Skip to main content
Richard Kurt Arbuckle
Avvo
Pro

Richard Arbuckle’s Answers

3,221 total


  • Can a attorney that is representing you stay your lawyer if he has to give testomeny in the case

    My attorney opened a certified letter the defendants sent me .( because they are proven liars and forgers) he opened so they could not use there word against mine. But he may have to testify he opened it and what the contents were can he still re...

    Richard’s Answer

    I would think this would be something to talk to your lawyer about, not us. I general, a lawyer can testify about some things and this sounds like one of the kinds of things a lawyer could testify about and still represent you. If this was going to be a big deal, however, the lawyer should have videoed opening it or have some other way to establish it other than the lawyer's word.

    See question 
  • Can I file a suit for DTPA claim and Civil suit at the same time

    I know that you have to give a 60 day notice for a DTPA claim but can a separate lawsuit be filed as well

    Richard’s Answer

    Your question indicates that you do not understand the system well enough to go it alone. A DTPA claim is a civil suit. You at least need to talk to a lawyer. If it is a small claim, then file in jp court and they will help you with the process. If the facts of what you are calling your civil case are the same as your DTPA suit, then they will both be in one lawsuit, so the notice period will need to be met.

    See question 
  • Am I harassing my ex?

    My ex girlfriend and I broke up a little over a month ago. We've went back and fourth between, deciding if we wanted to make things work and not. She lives in Maui, HI, and I am in Texas. One night, I called her a bunch of times, I allowed my emo...

    Richard’s Answer

    I don't think you need to worry at this point, but do stop calling and texting. I used to be that it was hard to be accused of harassing someone, because it was not easy. Now it is too easy to text and leave messages. If you need help controlling the urge to contact her, then get it. If you just have to contact her, do it in a letter, AND think about what you are saying before you write. NO threats!!

    See question 
  • Do I have a case against my employer?

    I had a child prematurely. I sent my child's picture to a co-worker whom I consider a friend. My co-worker innocently sent it to my supervisor and advised that yes I had the baby. My supervisor sent it on to 10+ member of our team without my conse...

    Richard’s Answer

    You have no case unless there is something you are not telling us. Having a supervisor that is willing to share the joy of the birth of your child with your team seems the opposite of anything to be upset about. Most people would love to have a supervisor like that.

    See question 
  • How can I amend a small claims court case (as the plaintiff) in Texas? Can it be done the day of court?

    I originally filed a small claims case against someone for around $1000. But now due to additional claims, the total amount I am asking for has increased to the max limit in Texas, $10,000. I called the county clerk's office on how to amend the ...

    Richard’s Answer

    Write up the amended claim using the original claim as a sort of form to follow. File it with the jP court's clerk, not the county clerk. Do it as quickly as possible and make sure to serve it on the defendant.

    See question 
  • Why would a monetary settlement be made out to the law firm and not to the person that filed the lawsuit?

    A pastor of a church was asked to leave a church. He in turn filed a frivolous lawsuit. The church decided in mediation to settle with him for $30,000.00 so he would go away for good. It's now being requested that the payment be made out to his at...

    Richard’s Answer

    He has an agreement with the law firm to pay his fees out of the settlement. So the firm gets the check, clears it, and then disburses the pastor's share to him.

    See question 
  • Can I sue the Beaumont Police Department for wrongful death?

    The Beaumont Police Department shot and killed my 22 year old son in March of 2016. My son had a pistol and they shot him in the face with and Ar15. However I was told by the lead investigator you could not tell if he was pointing the gun at the o...

    Richard’s Answer

    This is probably more an excessive force case than a negligent use of firearms case, but as others have said, quick notice needs to be sent. So try to hire a lawyer quickly. I must add, that if your son had a pistol, this is going to be a very difficult case to win. It depends on the facts of course, but you start out with everyone wondering why your son needed to have a pistol out.

    See question 
  • How do I go by seeking legal representation for harassing calls and from a consumer with racial slur left on my voicemail.

    Hi my name is matrise falcon my husband was previously laid off. We currently owe conns appliances a few hundred bucks . We have constantly told them that as soon as we are able to pay them we will give them a call and kindly asked them to stop ca...

    Richard’s Answer

    There are attorneys who handle improper debt collection. You can search for one on AVVO. Using racial slurs is definitely one collection practice that is not proper.

    See question 
  • Should she hire a lawyer? What can she do?

    Someone that I know rear-ended someone and was very scared because this was her first car accident and she had never hit someone before. The problem is she was driving someone else's vehicle and that person is deceased, but she is on the insurance...

    Richard’s Answer

    She needs to notify the insurance company immediately and it will provide a defense on any civil action. She needs to hire a criminal lawyer on the failure to stop and render aid issue.

    See question 
  • What kind of legal recourse do I have in this situation?

    I am looking for some advice. My 9 year old son was sexually assaulted by another male student in the bathroom at his school. He has had problems with this student all year and had made multiple sexual comments towards my son as well as grabbing m...

    Richard’s Answer

    You can file a civil action on behalf of your son for a civil rights violation in failing to keep him safe. It will be a difficult case to win as the courts are against you. Talk to an attorney who handles civil rights cases.

    See question