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Questions Answered by John Michael Frick
1 Answer | Asked in Communications Law for Texas on
Q: I have a company who has been calling me for months I have asked them to stop calling. They calling several times a

Day for example they have called 21 times in 13 days

John Michael Frick
John Michael Frick
answered on Apr 26, 2024

Under Texas law:

(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

* * *

(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner...
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1 Answer | Asked in Health Care Law for New Jersey on
Q: Does a LEO have to accompany a minor to the hospital , if a custodian has not been contacted.

Conscious and alert minor not under arrest.

John Michael Frick
John Michael Frick
answered on Apr 26, 2024

No. There would be no reason law enforcement should be involved in a minor (or adult) seeking care from a hospital, especially if they are conscious and alert. Under New Jersey law, some minors have the legal capacity to consent to treatment at a hospital in certain circumstances, and almost all... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Getting out of a bad mortgage with little to no damage to credit.

My husband and I bought a house in 2022, we bought it while in a different state so we never saw it in person. They needed to fix the foundation before the sale could go through and when they did it caused a lot of damage to the house, plumbing was detached and ruined, the chimney detached and... View More

John Michael Frick
John Michael Frick
answered on Apr 26, 2024

Assuming your Lender is not the same person or entity as the Seller, your best strategy to avoid harming your credit is to sell the house "as-is" to an investor and pay off the mortgage. Given the problems you describe, you will likely lose much of your equity and may even have to pony... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: I need to file a motion in contempt for several issues in family court. I need to know how to file for multiple issues.

Violating parenting time order

Violating court ordered therapy for children

Violating initial agreement for living accommodations

Removed my access to children’s medical records

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

A motion for contempt is not a DIY project. You need to consult an attorney with experience in the area of family law in or near the county of the court that issued the orders being violated. It is very easy for an inexperienced attorney--much less a layperson--to fail to satisfy the specificity... View More

1 Answer | Asked in Employment Law for Georgia on
Q: I am a 1099 employee driving a company vehicle..is it legal for them to make me buy fuel for there vehicle

Also if this is legal can I write my gas off even though I drive there vehicle

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

An independent contractor (i.e. a 1099 employee) such as yourself can enter into any agreement you want with the company that hires you. They may ask to condition your use of their vehicle on you paying for the fuel you use, and you can agree or not.

It is kind of unusual to have an...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Texas on
Q: If someone got coerced into signing a plea deal but no evidence was found & it was based on hearsay how can one go about

Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More

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1 Answer | Asked in Probate for Texas on
Q: My mother passed away recently and had a will. She was in a nursing home when she passed, so she had a very small estate

She had no real property, no vehicles, a small life insurance policy, and small bank account. If the will has to be probated, do I need an attorney or can I as the executor handle this? Does the will need to be probated?

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

To probate your mother's will, you need an attorney. You may be able to probate the will as a muniment of title under the circumstances. Probating a will in Texas is a relatively simple straightforward process for an attorney familiar with probate law. Unless someone contests the will, it... View More

1 Answer | Asked in Employment Law for Texas on
Q: Is it legal to work a full shift without being told what your pay is changing to in the state of Texas?

My husband's employer notified all employees that their pay was getting switched from a daily pay rate to an hourly pay rate. They reassured them that their pay would not be lowered but would not let them know what the hourly rate would be or when it would take place. My husband went in to... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Under the circumstances described, neither the employee nor the employer has done anything illegal. Your husband could have declined to work yesterday without being told what his hourly pay rate would be. Since he was told that his pay was getting switched from a daily rate to an hourly rate but... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: When initiating a divorce, if the wife asks you to pack your bags and leave and you comply.canthisbe used againstulater?

Both names on the mortgage. One doesn’t want to lose any rights to house, kids, or assets.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

It can be used against you in a temporary order hearing to award the wife temporary exclusive use and possession of the house during the pendency of the divorce action. It will not affect a final disposition of the property in your divorce decree.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can you provide services for a deposit that has not been returned. I moved out in Jan 2024 and as of 4/18 I have nothing

I moved out Jan. 2024 and still havent received anything. I have sent emails and I had the run around. I also went into the office to ask questions and they said everything is processing. That was March 22nd. I am reaching out for help since I havent received an itemized statement of deductions or... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

The most common issue in a case involving the delay in issuing a refund of a security deposit is proof that the tenant gave the landlord a written statement of the tenant's forwarding address. Section 92.107 of the Texas Property Code makes this a condition precedent to the landlord's... View More

1 Answer | Asked in Foreclosure for Texas on
Q: What do attorneys do when someone is facing foreclosure by the HOA.
John Michael Frick
John Michael Frick
answered on Apr 24, 2024

