Tessmer Law Firm, Author at Tessmer Law Firm - Page 18 of 30
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Author: Tessmer Law Firm

People adopt for a wide variety of reasons, infertility being among the most common. About half of adoptions in the United States are between related individuals, such as in a "step-parent adoption" where the new spouse of a parent adopts a child from their husband or wife's previous relationship.   When can the adoption process begin?  The mother of a baby may consent no sooner than 48 hours after the child’s birth.  A man may sign an affidavit disclaiming any interest in the child at any time after the first trimester.  But if a man is the biological father and married to...

Adoption is defined as "a process whereby a person assumes the parenting for another and in so doing permanently transfers all rights and responsibilities from the biological parent or parents." In the State of Texas, adoption is regulated under Family Code Section 162. This week, Tessmer Law Firm will offer tips and advice regarding the adoption process.   Adoptions typically take one of two forms: "Open" or "Closed." In an open adoption, the identities of the biological parents are known to the adopting parents and communication between the adopted child and his/her biological family may be possible. In a closed adoption, all...

Another obstacle that can prevent you from filing litigation is known as locus standi, or "Standing." In order to bring a lawsuit before a court you must be able to prove that you are sufficiently affected by the matter at hand, and that you have been harmed or imminently will be harmed. You cannot file suit just because something bad happened to you, or for something that happened to someone else. For example, if you sue your neighbor because the gazebo in his backyard is ugly and offensive to your tastes, that lawsuit would most likely be frivolous. If it blocks...

Some laws try to prevent frivolous litigation from ever reaching the courtroom.  The Good Samaritan law protects those who try to help others who are in danger from being victim of a successful lawsuit. This law not only keeps frivolous lawsuits from happening, but also provides incentive to help others in need.   You may be thinking “If the court has so little patience for frivolous proceedings, why have I heard of so many ridiculous cases?”  What comes to mind for most is the McDonalds hot coffee lawsuit.  The truth is the Plaintiff in that case suffered third degree burns which required skin grafts.  Instead of being awarded millions like...

There are usually underlying motivations for frivolous lawsuits. Ever heard of the “pants lawsuit” (Pearson v. Chung)? In 2007, a D.C. judge, Roy L. Pearson, sued a dry cleaning business for over $67 million dollars for the loss of his pants because they refused to give him a refund of over one thousand dollars while having a “satisfaction guaranteed” sign in their window.  Why $67 million?   Among his requests, $500,000 for attorney’s fees (he represented himself), $2 million for “discomfort, inconvenience, and mental distress”, a whopping $15,000 to cover the cost of a rental car so he could drive to another dry cleaning business...

In district court, anyone (be it the attorney or yourself) presenting the court with any paper, pleading, or motion must actually certify that it is justified by an existing law, has a reasonable argument for an existing law to be changed, or for a new law to be made.  This allows the court to fine up to $25,000 for a frivolous case.   There is even more at stake than a monetary fine.  It is an attorney’s sworn duty to honor the American judicial system by knowing and understanding not only American law and courts, but also the study of logic, or, the way sound...

This week, Tessmer Law Firm will discuss frivolous lawsuits.  We’ll call it Frivolous Lawsuits 101.  What exactly is a frivolous suit?  It does not just mean any lawsuit you subjectively find unfair.  A frivolous lawsuit refers to any defense or claim that has little to no hope of success.  Filing many suits for the same claim, claiming extreme remedies, or filing a claim when an existing law prohibits the claim are all considered frivolous.   Much like using the word frivolous in any other context, a frivolous lawsuit wastes. Time of the court, time of both parties, money with legal and court fees, and resources are all wasted on frivolous claims.  Frivolous litigation can...

If you win, the court will enter a judgment in your favor, but this does not mean you automatically get your money. In many cases, a defendant will simply pay you if you win; however if they do not, then you must take legal steps to try and enforce your judgment.  Texas is very favorable to debtors and it may be hard to collect.  You should consider discussing your post-judgment remedies with a qualified attorney.   Either party may appeal the decision of the Small Claims Court if the dispute exceeds $250.00, exclusive of court costs. A Notice of Appeal must be...

To file your suit, you will need the following information: Your complete name and address The complete name and address of each person or business your claim is against The amount you intend to claim in damages (must be $10,000.00 or less) A statement of the basis for your complaint, plainly stated and including relevant dates and information (you should write this in advance).   You will want to call the clerk about two weeks after you file to confirm the defendant was served and when. This is important because the service date is used to set the trial date.  Find out...

A small claims suit must be filed in the county where the defendant lives. The justice of the peace in each county is also the judge for Small Claims Court.  If a county has more than one justice of the peace, then the claim must be filed in the court whose precinct covers the area where the defendant resides.   If you have exhausted all reasonable steps to settle your dispute, you are within the statute of limitations and you have researched where to file, you are ready to bring your suit to the Small Claims Court. Contact the justice of the...