Sunday, June 22, 2014

I was awarded a personal injury judgement against a couple in a different state. My attorney tells me that he cannot do anything else since ...

Question

I was awarded a personal injury judgement against a couple in a different state. My attorney tells me that he cannot do anything else since they live out of our state. Go I have any other recourse to collect this judgement?



Answer

You would contact a lawyer in the defendant's state to help you collect your judgment.

The other state will have procedures for authenticating your Texas judgment (I assume that the judgment is out of STATE court).



If I close on a house and have an amount for property taxes if the closing party messes up on them am I legally responsible to pay the diffe...

Question

If I close on a house and have an amount for property taxes if the closing party messes up on them am I legally responsible to pay the difference?



Answer

It depends on what the paperwork you signed says. You should have had an attorney represent you at the closing and issues like this would have been avoided. You need to have your closing paperwork reviewed by an attorney now. You could contact the "closing party" that "messed up" and see if they will agree to be responsible. Was "closing party" a closing agent? Their may be some fiduciary responsibility.



If I was arrested for assaulting the mother in a custody case although I am not the biological father, can my testimony on behalf of the bio...

Question

If I was arrested for assaulting the mother in a custody case although I am not the biological father, can my testimony on behalf of the biological father be discredited



Answer

There are a number of reasons why your testimony could be discounted.



i sold a business, i have a detailed signed contract, the person i sold to has defaulted and broke contract. what are my rights?

Question

i sold a business, i have a detailed signed contract, the person i sold to has defaulted and broke contract. what are my rights?



Answer

Did you get a note? Did you get any security for the promise to pay? Is there some security interest in the sold business obtained by a security agreement and a UCC-1 filing? What does the purchase agreement say about your rights in a default? Were these issues reviewed with you by your counsel at the time of sale, or was this done without counsel? Does your buyer have any money, so that a suit against the buyer would be productive? Do you anticipate a bankruptcy filing? Was your buyer an individual or a business entitiy (like and LLC or Corporation)?

More information is necessary to advise you.



Answer

Your rights would start with money damages for breach of contract. In addition, you are likely to have additional remedies as specified in the "breach" "default" and/or "remedies" sections of your detailed contract. An analysis of what-to-do-now must take into consideration the details of your contract relating to breach, remedies, security and collateral, and also what has happened to the business and its new owner since the transaction closed. If the business is failing, you'll probably want to focus on going after the buyer rather than foreclosure-and-repossession type remedies to get the business back. This is where having strong security and collateral provisions, including personal guarantees, pays off. Presumably, you involved a lawyer in preparation of the sale contract. If not, or if you are dissatisfied with him/her, I'd be willing to review your documents and the facts surrounding the breach, without charge, and make recommendations based upon more complete knowledge of the deal and what went wrong. I can be contacted at [email protected]/* */ or (707) 878-2230.



Answer

I might add that I have done business and spent a lot of time in Alturas in connection with the railroad, starting with the SP in the mid-1960s and more recently involvements with the Lake County (Oregon) and Alturas-Canby-KFalls operations, both of which I was quite familiar with until recently.



how to protect my child (17y) from her boyfriend

Question

how to protect my child (17y) from her boyfriend



Answer

Not sure what you mean by protect. In short, if anyone is causing physical harm to your child, call the police. Otherwise, you'll just have to parent the best you can.



Saturday, June 21, 2014

what can I do to get my son back when I have no parental rights from a adoption

Question

what can I do to get my son back when I have no parental rights from a adoption



Answer

If a court has terminated your parental rights then you have no right to your son.

If you want to have any parental rights a court would have to add you to a court order. You would now be treated like any other stranger trying to have access to a child. You would need to talk to an attorney about your options.

It appears that you live in Harris County, if mom is willing to add you back as a conservator of the child, it could be done if all current conservators agreed to adding you. If they won't agree then you will have a tough time being giving parental rights.

Look on this website and on www.avvo.com for an attorney to help you.

Once he turns 18, he can contact you.

I hope this information has been helpful.

My website is www.familylaw4u.com



What are the consequences for placing feces on someone's work phone, and getting caught?

Question

What are the consequences for placing feces on someone's work phone, and getting caught?



Answer

Definite civil liability and most likely criminal liability.



Answer

I agree with Mr. Wheeler. Of course you are also likely to be fired.