The Law Office of Stephanie Walker, PLLC

After you get an expunction, it is important to keep a copy of the order in case private companies still have records of the case and you need proof that the expunction was granted.

Foundation For Continuing Justice

If you are in Ellis County and need a warning center during the cold weather this weekend, here is the link.

WARMING STATIONS/RESOURCES WARMING STATIONS/RESOURCES WARMING STATIONS IN ELLIS COUNTY: WAXAHACHIE FAMILY YMCA – Select YMCAs, including the Waxahachie Family YMCA, are opening their doors to those in the community without power and or water as a safe place to warm up from 10:00am - 5:30pm on Wednesday, February 17 through ...

Please click this link if you need to find a warning center in Dallas this weekend. I hope everyone is able to stay warm and safe from this winter weather.

dallascityhall.com

Before allowing someone to evict you through the courts, check the property records and see if they even own it. You will be surprised what you find.

Helped a client finalize a long awaited divorce today. Here is to a new beginning. 🥂

If you are going through a divorce and don’t have a will, know that you risk leaving your spouse at least part of your estate.

Did you know you can stop your spouse from inheriting from you during a divorce by drafting a will? If you don’t have a will and your divorce isn’t finalized, your spouse could still inherit from you if you die. Be sure that when you are going through the divorce that you also consider getting your estate planning done.

If you are in Texas and sell your car, be sure to also visit this website to be sure you do the paperwork needed to limit liability and show you sold the car: https://www.txdmv.gov/motorists/buying-or-selling-a-vehicle

When you skip on paperwork, be saving for the bill you could get for the buyer’s tolls (among other issues). 😬

Buying or Selling a Vehicle | TxDMV.gov TxDMV will release a new Texas temporary tag design on December 9, 2022; more information available here Selling a Vehicle Buying a Vehicle Special Situations Submit a Vehicle Transfer Notification Vehicles are required to be titled in the buyer's name within 30 days from the date of sale. Failing t...

Friendly reminder: get a DNA test if there is any doubt to paternity.

AND

If you didn’t get a DNA test and later learn the child isn’t yours, do not wait to address it. If you wait, you may have to pay child support until the child is 18 (or longer if the child becomes disabled).

TexasRentRelief.com will reopen application portal for requesting assistance from March 14-28

Texas Rent Relief Home Page The Texas Rent Relief Program provides emergency funds available to help Texas renters pay rent and utility bills (including past due rent and utilities).

This is a reminder that your criminal cases and arrests may still show up after a dismissal or when charges are dropped on a background check. To get the records destroyed, you need an expunction.

Happy Valentine’s Day!

If you and your non-spouse Valentine get a little cozy today and have a baby, be sure to get a custody order in place when the baby is born!

To the dads not married to their child’s mother: you can register with the Texas paternity registry to protect your rights even before the baby is born by filing a Notice of Intent to Claim Paternity. Failing to register may have consequences including that your rights get terminated.

To those with multiple Valentines or whose partner has multiple: a DNA test can prevent an issue over mistaken paternity. You can get a DNA test during the court process to establish paternity and before you sign the Acknowledgment of Paternity. Once a father is a legal father, he may have rights as a bio father would.

Helpful technology tip (for fellow lawyers and anyone else):

If you and someone else are working together to prepare a single document and you forget to track changes, you can

Open a document in Word.
Click Review.
Click Compare.
Click Compare. (Yes, again.)
Select the Original Document.
Select the Revised Document.
Label the changes with your name.
Under “More” you can remove or select options you want compared.
Click OK.

You’ll have a document that you can save with tracked changes. For lawyers, this can save your clients money and save your staff time. You’re welcome.

Happy 1st of the month.

A common mistake I see related to this time of month is where people misunderstand when rent is considered late. If your lease says something like rent is due on the first but late fees don’t start until the third, then rent is late if it is not paid by the first. Landlords do not have to accept late rent. Sometimes people think rent isn’t late until the late fees start when it is actually late if not paid by the due date.

Did your pipes break or heat is not working in your rental unit?

In order to take action against a landlord for their failure to make the repair, the request must be sent through certified mail return receipt requested. Hopefully landlords are making the repairs, but if not, you don’t want to have to go back and send a second notice.

If you want to stream this year’s expunction expo ceremony:

Church Online Church Online is a place for you to experience God and connect with others.

Easy to avoid mistake I have seen: people add others to legal documents (deeds, birth certificates, car titles, leases, etc) without truly understanding the consequences.

Adding someone to your deed or car titles, might be gifting them more than they are legally entitled to and also means you’ll need the permission to do things with property in the future.

Adding a name to a birth certificate could make someone legally responsible (and gives them rights) for the child until they are 18…. Even if the child is not biologically theirs.

