Lawyer

Common law marriage same as church wedding

Q. What are my rights if I have a common law marriage? If we get divorced, will I have the right to any property?

A. As I have said many times before, a common law marriage is no different than any other marriage. You are married. Whether you are married by a justice of the peace, a rabbi or priest, or have a common law marriage, the legal ramifications are the same.

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Price gouging is illegal

Q. I have heard that price gouging is illegal. Exactly how is price gouging defined and what are my remedies if I have been overcharged?

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Your payment is to arrive by due date, not to be mailed

Q. I pay my bills by mail. My due date is the first of the month and I have a 10-day period before they charge a late fee. I always mail my check by the tenth day. The company has begun charging me interest and a late fee. How can I be charged a late fee if I can prove my payment was mailed before the due date?

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Someone can assist you in justice court

Q. I am 60 years old and my English is not very good. I usually get very nervous speaking to a group or to people I don’t know. I want to file a claim in justice court, but I am afraid I will not be able to communicate well with the judge. I know I can have a lawyer, but that will be expensive. I have a grown son who has said he will assist me, but I don’t know if that will be allowed. Can my son help me in court?

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There is no 'three day rule' when buying an automobile

Q. How many days do I have to change my mind after I buy a car? I signed a contract late at night and went in the next morning to cancel. The dealer told me I was out of luck and couldn’t change my mind. My friend told me I have three days to change my mind.

A. The dealer is correct. As far as the law is concerned, you generally cannot simply change your mind after you sign a contract.  There are exceptions, however, for health spa contracts, door-to-door sales, timeshare contracts and certain contracts that put a lien on your homestead.

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Medical debts are the same as any other

Q. Is it true that medical bills or accounts are not allowed to remain on your credit report for more than four years in the state of Texas?

A. It is not true. Medical bills are basically the same as any other debt. They stay on your credit report for seven years. There is a four-year statute of limitations for filing a lawsuit for a debt; however, the fact that you cannot be sued does not mean you no longer owe the debt, and it will not become “obsolete” and removed from your credit report for seven years.

 

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Your ‘lifetime’ warranty dies with the company

Q. We had our foundation repaired by a company that gave us a “lifetime warranty.” Now that it has cracked again they won’t even return our calls. We are not even sure if they are still in business. What are our legal rights? What kind of an attorney do we need?

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Wages cannot be garnished for credit card debt

Q. About two years ago, my wife and I ran into financial difficulty and made the choice to attempt to settle our credit card debt. Most creditors settled with us, but one credit card company wouldn’t settle, so we quit paying altogether. If we are sued and have a judgment against us for this debt, can our wages be garnished? I guess essentially we want to know what can happen for non-payment of credit card debt. Thank you.

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After divorce, wedding ring belongs to your ex-wife

Richard Alderman

Q. I have been married for three years. I’m now getting a divorce. There is no property or custody to fight over, but I would like the wedding ring I gave my wife. It belonged to my grandmother and is very special to me. Do I need to get a lawyer to have her turn over the ring?

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Texas allows a person to ‘freeze’ his or her credit

Q. At one time, Texas law allowed a person who had his identity stolen to have his credit reports locked. Is this still true?

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