San Antonio, TX asked in Consumer Law and Small Claims for Texas

Q: HowDoIFix/proceedAfterGivingIncorrect deadlineOf30day inDemandLetter whichShouldOf stated60day soICanFileLawsuitInCourt?

A business violated theDeceptiveTradePracticesAct & false advertised.  They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice.  I was given runAround & excusesSo I contacted corporate about it and they told me wouldResolve.  They neverResolved & been stringingMeAlong for over 2 month.  DuringPast 2 month theAdvertisedPrice remained & every week I took pictures & attempt to purchase without any luck because they would just give me excuses.  AfterMonth of attemptingToGet mgmnt toHonor advertisement I sent a demandLetter certified mail return receipt toBusiness.  My issue is that I gave them a 30 day deadline in demand letter to remedy situation before I filed a lawsuit in small claims court.  The Dec.Tra.Prac. act states you must give 60day to resolve before filing a claim in small claims court. How do I fix this or proceed after giving them an incorrect deadlineOf 30day in demandLetter?

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1 Lawyer Answer
Leroy Scott
Leroy Scott
Answered
  • Consumer Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: You can send a new letter, unless doing so would cause you to miss the 2 years statute of limitation, in which case, you can file the lawsuit with giving notice.

1 user found this answer helpful

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