Adding someone to your deed may mean you need their consent to terminate a lease and could leave you on the hook for damages that they do to the unit even if you leave. *there are some exceptions for things like domestic violence*

Just because you are dating someone, married to them, or friends with them, doesn’t mean you should give up your rights. Talking to a lawyer before you do it can save a lot of money later.

Don’t forget to see if Santa left you any unexpected gifts this holiday by checking the Texas unclaimed property records at ClaimItTexas.gov. You never know what you may find. This is where property gets listed when companies can’t find you and owe you money. Sometimes it is utility deposits, royalties, or other money.

Texas' Official Unclaimed Property Site - Texas Comptroller - Texas.gov

One of the biggest (and easiest to avoid) mistakes I see is that people trust an opposing party’s word as to the status of a case or the date and time of a hearing. When you don’t show up to court, the court issues a default judgment where the opposing party gets what they are asking for with minimal to no evidence. When only one person shows up to court, the judge has to take everything they say as true because no one is there to contest it. To avoid this, people can call the court themselves or attend hearings unless and until the court tells them it is cancelled. People should never trust someone who benefits from them not showing up to tell them when a hearing is.

If you are in need of food over the holidays, foodpantries.org has information about your local food pantries.

For Dallas folks, this has resources to help: https://www.dallasnews.com/news/2022/11/17/north-texas-nonprofits-are-giving-away-turkeys-for-thanksgiving-where-can-you-get-one/?outputType=amp

Food Pantries | Soup Kitchens | Food Banks Search from our most extensive Food Pantry list of Soup Kitchens, and Food Banks on the Internet.

When you sell a car privately, you need to be careful to take precautions. If you leave your toll tag and/or license plates on your car you could have to pay for the buyer’s fines. There are also forms to complete with the DMV to document the sale of the car. And don’t forget: if you don’t have someone’s full legal name, address, date of birth, ID number, and other information, it can be hard to find them if you ever need to prove it was sold.

If you are in a financial struggle, Lyft has a program that helps qualifying individuals in certain cities (which includes Dallas and Fort Worth, TX) with rides for criminal record expunction services, to pick up internet hot spots provided by Indeed, job interviews, job trainings, and the first few weeks of work. If you know someone in need here is the link:

Jobs Access – Get Help | Lyft Up | Lyft Learn more about how you can get help accessing the transportation you might need to get to work.

Got a Motion for Continuance granted this morning when my client texted me that she couldn’t be at a 9 AM hearing due to an emergency. Good way to start the week.

Today was a successful day. Judge signed a Motion to Clarify so that my client can move forward with getting her ex’s name off of property records.

Excited for the newest ECL group. Glad I could share some things I learned on the panel.

A big thank you to attorneys Laura Torres, Justin Bynum, Noelle Vinson Saint Jean, Sussana Ampem, and Stephanie Walker for sharing your wisdom with the new DBA Entrepreneurs in Community Lawyering class.

Sometimes working on cases, I start to question our system. Things aren’t always “just” in our justice system. However today, I was able to get a case dismissed that could have had a significant negative impact on my client’s bright future. When you believe in your kids, fight for them until someone hears you. I am thankful that I was chosen to fight for this case.

Happy Friday. Now expunction time!

*Results vary. This case had unique details. Not all cases can result in a dismissal.

What do you do when you find this mess left by a quiet toddler? Use it as a teaching moment.

Edited to add: this post applies to Texas. If you live outside Texas, you will need to check what the laws of your state say.

When you move out of your apartment, taking pictures and videos of the conditions you leave your unit in can help you dispute any charges against your security deposit. Your landlord cannot charge for things that are normal wear and tear. (This picture would be something your landlord could charge for if it was left behind, but thankfully it is washable paint.) If your landlord wrongfully withholds your deposit, you can recover more than just what was wrongfully withheld.

Now excuse me while I go run our carpet cleaner.

Helped a client terminate their lease early without having to pay early termination fees after an unexpected life event and loss of income. The management staff in this case was understanding of this client’s unique circumstances, and the company cared about their tenant even as the tenant is leaving. If all landlords cared, gave grace, and were understanding, we might not need as many attorneys.

That being said, not all landlords are willing to negotiate the terms of an early termination which is why it is important to understand your lease terms BEFORE you sign the lease. Your lease may outline how much you have to pay when you terminate the lease before the end of the lease, how much notice you must provide in order to terminate the lease, and the consequences of moving out without paying the early termination fees or giving proper notice.

Disclaimer: These results are fact specific. This client was in good standing and had unique facts that contributed to this result. (I had a different result when I had to terminate my own lease early.) Not all cases will have the same result. This result was due to this client’s unique circumstances surrounding the sudden move and income loss.