Texas law prohibits only wage garnishment

Q: You have said that there generally is no garnishment in Texas. If there is no garnishment in Texas, how did a creditor garnish my bank account? more >>

advertising

June 21, 2008

Will doesn’t need to be notarized to be valid

Q: I have a will that was prepared some time ago. It is not notarized. Is it still valid? A: In Texas, a printed or form will is valid if it is signed and witnessed by two witnesses. There is no requirement that a will be notarized. Having said that, however, there are two things in your question that suggest you should have a new will prepared. more >>

June 14, 2008

An errant golf ball involves a legal standoff regarding property

Q: I recently played a round of golf. I hit a ball that rolled into a backyard along the fairway. The owner took my ball and refused to give it back to me. He also told me I would be trespassing if I ever came on his property to retrieve a ball and he would call the police. Is this right? Can he keep my golf ball just because it was hit into his yard? A: As far as the law is concerned, you are the owner of the golf ball and you did not lose your rights simply because it rolled into another’s yard. On the other hand, the neighbor is correct that you would be trespassing if you came onto his property without his permission. So where does this leave you? As a practical matter, it is a stand-off. You can’t force him to return it or go on his property, but he has no legal right to keep it. Hopefully, you could work things out by talking, but if you can’t, you could sue him in small claims court for the value of the ball. My guess is that he has acquired a nice collection of balls from people who did not sue. Sometimes asserting legal rights is just not worth it. more >>

May 17, 2008

Neighbor may not be liable for puppy support

Q: My neighbor’s dog dug a hole under my fence, came into my yard and was caught mating with my dog. We now have three puppies that we do not want to keep. Can I ask the neighbor to assume responsibility of the puppies because their dog is responsible? It seems he should be the one who should care for the dogs and find them homes. more >>

Page 1