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New Braunfels Herald-Zeitung (Newspaper) - June 4, 1991, New Braunfels, Texas New Texas June 1991 BARRY MOORE GENERAL PRACTICE BOARD CERTIFIED RESIDENTIAL REAL ESTATE LAW Texas Board Of Legal Specialization 245 Seguin 6257751 CORNELIUS POWELL ATTORNEYS 6256933 391 LANDA STREET NEW TEXAS KENNETH BRAZLE ATTORNEY AT LAW 395 LANDA NEW TEXAS 78130 FAX TROY BEVIL CHUNN ATTORNEY AT LAW 389 SEGUIN Across from the Civic Center TEL WADE ARLEDGE LAWYER 245 SEGUIN NEW 78130 Ronald Zipp ATTORNEY AND COUNSELOR AT LAW 384 LANDA NEW TEXAS 78130 24 HOUR NUMBER 512 6295600 OFFICE HOURS WEEKENDS HOLIDAYS BY APPOINTMENT STATE LAWS LANDLORD AND FAMILY LAW TENANT I received a letter in the mail that directed me to send ONE AND each to five people whose names and addres ses were I was instructed to add my name to the bottom of the list and make 200 copies of the new I was given the name and address of two companies that sell mailing lists and was told that for they would send me address labels for 200 The letter also said that I should receive within 60 days and that the scheme was legal under Title Section 1302 and 1304 of the United States Postal and Lottery Is it legal Not in Section of the Texas Penal Code defines the proposed plan as an endless chain a Class B Pun ishment under the Penal Code for a Class B Misdemeanor is a fine of no more than confinement in jail for no more than 180 days or PERSONAL INJURY DAMAGES What is involved in evicting a nonpaying tenant At Before filing a formal eviction complaint in the Justice of the Peace the landlord must give the non paying tenant a written demand for possession which gives the tenant at least three 3 days to move from the If the tenant docs not vacate the the landlord may then file an eviction action sometimes called forcible entry and detainer in the Jus tice of the Peace The complaint will then be served on the tenant by a deputy sheriff or process server and a hearing will be scheduled in approxi mately ten 10 If the Judge rules in favor of the the Judge will sign a judgment ordering the tenant from the If the tenant has not moved within 5 days from the date of the then the landlord may obtain a writ of restitution which will authorize the County Sheriffs office to physically remove the Attorneys can provide additional information and assist in the legal REAL ESTATE Can one attorney represent both sides to a divorce A divorce is a lawsuit in which both sides have interests which must be One attorney can do all of the paperwork necessary to com plete the divorce but can only repre sent and give advice to one party to the PERSONAL INJURY ATTORNEYS FEES My wife fell at the mall while shopping due to a defect in the sidew alk and broke her She was bedrid den for a time and has been out of com mission for some Do I have a claim for damages against the mall for the injury to my wife Texas law provides for damages to the noninjured spouse for loss of an injured spouse in at least two areas Loss of performance of house hold services and domestic duties by the injured spouse and Loss of which includes loss of sexual emotional support and love necessary to a successful WILLS Why do I need a Will Three basics reasons for a Will are Probate is much less expensive when there is a Will as compared to when there is Without a your property is dis tributed in accordance with Texas law and goes basically to your children not your You can provide for specific gifts you might want to make to a particular We have had financial difficul ties We are behind on our mort gage Can our mortgage company foreclose on us If do we still owe them money if they sell the house If you default in paying your mortgage and the mortgage is properly your property can be taken by If the property is your primary residence the lienholdcr is required by Section of the Texas Property Code to give you a minimum 20 days written notice to pay the sums past due before they can call the whole debt The loan documents may provide for a longer period of once they call the entire debt they must give you at least 21 days written notice before they can sell the property at Foreclosure sales can only take place on the first Tuesday of a calendar month and must take place at the County If your property is foreclosed and the sales price at the foreclosure sale is not enough to pay the debt and legitimate expenses of the you may be sued for the difference between the foreclo sure price and total sums If the lienholdcr buys the property at fore the price they may receive on subsequent sale of the property has no bearing on the amount for which you can be The only safe way to avoid suit after foreclosure is to nego tiate a limit to your liability when you first take out the Im the parent of two ages six and I was divorced three years ago and I now receive Two Hundred Dollars a month in child Am I entitled to more If what must I do to get more The child support guidelines are spelled out very clearly in the Texas Family The Court may order a parent to make or a lump sum payment for the support of the child until he or she is eighteen 18 years of or has graduated from a secondary which ever is The amount is calculated by tak ing the monthly gross minus