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Texas Small Claims Questions & Answers
2 Answers | Asked in Small Claims, Business Law, Civil Litigation and Trademark for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

Sean Goodwin
Sean Goodwin
answered on Apr 30, 2024

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

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0 Answers | Asked in Construction Law, Small Claims and Business Law for Texas on
Q: I have a customer that has hired me as a. Mobile mechanic in the state of Texas to do repairs and has now banned me from

She has banned me from property , because she is refusing to pay and has stolen the keys from me on both her vehicles and has only remitted partial payments. I have been doing the work as agreed upon previously at her residence in Freeport Texas . She is now not wanting to pay for repairs or parts... View More

1 Answer | Asked in Small Claims for Texas on
Q: I have a property damage case how do I prove somone was there if they deny it?
John Michael Frick
John Michael Frick
answered on Apr 29, 2024

You can call witnesses who saw the person, authenticate and offer a photograph or other video, or establish the presence of the person with forensic evidence like fingerprints or DNA.

0 Answers | Asked in Small Claims for Texas on
Q: Was scammed through Facebook Marketplace purchasing an engine in cash, anything I can do legally?

I recently purchased a used engine from Facebook marketplace which was claimed to be "healthy" and in good condition, after paying the seller in cash and bringing the engine home I found the engine to be unlike how the seller mentioned it in text and in person. There is serious issues... View More

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: Should I file a motion to deny the continuance request filed by the Debt collector suing me due to false information?

Court is set for May 10 at the Justice of Peace precinct in my county. The copy of the continuance request I received states it is due to them not receiving an answer to the summons and wanting to prepare paperwork for a default judgement instead. They requested it be set back 60 days but I did... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You should file a Response to the Motion for Continuance stating that you did properly file your answer with the justice of the peace court and attach a file-marked copy of your answer as an exhibit to your Response. Unless there are other factors at play, I would state that you are ready to... View More

1 Answer | Asked in Business Law, Contracts, Consumer Law and Small Claims for Texas on
Q: Where do I file a small claim against a corporation headquartered in Ohio but conducts business in Houston, Texas

The Company is Divisions Maintenance Group in Ohio but operates a handyman app that provides a job load board for technicians anywhere in the nation. As we perform maintenance jobs for businesses in our local region, the businesses pay Divisions Maintenance Group for our services, and we get paid... View More

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092. So in the JP court for the precinct where the Sam's Warehouse where you performed the services is located.

0 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Domestic Violence and Small Claims for Texas on
Q: Should I mediate? What should I be prepared for if I choose to or not to

I was afraid for my safety from a roommate, I called police 3 times in 6 days because I was afraid of the roommate hurting me. I had to live elsewhere for a month and didn't drive to work because he blocked my car in the parking lot and started banging on my windows. I filed for eviction,now... View More

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

John Cucci Jr.
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answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

2 Answers | Asked in Consumer Law and Small Claims for Texas on
Q: I’ve been scammed and the merchant is refusing refund. I would like to sue them in small claims , which category is that
James L. Arrasmith
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answered on Mar 20, 2024

If you've been scammed and the merchant is refusing a refund, taking them to small claims court is a possible next step. In small claims court, cases typically fall under the category of civil disputes. This usually involves personal or business conflicts over money or services, such as... View More

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3 Answers | Asked in Civil Rights and Small Claims for Texas on
Q: How can I find out someones address to file civil court case in my county

I loaned someone a large sum of money they owe remaining $1,500. I have a copy of their driver license but they no longer live there how can I find out their current address to sue them thru small claims court

James L. Arrasmith
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answered on Mar 7, 2024

To file a small claims court case, you generally need to provide the defendant's current address for proper service of the court summons and complaint. Here are some methods you can try to find their current address:

1. Contact mutual friends, family, or acquaintances who might know...
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1 Answer | Asked in Small Claims for Texas on
Q: I bought a car from a lady that told me there was only an issue with the ac. There is way more wrong. Can I sue?

She said the ac needed to be charged and that was the ONLY thing wrong with it. I have had to replace breaks, rotors, a caliper, the ac module is messed up,shocks are out, the power steering pump is leaking, there is a valve leaking, the radiator went out due to whatever work they did on it... View More

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

It depends on the terms and conditions of your sale contract. Most used cars are sold "as-is." If this car was not sold "as-is", the seller may be responsible for any hidden defect that they seller knew about at the time of the sale that a reasonably prudent inspection would... View More

1 Answer | Asked in Small Claims and Landlord - Tenant for Texas on
Q: Can I sue my ex for keeping my possessions and not allowing access after wrongful eviction/writ of possession

I need to know if I have any grounds to be able to sue my ex boyfriend for both A.) wrongful eviction & B.) not allowing me my possessions, and then after being granted the eviction & writ-(due to the fact that he had the papers served to his place, and I never got any of them) he then... View More

John Michael Frick
John Michael Frick
answered on Feb 22, 2024

In order to state a claim for wrongful eviction, you will need to plead and prove you were evicted based on your race, sex, national origin, disability or family status, or that the eviction was in retaliation against you for filing maintenance requests or complaints about the condition of the... View More

1 Answer | Asked in Family Law and Small Claims for Texas on
Q: How to get money that is owed to me and ring back from an ex fiancé who broke off the engagement?

