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Texas Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Banking and Social Security for Texas on
Q: Caught in a fraud scam my checking is overdrawn thousands. Can my bank take my social security in savings to pay that?

Both pension and social security go to savings but checking is overdrawn. Can they take that to pay off what is owed in checking?

Teri A. Walter
Teri A. Walter answered on Mar 18, 2021

Probably, yes. The bank's account agreement probably gives them the right to offset what's due on one account with what's in another, even if the funds deposited there were exempt before they we deposited. You may want to contact them and work out some payout arrangement on the... Read more »

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1 Answer | Asked in Consumer Law and Health Care Law for Texas on
Q: Dental xrays taken by illegal tech in texas

Charging for dental xrays done by non certified tech in texas

Tim Akpinar
Tim Akpinar answered on Mar 15, 2021

A Texas attorney could advise best, but your post remains open for two weeks. This could be more of a consumer law/health law matter than a personal injury or med mal matter - unless you were injured as a result of the procedures. There's no guarantee all posts are picked up, but you could... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: I had a plumber come out to unclog my main line. He was able to get a low flow and left.

The next day the line was clogged again. Do I have to pay him again to unclog the line our should he come back out and fix it for free since I’ve already paid him?

Teri A. Walter
Teri A. Walter answered on Feb 25, 2021

You paid him for the first fix. Unless it was done improperly the first time, fixing it again is a second job, which needs to be paid for. Since this has (presumably, based on your question) happened quickly, you might want to have him look for an underlying cause of the problem.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Identity Theft for Texas on
Q: Who can I sue and how do I go about it?

A guy I know opened a joint account on an apartment in his and my name, I never lived in the apartment and never gave permission for my name to be used.

Tim Akpinar
Tim Akpinar answered on Feb 25, 2021

A Texas attorney could advise best, but your post remains open for three weeks. If you consulted with attorneys who handle civil litigation, they should be able to advise. They could also identify necessary measures to be taken, such as notifying banks and other financial institutions. Good luck... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: Who is legally responsible for monitoring the sale of alcohol?

I wrk for a large transportation company my manager says I am not allowed to manage or control the amount of beer I serve in a trip. That if they want 4 beers an hour per person to sell them the 4 beers. When I was hired decades ago I was taught that I was legally responsible and in control of... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

A Texas attorney could advise best, but your post remains open for two weeks. You are astute to recognize the possible applicability of dram shop statutes in such settings. These statutes are not universal across the nation - although the general premise of assigning liability to an establishment... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: Can I get a vehicle back if the loan isn't being paid?

A couple years ago I got a divorce and listed a truck as property for my ex husband. He was making the payments and the truck was always "his". Now he's not making the payments. My name is the only one on the truck and the loan. Legally it's the banks truck until it's paid... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 22, 2021

No, it's not the bank's car. Based on your description, the title made it your car, and the divorce decree made it your ex-husband's car.

In most cases, the decree provides that the person who receives the property is responsible to pay the debt. If he doesn't do so,...
Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: I have a case filed against me for debit & all I have is SS disability income
Tim Akpinar
Tim Akpinar answered on Feb 11, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I'm sorry that's happening to you. Based on the paperwork you received (summons & complaint, demand letter, etc.), you probably need to take some form of action without delay. You could reach out to... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: How do I go about file a claim with subway. I have eaten so much subway tuna, or so I thought.
Teri A. Walter
Teri A. Walter answered on Jan 29, 2021

Sorry, eating tuna - or not - is not grounds for a lawsuit.

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Insurance Bad Faith for Texas on
Q: What can I do about a supplemental insurance company's mistake resulting in my info being sent to a coworker?

Local insurance agent put a coworker's address in my account when we were enrolling (along with at least one other typo; birthday is/was wrong). Been going back and forth with him and the corporate customer support team. I can't get a refund and terminate my account, because I cant verify... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 27, 2021

Was the agent negligent? Sounds like it. But at this point it's not clear what your damages are. If they fix the problem, you won't have any damages. No damages means no claim against the agent.

2 Answers | Asked in Consumer Law, Copyright, Criminal Law and Divorce for Texas on
Q: Does Stephanie have an Attorney on record in regards to her son Tyler?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 26, 2021

Did you actually just type this question into Justia expecting a meaningful response or were you simply talking to another person who happens to own a malfunctioning Amazon Alexa device?

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1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: My family and I have suffered a great loss due to a product I use. What do I do now?

