My name is XXXXX XXXXX I'm a licensed attorney (State Bar of Texas). Glad to try and help out.
I am truly sorry to hear about your troubles. My heart goes out to you.
Yes, you certainly can accomplish your objective. In fact, I've done just that before on behalf of clients. As to the "how", however, you absolutely must confer with local legal counsel just as soon as possible. Here's why I say so. Your lawyer will need to immediately draft, file and serve an emergency ex parte (without notice to your opponents) motion and proposed order, argue your case at an impromptu hearing before the Judge (I've literally walked in to the Courthouse unannounced and received an audience before the Court), secure the signature of the Judge on the order, and then set the matter for a full evidentiary hearing on the merits. It's not at all a simple or easy task. It's called "extraordinary relief" for a reason. There are no public forms promulgated for this purpose in Texas. So, in all candor, and while I wish there was a simple approach, that is truly about the size of things.If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I hope all works out for you.
Can you clarify on how to file, is it as a corporation or individual and if as a corporation is the bank obligated to release access to the account for payment of legal fees since I am the President and the depositor/signatory to the new account.
Thank you very much. I understand that you are a Lawyer in Texas and have experience in this area, if so, could you possible take this case on my behalf in Austin.
Hi Francis,Thanks for writing back. Good to hear from you.I truly appreciate your taking the time to write back and let me know my answers have been helpful to you. Knowing that makes my day!Under different circumstances I would be glad to consider taking the case. Here, however, site rules prohibit us from taking on representation or making direct referrals to named attorneys.However, I can tell you where I would turn, were I in your shoes. Each attorney is previously screened, the fee of $20 is the best bargain around (includes both the referral and the actual attorney consultation time), and the source is the most reliable and trustworthy, namely the State Bar of Texas:Lawyer Referral Information ServiceHope that helps some more. Take care,Ben
The contiuned to conduct meeting under the name of the corporation. The obtained a new Fed Tax EIN and attempted to use it file tax in my existing corporation name that its EIN secured with my identity at the formation. This same person his group has now filed "Declaratory Judgement and Injunction" for the bank to release the corporation account to them for use, resembling themselves as the plaintiff corporation vs. The "Bank and myself" as defendants. Obviously they would not be able to produce any strict proof by preponderanc of credible evidence. I would appreciate your advice, let I want to file my answer as well as counter suit how would that be possible.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).