This week, Tessmer Law Firm will give helpful tips and information on Small Claims Court, beginning with number #1: What is Small Claims Court? Small Claims Court has limited jurisdiction to hear civil cases between private litigants. Filings in Small Claims Court normally concern disputes over money, in amounts under $10,000.00....
With all the various laws and ordinances, it just is not easy to know. If you have been injured by an animal, suffered damages due to an animal, or just need legal assistance on any matter, give us a call at 210-368-9708. We are here to help you....
A license is required to own many animals Texas considers to be dangerous. This includes coyotes, cougars, chimps, lions, tigers and bears. There are no laws regarding monkeys, wolves and other animals. Equine professionals are protected from liability for property and personal injury damages resulting from the regular dangers of being around horses. The statute requires the display of “clearly readable” warning signs to alert participants about the liability limitation. These limits do not include all accidents involving horses, so be sure to consult an attorney to explore any options for recovery. Have you ever been driving and come upon a cow...
Do you allow your dog to run loose? If your dog runs out into the street, causing a car to swerve and crash … you might be liable for the damages to that vehicle and any personal injuries to the passengers in that vehicle. Have you noticed that more and more people bring their dogs everywhere? Most cities prohibit animals (other than service animals) from entering restaurants and grocery stores, but local ordinances should be consulted. Pet stores are known for allowing shoppers to bring their pets. But, who is responsible if you slip and injure yourself on a pile of...
This week, Tessmer Tips will bring you information about Animal Law. Did you know that dogs bite over 4.7 million Americans every year? But only 15,000 to 16,000 victims are compensated. Dog owners are responsible for their dogs and for the damage they cause. Often, home owners insurance will cover the damage, but compensation is rarely offered without the assistance of an attorney. Do you have a “dangerous” dog? A dangerous dog is one that has attacked someone or acted like it was going to attack someone while not in the dog’s own enclosure. If your dog is labeled “dangerous,” the...
Texas law requires that division of property must be equitable under the circumstances. There are many things the court considers in determining what is “equitable”, including fault in the breakup of the marriage, the difference in earning potential between the spouses, which spouse has custody of the children, and more. An equitable split does not mean that the division of property will be 50/50, and a court is never allowed to award one spouse’s separate property to the other spouse. A couple can name specific property as “community” or “separate” themselves in two ways. First, before marrying, they can execute a...
In the case of splitting debts in a divorce, the key principle to remember is that any agreement reached involving the assignment of a debt is binding between the spouses, but generally does not extend to creditors. A proper divorce settlement will take several factors into account, such as when the debt was acquired, the names on the debt account and how ownership of the asset associated with the debt – for example, a vehicle – is structured. In general, if the credit of both spouses was used to acquire the debt, or both spouses are named on the credit...
Heather Tessmer has been listed the October 2015 issue of Texas Monthly's Super Lawyers section as a Family Law attorney. Super Lawyers are first nominated by their peers, then must go through a validation and evaluation process. Only 5% are selected for the list! Congratulations, Heather!! ...
A business or professional practice can also be community property and must also be considered in the division of property. Probably the most difficult aspect of determining the value of a business or professional practice is the valuing of “goodwill”. Goodwill is the intangible value that most businesses have based on their name or reputation. Even a business that cannot be sold has a goodwill value, which must be ascertained when the couple divorces. Again, having a qualified Family Law attorney on your side in a case like this is crucial, because he will bring in a CPA or business...
Community property does not just include things like real estate, household belongings, and vehicles. It also includes intangible property such as income, dividends, benefits and debts. All community property must be divided when the marriage ends, and all of the debts as well. In some cases, when a court awards a portion of one spouse’s retirement benefits to the other spouse, a Qualified Domestic Relations Order (QDRO) must be prepared to be sent to the employer, who will be ordered to distribute benefits to each spouse in accordance with the court’s order. A QDRO is not a “google and do-it-yourself” document. ...