If there is a valid ground to contest the foreclosure, an attorney likely would file an application for a temporary restraining order and temporary injunction as part of a declaratory judgment action seeking a declaration that the HOA does not have valid grounds to foreclose on the property.... View More

1 Answer | Asked in Personal Injury for Texas on
Q: It took over 6 mo.for the lawyer to get me to see a lung Dr due to a black spot on my right lung in the middle of it an

an now I'm having breathing problems if I would of seen a lung Dr when I told the lawyer I wouldn't have to do breathing treatments the rest of my life he failed to get me a Dr when I first told him an my wife has to have back surgery an the same thing with her it took him that long to... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Typically, lawyers are not involved in making arrangements for patients to see doctors. That being said, pulmonologists are a type of specialized doctor that is in high demand. When my internist referred me to my pulmonologist, the earliest appointment I could get with her was more than six... View More

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: Should I file a motion to deny the continuance request filed by the Debt collector suing me due to false information?

Court is set for May 10 at the Justice of Peace precinct in my county. The copy of the continuance request I received states it is due to them not receiving an answer to the summons and wanting to prepare paperwork for a default judgement instead. They requested it be set back 60 days but I did... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You should file a Response to the Motion for Continuance stating that you did properly file your answer with the justice of the peace court and attach a file-marked copy of your answer as an exhibit to your Response. Unless there are other factors at play, I would state that you are ready to... View More

1 Answer | Asked in Car Accidents for Texas on
Q: A civil citation states we were negligent owners in an accident, but we sold the vehicle. How can we be removed?

We have the bill of sale and registered the sale with the DMV. How can we go about being removed as defendants in this case? Case is in Harris County, Texas

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Ask the lawyer defending you in the accident case to file a traditional motion for summary judgment asserting that you were not the owners of the vehicle at the time of the accident. You can attach the bill of sale and registration as summary judgment evidence.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What do we need to do if we feel the custodial parent household is not safe for children.

We have been having difficulty with the custodial household. We have had instances where the child has been neglected in hygine, health, and possible excessive punishments for small things. We have had to get in touch with cps several times and nothing is being done.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You need to hire an attorney with experience in family law to file a Motion to Modify in Suit Affecting the Parent-Child Relationship and ask for temporary orders. I strongly recommend that you stop communicating with CPS unless one of your children suffers a serious bodily injury or medical... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I get my kids for the last weekend in May after school ends?

My papers say that I get my kids the 1st, 3rd, and 5th Friday of every month. My summer possession are as follows I get two weeks in June and two weeks in July. The papers also state that I get them in the summer for my regularly weekend visits, but that is not what I was told when they where... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

First and most importantly, your summer possession schedule is determined by exactly what your possession order says.

Normally, under the standard possession schedule in Texas, you get your weekDAY (typically Thursday) period of possession only during the school year, but you get your...
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1 Answer | Asked in Employment Law for Texas on
Q: I live in Texas and my employer said I cannot pump milk on the job and I have to dry up is that legal?

I am a nursing mother outside of work and I just started working well when I said I needed to pump my employer asked if I was drying up because during the mornings it’s so busy and I won’t have time to pump and when I said no she stayed quiet is this grounds to fire me? I didn’t know this... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Any employer who has at least fifty employees is required to provide reasonable breaks and a private place other than a restroom for a mother to pump milk for one year from the date of birth of the child.

Guidance suggests that "reasonable breaks" should be 2-3 breaks in an...
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1 Answer | Asked in Business Law, Contracts, Consumer Law and Small Claims for Texas on
Q: Where do I file a small claim against a corporation headquartered in Ohio but conducts business in Houston, Texas

The Company is Divisions Maintenance Group in Ohio but operates a handyman app that provides a job load board for technicians anywhere in the nation. As we perform maintenance jobs for businesses in our local region, the businesses pay Divisions Maintenance Group for our services, and we get paid... View More

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092. So in the JP court for the precinct where the Sam's Warehouse where you performed the services is located.

3 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I am respectfully being declined by lawyers for malpractice law suit. What am I doing wrong? Please and thank you.

I had gallbladder surgery removal because I had stones. The doctor missed one and I ended up with sepsis and a second surgery for the removal of second stone. My heath has never been the same. Can someone please help me.

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

As I am sure you have been told, a bad outcome in a surgery does not necessarily mean that your surgeon committed malpractice.

Take your medical records to another surgeon in or near the county where you first surgery occurred and pay him/her to thoroughly review those records to determine...
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3 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.

How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

There is likely no way to legally enforce a verbal promise to hand over real property in these circumstances. The decedent should have made a Will or recorded a Transfer on Death Deed. At this point, you will have to contact his heirs and ask them to deed the property to you, and they are under... View More

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