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tishthedish posted:Sorry! Texas. Insurance adjusters in this state are scum and will lie through their teeth. Put them through the wringer.
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# ¿ May 13, 2010 16:47 |
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# ¿ Apr 27, 2024 12:41 |
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Runaktla posted:Why is he horrible, because he said $80k isn't that great for an attorney? Because those jobs are non-ex-loving-istent.
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# ¿ May 20, 2010 00:42 |
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joat mon posted:Amen. I'll support your "Goatse service" rule if you'll help me get my "Motion for Better Facts" and "Motion for Dope-Slap" accepted. I'll support all three of these if you support my "Motion for Opposing Counsel to Go gently caress Themselves". It's been tossed about for years but I think we can get it out of limbo.
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# ¿ Jun 21, 2010 17:00 |
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JudicialRestraints posted:The first time someone shows me a church organizing underage prize fights I am going to join in a heartbeat. Do you know how long I've been wanting to do a bareknuckle match in a basement? Especially a church basement? My god. Let's start a church.
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# ¿ Aug 2, 2010 18:11 |
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Annakie posted:About seven months ago I posted about my car accident and asked about getting a lawyer (here's a link to my posts). But basically, the accident was the other guy's fault but I had some injuries and my shoulder was in ongoing pain. Oh holy poo poo. I'm not a lawyer, I'm not your lawyer, this is not legal advice, get independent counsel. But I know a little bit about legal malpractice in Texas. Annakie, your lawyer does not have authority to settle for you. That contract is voidable. Your lawyer has hosed up. You may not be able to pursue an action against your lawyer yet because he hasn't prejudiced you from recovering necessarily. However, you should be able to recover a lot more from the insurance company. "Lot" being more than $8500.
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# ¿ Sep 29, 2010 18:35 |
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Tab8715 posted:From my understanding, when doing a "discovery request" are you're asking for is the evidence against you. How could anyone gently caress that up? Objection: Request is overbroad and demands that Plaintiff marshal all of his proof. GRANTED. Great job there champ, welcome to civil litigation. G-Mawwwwwww fucked around with this message at 21:09 on Nov 2, 2010 |
# ¿ Nov 2, 2010 21:06 |
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Tab8715 posted:I asked for an example, no one gave me one other than "well, these guys said it's a bad idea, just because". I then gave my own, from my real life only to be told it's a civil case, i'm stupid, blah, blah, blah. It's because you're pulling things out of your rear end. Discovery is an incredibly complicated and in-depth process in civil cases, relying on precise wording and knowledge of the law.
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# ¿ Nov 2, 2010 23:21 |
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fromsinkingsands posted:To make a long story short: Depends on how much the hospital bills run and how much your friend makes in wages. Not to mention the laws in the jurisdiction-- there's kind of a divide in a huge debate called paid or incurred. Buuuut... (I AM NOT A LAWYER. I AM NOT YOUR LAWYER. I AM NOT HIS LAWYER. THIS IS NOT LEGAL ADVICE. GET A SECOND OPINION.) Between five and very low six figures (and that six figures is really, really, really pushing it. The stars align or he's a star athlete or something).
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# ¿ Jun 14, 2011 04:17 |
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CombatMedic posted:In Travis Co, Texas. I'm not your lawyer. This isn't legal advice. Get another opinion. But yes. You're in a community property state. The judge can make a fair distribution of community property and community debt incurred during the period of the marriage, barring some exceptions.
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# ¿ Nov 30, 2011 16:57 |
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wldmn13 posted:No, it's closed now. Was the decree based on the arbitration?
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# ¿ Jan 19, 2012 18:14 |
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I'll tackle this too.visuvius posted:She handled my divorce through which I got fairly hosed and I ended up paying a shitload more than what I'm thinking I should have paid. Every person I've ever met that went through a divorce said this. "I GOT hosed. THE COURT hosed ME. MY ATTORNEY WAS DUMB. THIS IS BULLSHIT I SHOULDN'T HAVE TO PAY THAT WHORE/THAT FUCKER, MY ATTORNEY WAS poo poo I COULD HAVE DONE A BETTER JOB MYSELF." quote:In the statements I did get, after scrutinizing the poo poo out of them, I realized that in later statements, she had gone back and increased rates for things that had already been done and charged for, to make the bottom line retainer remaining less. I'm not your lawyer. I don't live in your state. See another attorney. But this is fraud and civilly actionable. If you had a billing agreement (in writing, it sounds like) and she went back and changed her rates without your consent for work already done (e.g., she agrees to charge 100 and then bills 150 an hour) then it's fraud and possibly a deceptive trade practice. quote:Her interactions with me were always incredibly stressful -- she was basically more of a stress then my actual ex-wife. She was basically a colossal bitch who had me by the balls once the whole divorce was rolling. I didn't have the money to start all over with another attorney so I stuck it out with her. I can go on an on about the lovely things she did or didn't really do. You should have come earlier. Some states will let you get the remainder of a retainer back from an attorney. Right now it just sounds like you're butthurt and stressed out and looking for someone to take your rage out on. Sorry dude, divorce sucks. Also, at least in some states, family law courts have a huge amount of latitude. ESPECIALLY community property states like California. Just because you think you got hosed doesn't mean she was incompetent. G-Mawwwwwww fucked around with this message at 00:30 on Jan 26, 2012 |
# ¿ Jan 26, 2012 00:25 |
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Incredulous Red posted:This is why I won't practice family law. Ever. Get ready for some stories. You know, when I get more cases. I was hanging out and third chairing a child support modification (which means hanging out behind the bar and looking important) talking to the client. His girlfriend's ex-husband was filing a child support modification and the client was saying "This is loving bullshit, he should totally have to support little man [his girlfriend's kid] as much as possible" and then turned around and said "But poo poo man, any chance you could get me to pay less child support? I love my little girls but it's eating me alive."
