Q: Who is at fault if a foundation repair company comes out to do a basic repair job (after a previous owner messed up the foundation, admittedly) and makes the job worse? Keep in mind that this is on a rental property I own.

A: This is a grey area. We spoke with the owner of Hercules Foundation Repair in Dallas and he provided some good tips on how to pick a quality company. First, look for referrals and references from previous customers. Any quality concrete company should have these upon request. Secondly, look for accreditations like being involved with the BBB, Angies List and other such organizations. Third, ask for a proof of insurance. Most quality home improvement companies will have no problem providing these documents.

Three new guest posts from local lawyers - thanks to the law firms involved for their help in answering basic legal questions:

Used Car Disclosure Laws
Cost of Obtaining a Homestead Exemption
What If a Free Prize Isn't Actually Free?
Unintentional Deception When Selling Boat
Should I Help a Friend Co-Sign?
Who Owns Dential Records?

More FAQs coming soon.

I am a U.S. citizen but I have noticed (and spoken with an immigration attorney here in NYC) about the fact that I am having trouble getting hired because my union won't hire anyone without an ID and green card. Is this legal from an immigration law standpoint? I am a fourth-generation American and I resent having to prove I am legal - what's the best course of action to take?

Answer: This is a common immigration legal question. Employers must screen all new employees as a way of determining if they are eligible for employment. They must ask the same questions and require the same forms and paperwork of everyone. There are no sanctions for employers who have in the past hired an undocumented employee but there may be further penalties for people hired more recently. Whether in NYC or anywhere in New York, all employees must be treated the same during the hiring process.

Dear My Hometown Lawyers,

My boss is now requiring that all employees carry plastic see-through bags as purses to work. Can this be legal? I do not like the idea of co-workers knowing the contents of my purse.

Answer: Under the law, employers generally may impose whatever dress-code restrictions they want on employees. There really isn't anything illegal about see-through purse requirements. While you and your co-workers may not agree with the methodology, it sounds like your boss is concerned with theft via employees. Although the law may give your employer the right to ask for see-through purses in the workplace, you also have the right to find employment elsewhere.

Q: How can I collect on small claims court cases I have won? I have filed the abstract of judgment, and it still seems there is no real power to collect on these rulings unless I find where the person in question banks and then file for garnishment of wages? Please help! -Jason ("marketing director"/photographer)

A: Unfortunately, it can be difficult to collect after a judgment is handed out. In Texas, for example, a good bit of personal property is exempt and thus, cannot be taken to satisfy a judgment. In many cases, however, the person you sued will end up paying. This is because most people tend to pay their debts vs. living with the consequences, and because getting more credit becomes difficult and expensive. 

If you are not paid, however, you can garnish money in a bank account if you know where the person in question has an account. If you ever gave a person a check, look on the back to see where it was deposited and work backwards from there. You can do a little detective work or hire a PI to assist you.

Also, although there is no wage garnishment in Texas, you can garnish money owed if the person is known to be self-employed. Remember, your judgment will also remain on his credit report until it is settled. This is typically enough to ensure you are taken care of.

No. Texas law states that a merchant, with the exception of a government agency, may not charge a customer more if the customer uses a debit card instead of cash. Of course, the law doesn't require that merchants take credit cards, but once they do they may not charge you more on average. I suggest you let the store manager know that he didn't have the right to charge you the extra 5%, and that if he doesn't refund it, you will take the store in question to court if needed. Charing this illegal extra amount on a card also violates a basic tenant of Deceptive Trade Practice Act, and you could be entitled to at least double the amount paid. You also may want to let the attorney general's office know if you notice this practice.

You cannot go to jail for failure to pay a court judgment. Under Texas law, a debtor has certain protections. If you own or are buying your home, if cannot be taken away to pay a judgment, unless the judgment is for taxes, the mortgage on the home, or for a home-improvement loan on the home. This is the homestead law. 

A certain kind of property is not merely owned, but rather is held under some sort of document or written indicator of ownership, called "title". This includes real estate, motor vehicles, boats and trailers; bank accounts, stocks, and bonds. In such cases, ownership after divorce is not complete until title has been property transferred or otherwise dealt with.

As with every other part of your divorce, it is always much easier if your spouse will co-operate with you. If this is not possible, you can usually accomplish your goal some other way, but not always. If your spouse is not co-operative, then getting title is merely the first step - you still have to get possession. In some cases it means a lot to have possession first, as with bank accounts that could be spent while you are waiting around to get title. If you cannot get possession in any peaceful way, you may have to seek the help of a divorce attorney or give it up.

The procedure of the Supreme Court is similar to that of the lower appellate courts. Although the Supreme Court may hear appeals either on application for writ of error or by writ of certiorari, most of the Court's appeals originate by application for writ of error.

As with other appeals, a writ of error points out a legal flaw in the proceeding in the trial court or in the decision of the lower appellate court. The application for writ of error makes specific reference to a portion or portions of the record in which the error or errors were committed. A brief usually accompanies the application. Seldom are the parties allowed or required to argue orally in support of the application. Both the brief and the application for writ of error or certiorari must be in the form prescribed by the Court.

Only one out of every six or seven applications for a writ is granted. It takes the concurrence of at least three justices before a writ of error will be granted. Even if there is an error in the record, it must be a material error before the lower court's judgment will be overturned. For example, if the defendant's attorney referred to the plaintiff as an incorrigible criminal in jury argument in the trial court, this would constitute an error. But if the trial judge had instructed the jury to disregard the defense attorney's remark, the Supreme Court might well determine that the error did not influence the jury's decision and therefore was "harmless".

Composition of the Court: Like the Supreme Court of the United States, the Texas Supreme Court is composed of one Chief Justice and eight Associate Justices. It usually takes five justices to constitute a quorum and five concurring justices to render a decision. In some circumstances, however, the court may sit in sections to hear argument and consider other matters.

When it comes to post dated checks, don't give one. It is not illegal to do so, but it is unwise. Banks hate them. Problems occur when the check is deposited too early. Either it bounces because your account is empty, or it causes of their checks to bounce because you weren't expecting it to be deposited. You are stuck with charges either way.