She owes me money for her movers that I paid for and said she would pay me back. Money loaned to pay her employees when she couldn’t, and when we moved in together she agreed to pay for half the utilities, but always said she didn’t have the money and would pay me at a later date.

She... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

An engagement ring is usually considered a gift, so you are not entitled to the ring back. As for the other items she owes you for, our justice of the peace courts have jurisdiction over small claims up to $20,000.

1 Answer | Asked in Contracts, Family Law, Products Liability and Small Claims for Texas on
Q: My sister will not return her phone

I have a plan with Verizon and my sister is on my account. She hasn’t paid her portion of the bill in a few months, so I have been paying so the service won’t be disconnected. We are both still paying off our phones, it’s about $700 left to pay off per phone. Ive suspended her line but she... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

After paying Verizon, you can sue your sister for the money she owes you in small claims court.

1 Answer | Asked in Contracts, Arbitration / Mediation Law, Business Law and Small Claims for Texas on
Q: Late fee and unpaid sales commissions

Hi. As a freelancer in TX, client in AZ was chronically late needing numerous reminders for every invoice(12mo consecutively - except for the first)

For one invoice I added a 10%/mo late fee. Client eventually paid the invoice late, yet now months later he is ignoring the late fee. By... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2024

The act of paying the principle amount of an invoice, but not the late fee, when you unilaterally added a late fee to the invoice without the client's agreement does not create a contract pursuant to which the client agreed to pay a 10% late fee. Under the Texas Finance Code, an unpaid amount... View More

1 Answer | Asked in Car Accidents and Small Claims for Texas on
Q: When filing in Small claims court, which Justice of Peace location should I pick for car accident case?

is it based on the defendant's address or plaintiff's address or accident location?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

you may choose to file in the county and precinct in which the Defendant resides if the Defendant is a natural person or in the county and precinct where the accident happened.

1 Answer | Asked in Small Claims and Collections for Texas on
Q: How do I answer a suit against me by a CC co. when the debt is mine but I don't have income? Do I lose automatically?

I want to know how to write an appropriate answer for the petition for which I was summoned and I would like to know what possibilities to expect. I read online that not having income to pay your debt is not a defense but it is the only true explanation I have. All the online advice is about... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

You can file a general denial. Lots of things can happen to derail a lawsuit even in such a case. For example, the plaintiff may not be able to prove that you owe the money or how much. Debt collection cases by credit card companies in small claims courts are frequently handled by young,... View More

1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Texas on
Q: Can a storage manager remove any of my items before auctioning my unit off?

I’m behind on my payments . The letter I got telling me about the auction stated that I had until January 10th to pay or my storage would be auctioned on January 11th online . I randomly checked the auction website on January 6th and my storage was already posted as being up for sale . They also... View More

T. Augustus Claus
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answered on Jan 10, 2024

In Texas, self-storage facilities typically have the right to auction off a tenant's storage unit contents if the tenant falls behind on payments. However, there are legal procedures and timelines that must be followed. If the storage manager has removed items from your unit before the... View More

2 Answers | Asked in Personal Injury, Car Accidents and Small Claims for Texas on
Q: Will I be liable for other party's legal fees if I win only the same or less amount as first offered by the adjuster

I am going to sue the at-fault driver and owner for car accident in small claims court since settlement offered by the adjuster is too low. If the other party is represented by a lawyer from their insurance company, is it likely that I will be required to pay the fees for the lawyer if I win only... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

If the settlement offer was made before a suit was filed, you cannot be held liable for the attorney's fees. However, after a suit is filed, there is a specific statute which allows a defendant to make a settlement offer during a lawsuit which could result in you being held liable for... View More

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1 Answer | Asked in Consumer Law, Small Claims and Civil Litigation for Texas on
Q: Civil suit for car repairs, where do I turn?

Put my car in a repair shop I never used before, They threw unnecessary parts into, just for my car's engine light to turn on 3 mins into getting it home, the car was driving rough and making weird buzzing noise. Tire pressure light was on as well. 3 days of having the car sit until the next... View More

James L. Arrasmith
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answered on Jan 6, 2024

In Texas, if you believe a repair shop has performed inadequate or unnecessary repairs on your vehicle, you have the right to seek legal recourse. The first step is often to try and resolve the issue directly with the repair shop. If they are unresponsive or unwilling to rectify the situation, you... View More

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