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# ¿ Jan 26, 2012 05:00 |
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Incredulous Red posted:Between that and probate Hahaha guess who's getting ad litem certified for both on Friday Family, probate, PI (including worker's comp) and crim, baby. And then some professional malpractice/breach of fiduciary duty stuff too.
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# ¿ Jan 26, 2012 05:10 |
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euphronius posted:Three lawyers working on one child support modification? One was a newish attorney associated with an older attorney on the case to not gently caress it up and they decided to bring the REALLY new attorney to meet the judge.
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# ¿ Jan 26, 2012 16:32 |
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joat mon posted:Not TX person, but date is date of divorce decree. What he said. There's a presumption of community property for property acquired during or on dissolution of marriage.
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# ¿ Jan 27, 2012 18:02 |
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entris posted:Not a lawyer in a community-property state, but I think the answer depends on whether the money you used to buy the ticket was considered separate property within the community property rules. Nailed it. Unless in an even-more-unlikely scenario where you have a source of separate property (say an inheritance), write a check from the bank account where you keep the principal (because income from separate property is community property) and then use that to buy a lottery ticket. And even then, ennnhhhh because I'm not going to look up to see how they classify lottery winnings unless you'd like to pay me.
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# ¿ Jan 27, 2012 18:29 |
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Leopold N. Loeb posted:I live in Texas. My father, who also lived here, passed away late last summer. He let no will. He was married at the time of his death to his 2nd wife, my stepmother. Together they owned a small lot here in the town where I live. Am I entitled to any of his estate? The property was acquired during the marriage, if that helps. Hell yeah you are. You get his half of the community property, assuming you're an only child. Otherwise you and your siblings split it, so long as there's no language in the deed making them joint tenants with a right of survivorship (basically, if you put in the deed record that you're Joint tenants with right of survivorship, the entire interest goes to the survivor when the other joint tenant dies). You should own a joint undivided interest in that real property. But I'm not your lawyer and you should get a second opinion. If she's using it as a homestead you may be boned. G-Mawwwwwww fucked around with this message at 22:42 on Jan 31, 2012 |
# ¿ Jan 31, 2012 21:43 |
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entris posted:I agree with CaptainScraps. Right. Two thirds of his sole property and his half of the community.
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# ¿ Jan 31, 2012 22:49 |
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kmcormick9 posted:My daughters mother currently lives in MD where we have a visitation order in place. A week ago she married a guy that she presumably met in the summer(she moved out of a fiances house and in with this guy over the summer). The issue comes about in that this guy she just married is about to get shipped out to AF basic and will not be moving back to MD for at least a few years. Now you dont just go marrying a guy for him to move across country without you going with him. Do not gently caress around with injunctions. They're complicated. Get an attorney.
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# ¿ Feb 2, 2012 00:18 |
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Leopold N. Loeb posted:Lawyer here un town says after pulling up the deed and tax unfo that it is pretty cut and dried. It will.cost me a few bucks.for him to do the.necessary paperwork of course but whatevs. Anybidy know if we will all have to agree to.sell, or does she get a greater say as she owns a bigger piece? Sorrt for the periods, I am.fat fingering my smartphone.... As tenants in common you can request a partition by sale or a partition in kind. Basically they'll carve up you up a piece of the land according to your interest (likely) or sell the whole drat thing and give everyone a proportion of the sale (unlikely).
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# ¿ Feb 2, 2012 03:46 |
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entris posted:I disagree, I think they'll sell the property and give everyone a slice of the proceeds - much easier. In probate work in my state, I rarely see judicial partitions where the property is divided up in kind. Actually if it's not homesteaded I'm going to go with your answer. And yeah I think it is mainly partition by sale. Both are an option.
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# ¿ Feb 2, 2012 04:08 |
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The general criteria for creating a homestead are (i) overt acts of usage, and (ii) an intent to claim the land as a permanent residence.(28). http://library.findlaw.com/1999/Oct/1/126857.html Looks good.
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# ¿ Feb 2, 2012 22:30 |
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Aquatic Giraffe posted:I live in a duplex, and the dude who lives in the other half just got raided by the police and arrested for felony to distribute (marijuana). The only answer is maybe. Odds are there won't even be a trial as drat near everyone pleads out.
