What are the Laws in Texas about a Police helping in a repo?
If the repossessor has a written assignment from the lienholder to repossess the vehicle for nonpayment, 9 out of 10 times, the police will allow the repossessor to take the vehicle.
No, Use of a Police Officer or Police involvement in self-help repossession introduces the state into a civil matter and provides the foundation for a wrongful repossession suit against the Secured Party, the repossession agent, the police officer and the police department.The authority to use Self-Help repossession is granted in the UCC 9-609 and Comment 3 of 9-609 specifically states "This section does not authorize a Secured Party who repossesses without judicial process to utilize the assistance of a law enforcement officer."Simply put if you want to use a police office to assist in a repossession you better go to court and obtain a Writ of Replevin/Sequestrian first.
Why does Texas have two supreme courts?
Texas has two top appellate courts because their caseload is so large. The Supreme Court of Texas only handles final appeals of juvenile and civil cases; the Texas Court of Criminal Appeals is responsible for final appeals of all adult criminal cases.
Can you get a concealed weapons permit in Texas with a class b misdemeanor?
If it has been more than 5 years since the conviction. If the conviction was for family violence then you can not get a CHL.
What is the Punishment for leaving state without permission when on probation?
Their probation status will be revoked, a warrant will be issued for their arrest and when taken in to custody it is likely the individual will be required to serve the entire amount of the original imposed sentence as well as additional fugitive and contempt charges.
What kind of charge is bringing tobacco into a facility under Texas law?
Bringing any type of contraband into a prison is a felony. So any one doing this will be looking at prison time for them selfs.
What is the robbery law in Tx?
Sec. 29.02. ROBBERY. (a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second degree.
Can a minor have a bullet proof vest in his possession?
There is no Texas law against it. The only people that can not possess body armor are felons.
Sec. 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire.
(b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.
(c) An offense under this section is a felony of the third degree.
What are the repossession law in Hawaii?
When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor
It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car
In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car
Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency
A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment.
Why is it illegal in Mesquite Texas for children to have unusual haircuts?
you realy wanna kno why...? well most Texans are weird in the first place ....first of all George Bush...good enough rreason...monkey boy g.w.bush came from there so he probably made some crazy rules sayin every has to look gayer than he does...
What is the Texas Law for yielding to a pedestrian?
As listed below, a pedestrian does not always have right of way. They must also yield right of way to vehicles.
CHAPTER 552. PEDESTRIANS
552.002. PEDESTRIAN RIGHT-OF-WAY IF CONTROL SIGNAL PRESENT.
(a) A pedestrian control signal displaying "Walk," "Don't Walk," or "Wait" applies to a pedestrian as provided by this
section.
(b) A pedestrian facing a "Walk" signal may proceed across a roadway in the direction of the signal, and the operator of a
vehicle shall yield the right-of-way to the pedestrian.
(c) A pedestrian may not start to cross a roadway in the direction of a "Don't Walk" signal or a "Wait" signal. A pedestrian
who has partially crossed while the "Walk" signal is displayed shall proceed to a sidewalk or safety island while the "Don't Walk" signal or "Wait" signal is displayed.
Acts 1995, 74th Leg., ch. 165, § 1, effective. Sept. 1, 1995.
552.003. PEDESTRIAN RIGHT-OF-WAY AT CROSSWALK.
(a) The operator of a vehicle shall yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if:
(1) no traffic control signal is in place or in operation; and
(2) the pedestrian is:
(A) on the half of the roadway in which the vehicle is traveling; or
(B) approaching so closely from the opposite half of the roadway as to be in danger.
(b) Notwithstanding Subsection (a), a pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to yield.
(c) The operator of a vehicle approaching from the rear of a vehicle that is stopped at a crosswalk to permit a pedestrian to cross a roadway may not pass the stopped vehicle.
Acts 1995, 74th Leg., ch. 165, § 1, effective. Sept. 1, 1995.
552.005. CROSSING AT POINT OTHER THAN CROSSWALK.
(a) A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a place:
(1) other than in a marked crosswalk or in an unmarked crosswalk at an intersection; or
(2) where a pedestrian tunnel or overhead pedestrian crossing has been provided.
(b) Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk.
(c) A pedestrian may cross a roadway intersection diagonally only if and in the manner authorized by a traffic control device.
What is an employee's recourse if the employer fails to pay you after you quit in Texas?
You can file a claim with the department of Labor (which is a good idea because you may not be the only person with this problem) and you could also take them to small claims courts. I am assuming you have already approached your former employer directly about the issue and sometimes the threat of legal action will be enough to inspire them to pay you what you are owed!
What is the Texas law for financial exploitation of the elderly?
