In the complex and nuanced world of the law, discerning the quality of service and advocacy provided by your attorney is paramount. Recognizing potential concerns in your legal representation allows for timely interventions that could significantly impact the outcome of your case. In this article, we outline several red flags that might suggest the need […]
Category: Litigation
Navigating Post-Judgment Receivership in Texas
When a prevailing party, typically a plaintiff or claimant, is awarded a judgment in Texas, the legal journey doesn’t always end there. In certain situations, the enforcement of judgments can be extensive and may involve the appointment of a post-judgment receiver. This legal mechanism, known as post-judgment receivership, plays a crucial role in ensuring the […]
Can HOA Dues and Fees Trigger Causes of Action Under the TDCA or the FDCPA in Texas?
Texas property owners who have been hounded by their Homeowners Association or its lawyers for unpaid dues, assessments, and fines may wonder whether any consumer protection laws exist to give them legal relief against abusive or harassing HOA debt collection practices. The answer is “yes,” but not all such laws are created equal. The Texas […]
Judgement Enforcement: The Role of Venditioni Exponas in Texas
While we have previously provided an overview of the judgment collection process in Texas, there exist many procedural technicalities that can trip up even experienced lawyers. One such technicality is the requirement for a “venditioni exponas.” This Latin term is referenced in Rule 647 of the Texas Rules of Civil Procedure, but it is not […]
Eviction Appeals and Counterclaims in Texas
According to Texas Property Code Sec. 24.004, the Justice of the Peace courts (commonly referred to as “JP courts” or “Justice Courts) have original jurisdiction to hear cases regarding forcible detainer and forcible entry and detainer suits, more commonly referred to as eviction suits. In the past, we have discussed how jurisdictional issues can appear […]
Texas Creates New Specialized Business Courts
The State of Texas is soon to join more than half of the other American states in establishing a set of civil courts dedicated solely to business litigation. Although Texas is a business-friendly state with low taxation and minimal business entity regulations, it has not historically had a court dedicated exclusively to resolving business disputes. […]
The Statute of Repose and Construction Defects
What is the Statute of Repose? The term may lead one to think of the statute of limitations to bring certain actions under Texas law, and while it may operate in a similar fashion, there is one important caveat. A statute of limitation bars a cause of action following an injury or damages, or the […]
The Legalities of Autonomous Vehicles in Texas
In the grand tapestry of legal innovation, few threads are as vibrant and challenging as those connected to the advent of autonomous vehicles. As technology outpaces legislation, the state of Texas finds itself at the heart of a fascinating confluence of law, technology, and transportation. This article delves into the legal implications surrounding the use […]
The Perils of Going Pro Se in a Texas Court
Navigating the legal landscape can be a daunting task for anyone, especially when faced with a court case in Texas. In an effort to save on legal fees, some individuals may consider representing themselves in court, known as appearing “pro se.” While this decision might seem appealing, it is important to understand the risks associated […]
Civil Suits Arising From Criminal Violations in Texas
In Texas, a plaintiff in a civil lawsuit may sue a defendant for damages caused by the commission of a criminal offense, even if the defendant has not been convicted of the crime. This is because the civil action provided by the Texas Penal Code is separate and distinct from the criminal action. Therefore, in […]