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

Q: I’ve been scammed and the merchant is refusing refund. I would like to sue them in small claims , which category is that

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2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: The category "small claims" is any civil claim up to or less than $20,000.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: 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 disputes over contracts, damages, or, in your case, possible fraud and consumer rights violations.

Before filing a lawsuit, it's important to gather all relevant evidence, such as emails, receipts, and any other communications or documents related to your transaction and interactions with the merchant. Make sure to understand the filing process and any specific requirements or limitations, such as the maximum amount you can sue for in small claims court, which varies by jurisdiction.

Lastly, consider seeking guidance or advice from legal resources available in your area. Many jurisdictions offer free or low-cost legal advice for individuals considering small claims actions. This can provide you with a clearer understanding of your rights, the strengths of your case, and the steps involved in the legal process.

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