persuade the judge. If you know someone who can identify the person's voice, that person can give their opinion that is the person on the tape.

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  • Can I sue the insurance company

    I had been a physician for 20 years For the last 2-3 years I am writing more on my clinics progress notes and had been billing a higher code But now I have charts reviewed by the insurance companies almost on a monthly basis and never received a...

    Richard’s Answer

    Just being reviewed regularly is not grounds, as long as you are still being paid. Their motivation may be that you are billing higher, but that is a legitimate reason to review the records.

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  • What can I do about another company using my business name, web site, phone number and address in it's key words.

    I have a competitor that is using my business name, web site, phone number and address in it's key words.

    Richard’s Answer

    One way to look at this is that the question is not what key word or even meta-tag (and there are different kinds of meta-tag) your competitor uses, it is what the potential customer actually sees. If what is seen would be considered infringement, taking into account all the claims and defenses that might include, then you will win. Otherwise, and usually, you will lose. So if a key word produces an ad, it is the ad that must infringe, not the key word.

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  • If an incident happened in 2012 and you have been in criminal procceedings for 4 years fighting them when do you statues start?

    I am looking to sue a company that put me through a nightmare for 4 years I have continuously been in and out of court now I am completely innocent of everything can I still sue and when does the statue start this is in texas.

    Richard’s Answer

    I believe, but am not sure, that a civil suit for malicious prosecution does not arise until you are found innocent. If I am right, you have two years from then. These are hard complicated cases because there is a DA who would have reviewed the charges and made the determination as to what to bring against you. Unless you can prove the company misled the DA, you are probably going to lose. Your best bet is to talk to a lawyer about the details. If the lawyer thinks a case can be proven, you can hire them on a percentage basis. If they turn down your case (and you might get a second opinion) that tells you something about your chances.

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  • If you are hit from behind while driving down the hwy can you sue?

    My grandma was driving down the road and was rear ended and her car was totaled and the other driver said he didn't slow down because he thought she was turning.

    Richard’s Answer

    Anyone riding in your grandma's car who was injured has a potential lawsuit. It is not automatic that they will win, though. They need to hire a board certified personal injury attorney.

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  • I was a plantiff in a civil suit i had to file bankruptsy in dec of 2014 but i voluntarily dismissed it in jan 2015 .my civil s

    The defendants are trying to say the new court doesnt have jurisdiction because i file the suit after the 30 day eithout prejeduce so its barred now.....but the case was never herd and i wasnt in a bankruotsy when it closed so there was no 30 days...

    Richard’s Answer

    It is hard to figure out your question. Try stating your question again without typos. But I think you are saying your case got dismissed and you tried to file it more than 30 days after it was dismissed. If that is what you meant, then there may be a statute of limitations issue. Otherwise, if the case was dismissed without prejudice, then you should have been able to refile any time within the statute of limitations. However, you would have to start over, you could not just take up the case where it left off.

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  • Motion to Entry/ Motion of intent to Dismiss what does this mean I have to do?

    I had my car damaged by the body shop that was supposed to fix it and is suing me for the cost of repairs he did, but the cost that were paid by my insurance to repair the damage he did to my car cost the same as what he wants. I have sent all rec...

    Richard’s Answer

    I assume you are not in justice (small claims) court, or the court would help. In any higher court (county court at law or district court) no one can help you. You are expected to know what to do or get a lawyer to tell you. The other lawyer can't help because they represent the other side's interests and the judge can't help because that would be taking sides. We cannot help, because that is legal advice and we can only answer general questions here (and many more details would be needed to advise you). So you are sort of on your own. I can tell you that each court has local rules and Texas has Rules of Civil Procedure that work with those local rules. All that is available on line. Many judges also have court procedures in addition to local rules. Check the court's website for those. If you can figure out all those rules, maybe you can figure out what you need to do. Good luck.

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  • Is it legal for a pharmaceutical company to direct mail a physician products specific information?

    We are a media company looking at putting together a major proposal for a pharmaceutical that may include info distribution directly to physicians.

    Richard’s Answer

    It is legal with requirements as to what must be included. Your client should be aware of what is required, but it would not hurt to also consult with a lawyer who practices pharmaceutical and health law.

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  • Statute of limitation is today

    What would a lawyer do if a client came in with the facts strongly on their side and the attorney figured this case must be filed by close of day. If they only a a couple if hours what would a lawyer do. File a quick complaint and when time permit...

    Richard’s Answer

    As others have said, it depends. But when someone comes in at the last minute, it raises red flags as to what they are up to, and what they are not telling the lawyer. If it was someone I knew, I MIGHT file for them, but usually I would reject the case. At the very least, I would check court records to see if the person had other lawsuits pending or in the past.

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