I wasnt aware this product could cause this to happen because I'm either the first one to go through this, or others have not made this information and possibility known to the general public . If the company is aware of this from other silent families and have done nothing differently to... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 25, 2021

A Texas attorney could advise best, but your post remains open for three weeks. I'm sorry for your family's ordeal. Without knowing more about the product or its effects on you and your family, I'd suggest you reach out to Texas attorneys who handle product-related injury cases. The... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Texas on
Q: Debt reported to Credit Agency: Lack of communication between Hospital and Debt-collection Agency (DCA)

Here is the Timeline:

April - I received a bill from the Hospital. June – Hospital agreed to place my payment on hold under their Pandemic-time policy.

June/July - Received two letters from a DCA. I called DCA to inform that my account was under hold. October - The hospital... Read more »

Timothy Denison
Timothy Denison answered on Dec 3, 2020

Yes. It may also be a violation of the Fair Credit Reporting Act.

1 Answer | Asked in Consumer Law for Texas on
Q: I live in Texas. If I go into a store and purchase an item at the register that is higher than the price that is display

I live in Texas. If I go into a store and purchase an item at the register that is higher than the price that is displayed on the shelf what price do I pay for the item.

Teri A. Walter
Teri A. Walter answered on Dec 3, 2020

If you can get them to change the price based on what was posted, you pay the lower price. If not, you pay the higher price, or buy it elsewhere.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Texas on
Q: Can I sue a deceased person in small claims court if the probate has just been initiated?

The deceased person never fulfilled their obligation, and we signed a contract. She was the sole owner of the business and the probate process has just been initiated by her husband. The administrator has been assigned yet either. Could I still sue her business and her estate in small claims court?

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

The short answer is no - because there's no one alive to sue, and until someone is appointed to represent her estate, there is no one with authority to act for her. Once some one is appointed as executor or administrator, you can make a claim against the estate, and sue the executor or... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Texas on
Q: What to do if a Judge is making me part of a case and I am not listed as party where it shows active and inactive party

I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure... Read more »

2 Answers | Asked in Consumer Law, Business Formation and Business Law for Texas on
Q: Do I need to incorporate as a nonprofit to market my business as one when I won't be accepting donations or grants?

Hello!

I want to convert my marketing business into a nonprofit organization.

My mission is to utilize economic development to improve the conditions of local communities, creating successful small businesses that give back to the community.

That mission is obviously... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Nov 2, 2020

If you want to hold yourself out as a non-profit, then yes, you must be a non-profit. To become a non-profit, you must (1) create an entity with the Secretary of state and (2) file a 501(c)(3) application with the IRS. You cannot do this without an attorney and/or a CPA. Try to find an attorney who... Read more »

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1 Answer | Asked in Banking, Business Law and Consumer Law for Texas on
Q: Is there anything that can be done about car dealerships that offer “guaranteed financing” then they do not honor it?

Multiple dealerships locally offer “guaranteed financing” stating that there is no credit check, “your job is your credit”.. my ex wife ruined my credit. So when I needed a replacement work truck I went to several of these type of dealerships. Just for them to run my credit and turn me... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 6, 2020

The State of Texas is unique in that there is a division of the Attorney General's office that handles consumer protection issues. I would contact them.

1 Answer | Asked in Consumer Law, Contracts and Tax Law for Texas on
Q: Is there required form of legal tender that people can't decline when dealing with debt?

I have a friend whom helped pay for my car. He paid the last 1000 or so.

I brought him cash, he says no cash. I bring him card, says cash only.

This has happened twice each. Is there required form of legal tender that he can't decline.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 6, 2020

There is no federal statute mandating that a private business, a person, or an organization must accept currency or coins as payment for goods or services. Private businesses are free to develop their own policies on whether to accept cash unless there is a state law that says otherwise. Texas does... Read more »

1 Answer | Asked in Consumer Law, Construction Law and Small Claims for Texas on
Q: Roofer put wrong shingles on my roof. What can I do?

We have had our roof replaced which was covered in our insurance. He came and we agreed on a color and he gave us the packet with a brochure with our selected shingle color and style. When he filled out the contract he did not put down the same style as the brochure we had agreed to. The specific... Read more »

Matthew Scott Williams
Matthew Scott Williams answered on Aug 25, 2020

Yes. You may certainly ask that the issue be remedied; however, whether the roofer will agree is unlikely.

Unfortunately for you, Texas courts strictly enforce the "four corners" of a contract - meaning the parties are held to the actual words and their plain meaning contained in the contract.

1 Answer | Asked in Consumer Law for Texas on
Q: How to get expert input while protecting my invention?

I have an Invention that would potentially solve a problem in a field unrelated to mine, so before moving forward with it too far I would like to ask an expert in this domain to make sure it is legitimate. what is the best way that I can protect my interests and prevent the said expert from... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

Your post remains open for two weeks. A patent attorney could probably give you guidance on this. There's no guarantee that all questions are answered, but your question would have better chances of getting picked up in the Patent Law and Intellectual Property sections rather than the Consumer... Read more »

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