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# ¿ Feb 4, 2012 03:10 |
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Adama posted:That's what I was worried about; I think I'll call them in the morning and at least ask them to hold onto a copy. Write them a letter, too.
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# ¿ Feb 11, 2012 02:09 |
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Yup.
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# ¿ Feb 11, 2012 02:20 |
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Leopold N. Loeb posted:I will ask my lawyer, but I am curious, how will any debts he may have had affect the distribution of his assets? Will we have to sell his home and land if we don't want to? Is my portion of the estate responsible for his debts? Or his wife's? Or both? You pay any claims out of the estate before making a distribution. So you, your sibling and the wife have your shares diminished. G-Mawwwwwww fucked around with this message at 04:16 on Feb 17, 2012 |
# ¿ Feb 17, 2012 03:52 |
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Leopold N. Loeb posted:Also, my sister is estranged from the family, and may wish to forfeit all or some of her inheritance. Can she do this? And if so, what happens to her share of the estate? She'd need to sign a disclaimer and it would fall into the residuary and be distributed like she didn't exist. So between you and your step-mother.
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# ¿ Feb 18, 2012 03:45 |
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Serella posted:So I've got a question about divorce. Long story short, I am getting one. I am filing in Florida and have all the forms for Simplified Dissolution, but I need to know if I need a lawyer or not. The forms themselves are very simple, as is our case. We have been separated for a few years, are on amicable terms, have no children, and have no possessions which need to be divvied up. Might be easier to do a default prove-up if he's confident you won't out-right gently caress him over. For no contest divorces, I've seen prices from $750 total to $1500 total.
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# ¿ Mar 2, 2012 18:42 |
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Serella posted:Had to look up what that meant, but I don't quite understand. Does that mean that he just doesn't show up for the hearing and I can proceed from there? I'm not going to gently caress him over, and I'd like to know what the ramifications might be for not showing up for the hearing. He doesn't show up, you tell the judge what you want, he or she generally gives it to you. Alternately you might be able to show up with an affidavit from your ex-husband. (Hire a family law lawyer, they'll do this for about $1000.)
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# ¿ Mar 2, 2012 19:10 |
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flip6-3hole posted:Can you sue someone is Civil Court/Small Claims Court for your Criminal defense fees? You could probably cook something up but good luck collecting any money from them.
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# ¿ Mar 2, 2012 20:12 |
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baquerd posted:But then how can you trust them and evaluate how well they will perform? It feels like a gamble. Pretty much everything is routine to an old dog.
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# ¿ Mar 3, 2012 04:19 |
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kriminal posted:I hosed up big time. If you're in Dallas, I can recommend a good guy. (It's not me, I promise!)
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# ¿ Mar 9, 2012 22:08 |
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Then you have a decent lawyer. If you see a very cute albino-ish girl prosecuting, I went to lawschool with her! Haaaay. G-Mawwwwwww fucked around with this message at 23:43 on Mar 11, 2012 |
# ¿ Mar 11, 2012 22:33 |
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euphronius posted:Where is the fraud or deception in that fact pattern? Entering a contract with no intention of performing while making a representation that the parties relied on to their detriment. I'd allege fraud and breach.
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# ¿ Mar 13, 2012 19:00 |
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euphronius posted:Yeah I know. But is tough to prove that "no intention of performing" part, especially in the context of contracts. Case law wants to label these situations breaches rather than fraud. Yeah, I'm with you. Might as well try for it and see what discovery cooks up, though.
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# ¿ Mar 13, 2012 19:38 |
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2SiBi posted:So I just found out my lawyer died 2 days ago. My first superior court appearance is this Monday. What is likely to happen and what do I need to do about this? Get a new lawyer immediately, have him bust his rear end to ask for a continuance.
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# ¿ Apr 11, 2012 20:44 |
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nm posted:This. And if your lawyer was local, the judge will likely grant you a continuance because he or she knows that lawyer died.
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# ¿ Apr 11, 2012 22:59 |
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notwhoyouknowiam posted:My question is, under Texas law, is there a way to get my dad's name removed from this loan considering we have lost control over this vehicle? Or are we better off reporting the vehicle as stolen? Your dad is hosed.
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# ¿ Apr 16, 2012 15:22 |
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DuckConference posted:Couldn't there still be some possible negligence? If this guy is crashing around hard enough to break legs in a co-ed beer league, it certainly seems possible that he breached the standard of care he owed her. Not a lawyer though so I may have it all wrong. No. Unless he did something outside of the assumed risk of the sport (fist fight, hit her with the bat), she assumed the risk.
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# ¿ Apr 25, 2012 18:15 |
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# ¿ Apr 27, 2024 12:41 |
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Baruch Obamawitz posted:You're dumb as hell, Jesus Only if the owner knew that the driver was an irresponsible driver or had certain provisions worked into his policy that he probably didn't have. Call a lawyer. They might get you something through an uninsured motorist provision.
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# ¿ May 3, 2012 02:54 |