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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: Is a homeowner responsible for extra material cost if the contractor under estimated the materials required to finish?

I received quotes for a new roof and to have the attic insulated. The contractor first did a detailed survey of the roof and how the house was constructed. When it was time for the contractor to look at the insulation job, I showed the contractor the attic location for largest section of attic. (I... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

First, it depends on whether your contract was a cost-plus or a fixed-price contract. If it was a cost-plus contract, then you are clearly responsible for the additional materials cost.

If it was a fixed-price contract, it depends on the scope of work contained in the contract. If the...
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1 Answer | Asked in Consumer Law and Banking for Texas on
Q: When the client of a lawyer requests a copy of his file, is lawyer required to supply that either hard copy or digital
John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Yes. Whether the file is maintained as a hard copy file or in electronic format, the lawyer is required to provide the client's file to the client upon request.

A lawyer is not required to keep a copy of the client's file after the engagement has ended. The lawyer is required to...
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1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Texas on
Q: How can I view the number of claims made for this case?
Tim Akpinar
Tim Akpinar
answered on Nov 29, 2024

A Texas attorney could advise best, but your question remains open for two weeks. If the claims rose to the level of legal actions (index number filed), it's possible the claims could appear in online unified court system databases. No guarantees there - it could depend on the court system and... View More

0 Answers | Asked in Civil Litigation, Consumer Law, Federal Crimes and Tax Law for Texas on
Q: What is the Texas law for distilling moonshine?

I’ve tried looking into the answer for this question and ended up more confused due to the federal judge ruling that the 156-year-old ban on at-home distilling is unconstitutional. so is home distilling spirits for personal use/consumption legal or what do I need in order for it to be legal.

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for Texas on
Q: Would it be advisable to take my roofing company to small claims court (Texas)?

The short story: AFTER I was under contract with this roofing company to replace my roof through an insurance claim, the entire experience was a nightmare to say the least. The work was not done well. I could not contact the company nor get them to contact me throughout the process. Upon... View More

John Michael Frick
John Michael Frick
answered on Nov 7, 2024

I don't see how you can recover the full cost of the roof back. But, if you prove those facts, you likely can recover the vent repair costs, doctor's bills and court fees. I would recommend small claims court since you indicate those damages are under $20,000.

2 Answers | Asked in Consumer Law, Family Law and Products Liability for Texas on
Q: My parent gifted me 4 fake Lego sets and pretended it was the real thing, do they have to reimburse me in any way?

If they bought the real sets, they would have spent about 50 dollars more than the fake sets, around 560 dollars. Now the combined value of the real sets would be around 2600 dollars.

Michael J. Mandelbrot
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answered on Nov 6, 2024

Who are you going to sue? Your parents? It was gift. If you really wanted to real sets, you could have returned the gift and put in $50.00 more yourself. I doubt any lawyer would take this case. Your parents had good intentions and were trying to be cost-effective. In 30 years, I have never heard... View More

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1 Answer | Asked in Consumer Law for Texas on
Q: Can I sue Cash America and EZ Pawn for using rigged tools to measure diamonds?

Pawn shops use rigged measuring tools to purposely inaccurately measure precious stones and give you the lowest amount possible so they can sell for higher

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Yes. If you went to one of those pawn shops to sell your diamond and they used rigged tools to inaccurately measure those diamonds and gave you a lower amount, you can likely sue for the difference and potentially for additional damages up to twice that difference under the Texas Deceptive Trade... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Who do I get to help me to make my landlord from the apartment complex go over her ledger because they're charging to mu

Charging me too much for late fees they have their computer that is not updated and they keep on charging and charging

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

Your landlord cannot charge you late fees unless you are late as described in your lease agreement. How often the landlord updates their computer is irrelevant to this determination. If your rent is due on the 1st and you pay your rent on the 1st, it doesn't matter when they input that... View More

2 Answers | Asked in Consumer Law, Criminal Law, Banking and Civil Rights for Texas on
Q: I asked a question recently about me the bank won't cash my paychecks and received an answer I have an issue with....

I tried to check cashing places I tried to prepaid cards you tried to put them into another account all came back As UNpaid now I have those places wanting their money back. This has become a big issue I haven't cashed a check in 7 weeks now I have went to that bank and talked to them and they... View More

John Michael Frick
John Michael Frick
answered on Oct 4, 2024

If a bank will not cash your employer's checks, you can sue your employer for the face amount of the checks that were dishonored, plus court costs and attorney fees. You should send a demand letter to your employer indicating that its payroll check has been dishonored by the bank.

