Ask a Lawyer, David L. Leon, Attorney, Dallas, Texas (214) 696-0021 » litigation

Who can bring a lawsuit for wrongful death?

David Leon — Sun, 05 Jul 2009 21:53:54 +0000

Wrongful death causes of action are controlled by Chapter 71 of the Texas Civil Practice and Remedies Code (CPRC).

Per Sec. 71.004, the surviving spouse, children, and parents of the deceased are the only ones who can bring an action for wrongful death.

If none of the individuals entitled to bring an action have begun the action within three calendar months after the death, then the personal representative of the estate shall bring and prosecute the action unless requested not to by all those individuals.

In most cases, it is advisable to have the wrongful death beneficiaries and the beneficiaries of the estate sign a family settlement agreement prior to taking any action.

09/08/2009 -- Someone I know died having written a will. I know who has the will, but s/he refuses to file it for probate. (0)
28/06/2009 -- What is a fiduciary duty? (0)
28/02/2009 -- I think someone is abusing a power of attorney. How would I override the power of attorney? (0)
15/02/2009 -- Can an estate sue someone in Texas? (0)
15/02/2009 -- What are wrongful death and survivor suits? (0)
15/02/2009 -- What is fiduciary litigation? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
20/09/2009 -- How will I know if an insurance company has accepted or rejected my claim? (0)
09/08/2009 -- How does one qualify to be an administrator or executor of an estate? (0)
09/08/2009 -- How is it decided who will administer an estate? (0)

Is it possible for a debt collector to garnish my wages?

David Leon — Sun, 05 Jul 2009 20:49:28 +0000

In may circumstances, a creditor cannot garnish your wages, due to language in the Texas Constitution (Art. 16, Sec. 28). There are exceptions for child support and spousal maintenance. There are also exceptions under federal laws.

30/06/2009 -- I received notice of a lawsuit. What happens next? (0)
01/01/2010 -- When can a judgment creditor take my home? (0)
01/01/2010 -- I have a judgment against me for a credit card debt. Can they take my house? (0)
25/12/2009 -- I’ve been charged with providing a false statement to obtain credit. What exactly is this and what can they do? (0)
25/12/2009 -- Can a credit card company sue you in the state of Texas? (0)
05/07/2009 -- Who can bring a lawsuit for wrongful death? (0)
05/07/2009 -- I want to force someone to pay me a debt. Can I make a letter that looks like a summons, but says it’s not in order to scare them into paying me? (0)
30/06/2009 -- I’ve done all that and the collection agency is still harrassing me. What can I do? (0)
30/06/2009 -- Can I stop a debt collector from contacting me? (0)
30/06/2009 -- Can a debt collection agency contact my work? (0)

I received notice of a lawsuit. What happens next?

David Leon — Wed, 01 Jul 2009 05:19:32 +0000

If you fail to answer the suit within the appropriate time period, you lose the case (this is called a default.) You cannot go back in time, and you may lose valid defenses against the debt. This is a VERY bad idea. You should answer the lawsuit and provide a defense.

01/01/2010 -- When can a judgment creditor take my home? (0)
01/01/2010 -- I have a judgment against me for a credit card debt. Can they take my house? (0)
25/12/2009 -- I’ve been charged with providing a false statement to obtain credit. What exactly is this and what can they do? (0)
25/12/2009 -- Can a credit card company sue you in the state of Texas? (0)
05/07/2009 -- Is it possible for a debt collector to garnish my wages? (0)
30/06/2009 -- I’ve done all that and the collection agency is still harrassing me. What can I do? (0)
30/06/2009 -- Can I stop a debt collector from contacting me? (0)
30/06/2009 -- Can a debt collection agency contact my work? (0)
05/07/2009 -- Who can bring a lawsuit for wrongful death? (0)
05/07/2009 -- I want to force someone to pay me a debt. Can I make a letter that looks like a summons, but says it’s not in order to scare them into paying me? (0)

What are the different types of civil litigation?

David Leon — Mon, 16 Feb 2009 01:44:23 +0000

Litigation is a complex process, but there are some basic items that a party may seek. There are very few types of relief available through the judicial process. Most often, a party will seek money from another party (called “damages”) or a party will request a specific action from another party (called an “injuction”). In some cases, there is an immediate need to have a court order a party to do or not do something. These time-sensative requests are known as temporary restraining orders, (called a “T.R.O.”). Other remedies include asking a court to determine the meaning of a contractual clause (called a “declaratory” or “dec” action.)

05/07/2009 -- Who can bring a lawsuit for wrongful death? (0)
05/07/2009 -- Is it possible for a debt collector to garnish my wages? (0)
30/06/2009 -- I received notice of a lawsuit. What happens next? (0)
15/02/2009 -- What is litigation? (0)
15/02/2009 -- I received notice of a lawsuit. What happens if I ignore it? (0)
15/02/2009 -- I received notice of a lawsuit. What happens next? (0)

What is litigation?

David Leon — Mon, 16 Feb 2009 01:44:01 +0000

Litigation involves handling civil disputes between parties. This often includes the negotiation of matters before filing suit and the prosecution of lawsuits. We have litigated matters for clients worldwide, who have problems that need resolution in Texas courts. Our litigation practice includes varied matters in the Texas probate courts, Texas county courts, state district courts in Texas and federal district courts in Texas. For other clients needing assistance outside Texas, we can coordinate with local counsel to manage litigitation on a case by case basis. Below are answers to some common questions that we receive in our office.

05/07/2009 -- Who can bring a lawsuit for wrongful death? (0)
05/07/2009 -- Is it possible for a debt collector to garnish my wages? (0)
30/06/2009 -- I received notice of a lawsuit. What happens next? (0)
15/02/2009 -- What are the different types of civil litigation? (0)
15/02/2009 -- I received notice of a lawsuit. What happens if I ignore it? (0)
15/02/2009 -- I received notice of a lawsuit. What happens next? (0)

I received notice of a lawsuit. What happens if I ignore it?

David Leon — Mon, 16 Feb 2009 01:39:58 +0000

05/07/2009 -- Who can bring a lawsuit for wrongful death? (0)
05/07/2009 -- Is it possible for a debt collector to garnish my wages? (0)
30/06/2009 -- I received notice of a lawsuit. What happens next? (0)
15/02/2009 -- What are the different types of civil litigation? (0)
15/02/2009 -- What is litigation? (0)
15/02/2009 -- I received notice of a lawsuit. What happens next? (0)

I received notice of a lawsuit. What happens next?

David Leon — Mon, 16 Feb 2009 01:38:33 +0000

If you receive notice of a lawsuit, then you have to answer the suit within the specific time period (the time depends on the court.) These time periods are typically very short. If you fail to answer the suit within the appropriate time period, you may lose the case (this is cause a default.) It becomes much more expensive to reverse a default judgment, so timeing is the key. Once you answered the suit, the “discovery” portion of the case begins. During this phase, either side can ask questions of the other side regarding the case.

05/07/2009 -- Who can bring a lawsuit for wrongful death? (0)
05/07/2009 -- Is it possible for a debt collector to garnish my wages? (0)
30/06/2009 -- I received notice of a lawsuit. What happens next? (0)
15/02/2009 -- What are the different types of civil litigation? (0)
15/02/2009 -- What is litigation? (0)
15/02/2009 -- I received notice of a lawsuit. What happens if I ignore it? (0)