Abuse is "(A) the negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment of an elderly or disabled person with resulting physical or emotional harm or pain, or (B) sexual abuse, including any involuntary or nonconsensual sexual conduct that would constitute an offense under Section 21.08, Penal Code (indecent exposure) or Chapter 22, Penal Code (assaultive offenses), committed by the person's caretaker, family member, or other individual who has an ongoing relationship with the person."
Exploitation is "the illegal or improper act or process of a caretaker, family member, or other individual who has an ongoing relationship with the elderly or disabled person using the resources of an elderly or disabled person for monetary or personal benefit, profit, or gain without the informed consent of the elderly or disabled person."
Neglect is "the failure to provide for one's self the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain or the failure of a caretaker to provide such goods or services.
Can you carry a handgun on my motorcycle in Texas?
As long as you have a handgun carry permit that is valid in Texas, yes.
You can also carry a handgun on or about your person in your motor vehicle without a license in Texas, if you meet the "requirements".
Is a motorcycle a motor vehicle? Yes:
"Motor vehicle" means:
(A) any motor driven or propelled vehicle required to be registered under the laws of this state;
So you can legally carry a handgun on or about your person on your motorcycle if you meet the "requirements".
How do you find out if BDSM business is legal in Texas?
This will be controlled by local as well as state law. You can have an attorney who specialized in first amendment rights in your locality do research, which may be costly, or contact local law enforcement or prosecutors. Either way, be frank about exactly what you intend to do, and be able to discuss your philosophies such as Safe Sane and Consensual or Risk Aware Consensual Kink. Various states differ on whether BDSM activity without conventional sexual contact constitutes pandering when carried out in exchange for money. However individual localities within may have laws which impose more restrictions than state law so it is important to do quality research at your local level. You can also contact National Coalition for Sexual Freedom at www.ncsfreedom.org, which is a legal advocacy group for certain alternative lifestyles and related associations. Be willing to modify your intended activities in specific ways, such as avoiding genital contact for example, to conform with your research.
I would like to know more about this, anybody research a bit on this? Can anybody please answer this? I want to know more information about this type of situation. but yeah...
How do you determine unemployment benefits in Texas?
If you go to the Related Link below, it will help you determine your benefits.
Benefits aren't a certain amount of money. It's based on your wages and how much money your employer paid into it. So, a waitress gets less money than an excutive. If you made a high salary you might get $500 a week. Very few people get more.
State law for diminished value in arizona?
Arizona Statute Of Limitations: 2 Years
Uninsured Motorist Coverage: NO
Diminished Value For At Fault Party: NO
Is it legal to devenomize a poisonous snake in the state of Texas?
Whether 'legal' or not - that's cruel ! Snake vemon aids in the digestion of its prey even before it's swallowed. It would be like emptying your stomach of its digestive juices and still expect your body to process it !
Besides which - snakes teeth grow back and venom sacs can be re-developed so the operation would be pointless !
Is Texas a Tenancy by the Entirety state?
Texas recognizes "TENANCY BY THE ENTIRETY" only by mention in the BUSINESS ORGANIZATIONS CODE Sec. 152.052. and Sec. 252.001.
However the concept is overridden by the inheritance laws / probate code and community property laws. In Texas inheritance of community property gives the spouse one half and the rest to other heirs unless it is "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP".
In most states when the grantees of a deed are stated to be "Husband and Wife" a "TENANCY BY THE ENTIRETY" is created.
In Texas "Husband and Wife" merely created community property.
And does not necessarily do that if the grantor is one of the spouses and the deed does not declare and acknowledge the property to be community property with a notice of the effect of the document required by Texas Family Code.
Utilizing both the identification of the grantees as "Husband and Wife" and declaration and acknowledgment of the property as "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP" provides the clarity needed.
In Texas does a divorce petition have to be notarized?
Forgive the rant, but people in general think that adding a notary to a document suddenly makes it official. There are only two types of documents that need to be notarized:
1. A sworn statement made before a notary becomes an affidavit, and is generally admissible as evidence in a court of law.
2. Most real estate documents, such as deeds, need to acknowledged before a notary.
Aside from these, adding a notary to a document just doesn't do anything. The form for a Petition for Divorce doesn't have a place for a notary to sign, so it doesn't need to be notarized.
What are the penalties for tattooing a minor in Texas?
Tattooing a minor without parental consent is a class B misdemeanor in Texas, so the criminal punishment would not exceed a 180-day jail term and/or a $2000 fine. However, the license of a tattoo shop involved with such activities could certainly be administratively rescinded.
How do you repossess a vehicle in Texas if you are an individual lienholder?
The same way a loan company does, HIRE a REAL repo agency to do the job.