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1 Answer | Asked in Consumer Law and Criminal Law for Texas on
Q: Hi a friend of mine just put a down payment on a car and made some payments but she missed one payment a few days ago

And due to financial situation she wasn't able to pay the one payment and now a few days later they have sent a text message saying they're going to arrest her for stealing the car. Is that a scam or can they really arrest her for missing one payment.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

No they cannot arrest her for failing to make a car payment on a car she bought. They can, however, repossess the car if they properly recorded a lien against the car.

They could only arrest her if she stole a car registered in their name. When you buy a car, you (or the dealer) must...
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1 Answer | Asked in Consumer Law, Contracts and Banking for Texas on
Q: Can I protest or re-negotiate with mortgage servicer the increase of interest rate on my home loan?

My home mortgage service company increased the interest rate of my home loan this August and locked it for another year. This is how the contract is written and my loan is a ARM. Yet, Fed were maintaining the interest rate flat since July 2023 and the expectation of a reduction was high before this... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry to hear about the unexpected interest rate increase on your mortgage. Dealing with rising rates can be stressful, especially when it seems out of sync with broader economic trends.

First, review your loan agreement carefully to understand the terms related to rate...
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1 Answer | Asked in Consumer Law for Texas on
Q: What can a Walmart employee do to me if I refuse to show them my receipt as I'm leaving ?

Could they call security for that and what could they do ? Would the cashier be a witness that you paid for your items so there's no reason for suspicion ?

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

A shopkeeper has the privilege to detain an individual that they reasonable suspect of shoplifting in a reasonable manner for a reasonable time to investigate ownership of property. If unable to verify ownership, the shopkeeper can call police.

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Civil Rights for Texas on
Q: Can I sue hyundai for faulty work?

6/2022 hyundai replace my engine due to a recall. They charged me against my decline $1200 for a fuel pump and would not release my car until i paid. (I have evidence). They stated that everything was new & I had a warranty for 12 months. 15 months later, the engine and fuel pump are both out... View More

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you're facing a serious issue with your Hyundai after the engine replacement and fuel pump service. Since you paid for the parts and they assured you everything was new with a 12-month warranty, but now the engine and fuel pump have failed just 15 months later, you might have... View More

1 Answer | Asked in Consumer Law and Libel & Slander for Texas on
Q: Director read private messages between 2 people on IG then showed them to several people. Is this legal

Had direct messages to one person hacked into by my director then shown to at least 4 people then wrote letter to a group saying we were harassing bullying, a threat to disabled and minors and dangerous.

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

It depends how the director gained access to the messages. You should definitely report the "hacking" to Instagram.

2 Answers | Asked in Consumer Law, Contracts and Identity Theft for Texas on
Q: Can A lawyer demand that a company divulge what legal documents and/or processes that they have in my name?

I suspect that a certain company is planning to place a fraudulent lien on my home.

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

If there is a pending lawsuit, a lawyer can subpoena or serve a discovery request compelling the company to produce relevant non-privileged documents in its possession, custody, or control.

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1 Answer | Asked in Consumer Law and Child Support for Texas on
Q: Question about Texas attorney general and reporting child support to the credit bureau.

Is it legal for the attorney general in Texas to report child support as late or delinquent randomly or prior to the date that the payment is ordered to be made?

Let's say payment is due the 24, and is paid. The next month on the 24 is missed, and within a month they report you as 30... View More

John Michael Frick
John Michael Frick
answered on Aug 26, 2024

The Texas OAG is required by law to report child support to the credit bureaus. If they made a mistake, you can file a dispute with the credit bureau to have the mistake corrected, just like with any other creditor. I note that child support is almost always due on the first day of each month.... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for Texas on
Q: What should I do if I paid a contractor 100% upfront and they have not done any work and they filed bankruptcy?

I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More

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1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Tax Law for Texas on
Q: What are the legal options I can take against a previous auto dealership that provided in-house financing?

In Sept 2019, I hit a deer. By Nov 2019, an auto claims adjuster came to the house, assessed the damage, and considered it to be a total loss. After the company received the amount to pay off the majority of the loan, which was to be $4995, the dealer's gap insurance that is required at the... View More

James L. Arrasmith
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answered on Aug 15, 2024

You have several legal options to consider in this situation. First, you may want to dispute the 1099-C with the IRS, as it seems the debt was already paid off, and the filing may have been incorrect. If the dealership's gap insurance was supposed to cover the remaining balance, and they did... View More

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