Skip to main content
Richard Kurt Arbuckle
Avvo
Pro

Richard Arbuckle’s Answers

3,221 total


  • Is it required that I have a hearing ? Can I go forward with case without a hearing and set a trial date ?

    I have a case in Rockwall, Texas District Court. Are there two paths hearing or no hearing ? Who decides. Can I go forward with case without a hearing.

    Richard’s Answer

    Rockwall courts don't have local rules except in family law cases involving children. Contact the court coordinator for the court your case is in and ask what the procedure is to set a case for trial. They will tell you what you need.

    See question 
  • Subpoena for to attend a hearing in Federal court to an employee of the defendant? Payment to attendees? No of days b4 hearing?

    In a federal civil trial, there is a hearing set on a particular date around 30+ days or so. There are some crucial evidence/info can be had from the employee of the defendant (a business) who is also listed in the defendant list apart from the bu...

    Richard’s Answer

    Mr Guidry got all but (3). In federal court it is $40 per day plus mileage. I usually attach $50 to the subpoena to cover all that. This assumes the witness is in the same area where the court is located. While there is no time limit on a subpoena, do it now. The more time they get, the less they can say they have a pre-paid vacation planned for that day and so cannot come.

    See question 
  • What can i do about this problem i dont want to get messed over

    My grandmother/ mother left a hoise to me and my daughter. My uncle went down to some place and took the house from underneath us. Now the house is in trouble behind on taxes and about to be taken on 3-7-16 what can i do to safe this property and ...

    Richard’s Answer

    You will need to try and get an injunction to prevent a sale. I don't think you will be able to do that without legal help. A lawyer could also help you talk to the taxing authority about getting things in order.

    See question 
  • Can Allstate lower my settlement if they find out how much the hospital lowered my bill?

    I have a question about a car wreck I was in that occurred in Austin, Texas. The other party was at fault therefore I was offered a settlement amount for my medical bills and time off work. Allstate offered me a settlement amount but before signin...

    Richard’s Answer

    I wish you had asked this before negotiating with the hospital. We could have given better advice then. But the legal answer (not necessarily the strategic one) is that any offer can be taken back until it is accepted. A lot more information would be needed to know what action you should take now. One might be to get a lawyer to look at the whole situation and give you some guidance.

    See question 
  • What can I sue for, regards the LARGE San Antonio, Texas based retailer that displayed the hammock ??

    While shopping at a large retailer in Texas, I was viewing a portable cloth and metal hammock that was erected as an advertising display, the display invited shoppers to sit in it. There were no warning or caution signs of any kind associated wit...

    Richard’s Answer

    You can sue for medical expenses, lost wages, pain, mental anguish, physical impairment, and any disfigurement (such as scars from surgery). You can sue for both past and likely future damages. You will need a very good lawyer.

    See question 
  • Can i sue them?

    I did work for a company and they're not paying me saying some supplies were lost. I was not informed that they were holding my pay and when I found out I requested a list of the supplies and the price of the supplies so I would know what they ar...

    Richard’s Answer

    You can sue them and if the amount is less than $10,000 you can do it yourself in justice court. They will help you fill out the paperwork. Good luck.

    See question 
  • How do I file a civil suit against a company and what county or city should I file. Thanks

    Hello all, I'm wanting to file a civil suit bc the company failed to agree on the property amount to repair the damages to my vehicle and have not followed up with my demand letter, but I'm a little confused on what county to file, I was deliverin...

    Richard’s Answer

    You file either where the defendant is located or where the damages happened. In this case that seems to be the same place.

    You might consider turning everything over to your insurance and let them go after the other side. You may have a deductible but they might get that back. This is assuming your insurance covers this kind of damage. If not, you really need to sit down with an attorney. If the amount is below $10,000 you can file in justice court and they will explain what the process is. In a higher court, you will be over your head before you even get the defendant served. If it is not worth getting a lawyer, it is not worth your time just to lose it bc you don't know the process. If the defendant is solvent or has insurance and enough money is involved you my be able to get a lawyer to handle it on a percent basis.

    See question 
  • How do I withdraw legal aid services and can I?

    I am receiving legal aid for my divorce cuz there was some domestic violence but he's always been a very good father & during the time I've been gone he enrolled in a DV group & a parenting class, provided drug tests & has been depositing child su...

    Richard’s Answer

    Based on what you have said, I think the best first step is to write a letter to your current attorney telling her your concerns and that you feel neglected and disrespected by her. That should result in a meeting with her. I am reluctant to just say get a new lawyer or fire the current one, as sometimes people make a BIG mistake not listening to their lawyer, especially when violence has been involved. You may think things are going to be fine, but your lawyer will usually be much more objective about what is going on.

    See question 
  • Displaying a complaint and default judgment on Internet?

    Man scammed me out of money. Others told me he did same to them. Can I post a complaint and default judgment on the Internet so at least others in the future can potentially see it if they do due diligence. It's just the truth. I'll never collect ...

    Richard’s Answer

    Protect yourself by making sure you have backup to prove whatever you say. You might want to get some consumer oriented site to post it as a go-between. But the rule is that if it is true and not a violation of privacy laws (such as medical records), you are not liable for publishing it. Does that mean you won't get sued. All suing takes is a filing fee and a petition.

    See question 
  • Do I call "their" ins. co. to get rental or do I let my attorney handle it?

    had car wreck (not at fault)

    Richard’s Answer

    Usually it is OK to deal with the other side's insurance on property damage. But sometimes it is not, so discuss it with your attorney.

    See question