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Texas Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Real Estate Law for Texas on
Q: TIRED of having to live like this and unable to Relocate. Any Recourse for:

Misrepresentations,

Breach of Contract,

Property Damage(s),

Consequential Damages,

Mental Anguish,

Negligent Drainage Issues causing DAMAGE to my RV,

Carpenter Ant Infestations destroying RV (HOME) also resulting in SIGNIFICANT Damages, etc.????... View More

0 Answers | Asked in Consumer Law for Texas on
Q: I bought a truck but the dealership went bankrupt and the lender backed away from the deal, I have no payment or title

I bought a truck last July and after a month or two I noticed I never got a payment so I went to dealership, who turns out went bankrupt and out of business. I called the lender who was supposed to be financing my car, who said they turned the deal back to the dealer because they didn’t wanna... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: Hi there,I was wondering if somehody could determine the likely outcome for this scenario.

A university or professor sues a student for posting a test onto a course sharing website for copyright infringement. During the proceeding, the professor or university wants to subpoena the identity of the poster and viewers of the test that poster posted; would this subpoena be granted? Would it... View More

Michael I. Leonard
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answered on May 4, 2024

In the context of a civil lawsuit, a Subpoena for the production of documents is only needed if the intended recipient of the Subpoena is NOT a party to the lawsuit. Otherwise, if the documents are being sought from a party to the case, then a Request for Production of Documents would instead be... View More

1 Answer | Asked in Public Benefits, Consumer Law, Products Liability and Business Law for Texas on
Q: What are some things I can do to increase the importance of hygiene and QC at my local tobacco shop as a member/buyer.

I have a local cigar shop that's produces all in house. Tons of boxes all around of future cigar binders, fillers and wrappers. I've seen mold a hand full of times. Not cigar bloom but clear as day mold on the ends or twisted tips. Many times I'll grab the multi packs off the display... View More

Tim Akpinar
Tim Akpinar
answered on May 7, 2024

It's possible that there could be technical solutions, since you seem to like the place and its owners and don't want them to be hurt - dehumidification, air conditioning, etc. Good luck

1 Answer | Asked in Consumer Law for Texas on
Q: My application for a car loan was denied should I get my deposit back
John Michael Frick
John Michael Frick
answered on May 1, 2024

If the deposit is refundable, you should get it back.

1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Texas on
Q: BCHAPTER III - CREDIT REPORTING AGENCIES Sec. 1681i - Procedure in case of disputed accuracy.. how to check

I might have a case for this but I wanna make sure...

Matthew McKenna
Matthew McKenna
answered on Apr 26, 2024

In order to get procedures from a credit reporting agency, you'll likely need to sue them and ask for the procedures in discovery. They will likely only hand them over under a protective order. I would contact a consumer protection attorney that is familiar with the Fair Credit Reporting Act.

1 Answer | Asked in Consumer Law and Real Estate Law for Texas on
Q: Hi my home is in a lawsuit since a relator bought my home from someone she knew had falsified signatures

When they tried to evict me in jp court the judge ruled in myfavor and stated that i should not be evicted while the case is pending higher court between the person i bought the house from and thecperson mrs leal bought the home from but she still gets another realator to list the home for sale... View More

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

Win the case that is pending in the higher court. You might be able to persuade the judge in that higher court to grant a temporary injunction prohibiting the realtor from listing the home for sale until the lawsuit is resolved.

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.

1 Answer | Asked in Consumer Law for Texas on
Q: dealership sold me a car with a salvage title and did not tell me nor did they give me the salvage title.

They gave me the original title to car thetefore i was denied a title in my name. We paid cash for the car and paid top dollar $12,000 they also sold us a type of after matket warranty on it, that would be invalid if we had tried to use it. I live in Texas and bought car in Louisisna. It's... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Because this appears to be a used car, the Lemon law doesn't apply. You should contact an attorney in or near the parish in Louisiana where you purchased the car to pursue a claim against the dealership. They should have disclosed that the vehicle had a salvage title and should have provided... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Elder Law and Libel & Slander for Texas on
Q: How do I find lawyers to sue local MLS and big RE agency, who demand fee from me to disparage my premier property?

Recent national class-action success against these providers is probative as admission but of no avail to my class or me individually, with unique and actual damages worth $350,000 plus treble that amount for DTPA violations.