federal income tax calculated for a single tax payer claiming one personal exemp tion and taking the standard deduc tion and minus the social security insurance Child support is then determined by taking that monthly net resource times twenty percent for one twentyfive for two thirty percent for three thirtyfive percent for four and for five children or not less than thirty five percent If the amount you arc currently receiv ing is less than what the child support guidelines say you should be receiv you may request a modification of the prior child support This requires application to the a hearing in which both parties may pro vide testimony to the or an agreement as to the amount that should be If a hearing is the court will make an order determining the amount of child support to be TAX LAW As the owner of an S corpora can I avoid social security tax and other payroll taxes by not paying myself a salary An owner of an S corporation that works for his company must pay himself a reasonable salary for the ser vices he performs for the corporation and the usual payroll taxes on that sal ary must be If he receives distri butions from the S corporation and has not paid himself a reasonable the IRS will treat the distributions as salary and slap on PICA and other pay roll The IRS now has a nation wide program for identifying S corpo ration owners who fail to pay them selves a reasonable What kind of fee arrangement is available with an attorney to represent me on a personal injury claim In most a contingency fee This means that a personal injury attorney will meet with you and review your claim at no If the attorney determines there is a proba bility of he will represent you for a percentage of the recovery as his If there is no there will be no fee The fee is contingent on a The usual fee percentage will range from 33 to 40 depending on the type of REAL ESTATE We have found a house that we really We definitely want to buy The Seller has offered to sell it to us by Contract for Should we accept this method We dont want to lose this A Contract for Deed generally provides that a Seller conveys title to the property only after the full purch ase with is paid over a period of years like a The property is not actually The property belongs to the Seller until a deed is executed and delivered to under a Contract for Deed all the advantages belong to the Seller and the disadvantages are the In the event of a default by the Buyer it is much easier for the Seller to take the property back than through a foreclo The Seller does not have to get the property released from any prior liens or Seller The Seller can even mortgage the property while you are paying lor The Seller may fail to pay the property taxes even though you have given him the money for All these factors are a risk to the There are other problems that can jeopardize the Buyers inter est or seriously delay the conveyance of clear If you must buy under a contract for deed be absolutely sure to have the contract or a summary of its terms recorded in the real properly records at the County Clerks That is the only way to provide some protection for your DEADLINE FOR SUBMITTING LETTERS JUNE 1991 Carter Casteel Attorney and Counselor at Law OFFICE 245 SEGUIN RESIDENCE 285 RIO DRIVE NEW TEXAS 78130 Gary CPA Board Certified Tax Law Texas Board of Legal Specialization 348 San Antonio 6257531 BRUCE BOYER Attorney at Law 376A Landa Street New Texas 78130 5126256511 5126257117 5126206000 FAX Board Certified Residential Real Estate Law Texas Board of Legal Specialization GARY STEEL ATTORNEY AT LAW 297 SAN ANTONIO NEW TEXAS 78130 JOHN CURTIS Attorney at Law Executive Suite 180 NEW TX 781311998 Law Office Of Kimbel Brown Attorney At Law Former Assistant County Attorney Civil and Criminal Practice Since 1981 6253455 260 CASTELL NEW TX FULLY LICENSED BY TEXAS SUPREME UNITED STATES DISTRICT COURT FOR SOUTHERN WESTERN DISTRICTS NOT BOARD CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATIONS JOHN BEVIL BEVIL CHUNN ATTORNEY AT LAW 389 SEGUIN THE ATTORNEYS SPEAK IS FEATURED EVERY FIRST TUESDAY IN THE NEW BRAUNFELS HERALDZEITUNG Q Do you have a legal question you would like featured in The Attorneys Speak Ask the The Attorneys Speak will be published every first Please include return Mail your questions to The New Braunfels HeraldZeitung The Attorneys Speak Box 311328 New 78130 The purpose of this page it to inform the public of the law generally address its Specific questions regarding the law should be directed to your personal No legal decisions should be based on information in this column without consulting your own For assistance or further information regarding The Attorneys Speak Corbie 6259144 JOHN CHUNN BEVIL CHUNN ATTORNEY AT LAW 389 SEGUIN JACK ROBISON ATTORNEY AT LAW 391 LANDA NEW 78130 FAX BEVIL CHUNN Attorneys At Law PERSONAL INJURY ACCIDENT LAW 6259117 389 Seguin New Braunfels Across from the Civic Center Not Certified By Texas Board of Legal Specialization William Schroeder Attorney at Law 267 West Mill 6257381 SANDRA SARRAN Attorney at Law MEMBER STATE BAR OF TEXAS NOT BOARD CERTIFIED IN ANY AREA OF SPECIALIZED PRACTICE NO CHARGE FOR INITIAL CONSULTATION 15128994585 Hwy 2673
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