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

You should search in Justia for a lawyer in or near the county where your property is located with experience in real estate litigation and perhaps defamation cases depending upon what you mean by "disparaging" your property.

Unlike other types of cases--especially personal...
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1 Answer | Asked in Insurance Bad Faith, Consumer Law, Foreclosure and Banking for Texas on
Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification

What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More

1 Answer | Asked in Consumer Law, Divorce, Family Law and Civil Rights for Texas on
Q: I lost my wife and money because someone Landed my name
James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about your situation. It sounds like you may have been the victim of identity theft, which is an awful experience that can have devastating consequences. Here are some steps I would recommend taking:

1. Contact the credit bureaus (Equifax, Experian, TransUnion) to...
View More

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: We are sued in MO I need a general denial form and form to change jurisdiction to Texas our company is in TX,

the contract with client states that she can only bring suit in Teas but we need to answer this law suit before we get a judgment I do not where I can find these forms

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

A company can only appear in legal proceedings through a licensed attorney. You don't need a form; your company needs a Missouri attorney to represent it in the lawsuit filed against it in Missouri. Even if you were to present a form, unless you are a licensed Missouri attorney, it likely... View More

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Is it lawful for a lawyer to redirect award funds designated for a client to their lawfirm without the client's consent?

Is it lawful (impropriety/appearance of and/or unethical) for a lawyer to redirect award funds from the conclusion of litigation, designated for a client, to their law firm without the client's knowledge or consent? Especially when there are unresolved lawyer's fees, the legitimacy of... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

No. When there is a dispute such as this, the lawyer should hold the disputed funds in the firm's IOLTA (i.e. client trust account) pending a resolution of the dispute and should not redirect those funds into the firm's operating account.

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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1 Answer | Asked in Consumer Law for Texas on
Q: What to do with that unfair business model of ashleyfurniture.com?

I ordered a set funiture from ashleyfurniture.com part of the set received damaged.got promised for a replacement. Replacement couldn't be done. I asked for returned because they can't fulfill my order. They refused and said they don't get funiture back after delivered. After alot... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

I'm sure this experience has been frustrating for you.

First and most important, do not discard the furniture you wish to return. Store the furniture in a safe place where it will not sustain any further damage.

Second, document how the furniture was damaged from water,...
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1 Answer | Asked in Consumer Law for Texas on
Q: Do U have recourse with a vehicle you bought new, now has 7000 miles/5 years old currently having several problems?

Purchased a new Audi in 2019, it has had several warning lights come on in the past few months. Is there any legal recourse I have for Audi (the dealership I purchased it from) to assess and repair the issues? Thanks!

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

If the vehicle is still in warranty, you can take your car to the Audi dealership for an in-warranty repair. Audi's powertrain warranty (10 years/120,000 miles) includes your vehicle's engine, transmission, transaxle or transfer case, drive axle(s), and certain hybrid/ electric... View More

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: What should my late fee penalty be on a title loan?

If I have a title loan in the state of Texas for the principal amount of $5000 & the amount to renew is $750 every month…& in the contract it states the following: $7.50 or 5% of the scheduled payment amount (whichever amount is greater), for any payment to Lender not paid after the 10th... View More

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

5% of $750.00 is $37.50. This assumes that what you call "the amount to renew" is the same thing as "the scheduled payment amount."

2 Answers | Asked in Contracts and Consumer Law for Texas on
Q: What to do when Solar Company will not remove the panels after falsifying the digital signature on the contract?

I have a property which my 75 yr old mother rents. This past November I noticed that solar panels had been installed on my property with out me knowing or authorizing any of that. Turns out the loan is under my mother's name which she is not the owner, I am also on the loan. By calling the... View More

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

I recommend hiring an attorney in or near the county where the property is located to file a declaratory judgment action pursuant to Chapter 37 of the Texas Civil Practice and Remedies Code seeking a declaration that you are the owner of the property, that the solar panels were installed on your... View More

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1 Answer | Asked in Consumer Law for Texas on
Q: I am being sued by LVNV for $980 Capital One credit card debt and I am homeless. How do I handle this? Thank you.
John Michael Frick
John Michael Frick
answered on Feb 23, 2024

You can either file an answer or ignore it. An unsecured creditor can only collect a judgment from any non-exempt assets you may own. Texas exempts a wide variety of assets including up to $100,000 of personal property within certain specified categories. Most homeless individuals do not have... View More

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