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Texas Consumer Law Questions & Answers
1 Answer | Asked in Civil Litigation, Consumer Law and Criminal Law for Texas on
Q: If We the People, Elected to place a governing body over us and together WE created LAW. Why are WE charged at all????

We the people are kept intimidated by the complexity of law and many innocent people are falsely accused and imprisoned. We only get one lifetime here on earth. Some innocent people had that beautiful and blessed experience, taken from them by the legal system. A system that ruins innocent lives as... View More

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

People do not want to be taken advantage of by other people who provide substandard services (including legal services) that they are not qualified or able to deliver properly. So people have passed laws for certain services, including legal services but also including plumbing services, health... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Lemon Law and Consumer Law for Texas on
Q: Ancira sold new car to me but to wait for shipping from other state but I found doc it was here all along - fraud?

After signing bill of sale got approval of credit my bank financing I find online doc through DMV for efile of vehicle test detail mytxcar.org the car was here prior to my going to dealership_ and my history report states " title brand" through tax office here.

John Michael Frick
John Michael Frick
answered on Jun 25, 2024

Was shipping the vehicle from another state a "material" part of your agreement, or was it only incidental? Fraud typically involves a misrepresentation of a MATERIAL fact. Did you justifiably rely on the vehicle being shipped from another state for some reason? How did that reliance... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Do I have to pay for repairs on my bicycle if they broke my bike

I took my bicycle in for repairs and they said it fell over and broke a part

James L. Arrasmith
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answered on Jun 15, 2024

If you took your bicycle in for repairs and the shop damaged it by letting it fall over, you should not be responsible for paying for the damages they caused. Generally, repair shops have a duty of care to protect customers' property while it's in their possession. If they failed to do... View More

2 Answers | Asked in Internet Law, Consumer Law and Criminal Law for Texas on
Q: Can you help me? I've been scammed trying to buy a 2018 Nissan Altima for $2,500, since May 21st. I paid $2,815.

Since May 21st. I am out of $2,815, trying to purchase a 2018 Nissan Altima for $2,500, I was promised a $2,815 refund at delivery. Now they are requesting an additional $1,200, it is always some new money request.

My Goal is compensation and/or exposing this situation.

I paid.... View More

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

This sounds a lot like a scam and you should notify law enforcement, Zelle, and CashApp.

In an ordinary purchase of the used car, you would pay the money to the Seller, the Seller would sign the title over to you, and you would take possession of the vehicle and title. If you were...
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1 Answer | Asked in Consumer Law for Texas on
Q: If a debt collector files a lawsuit in Texas, does a citation need to be delivered?
John Michael Frick
John Michael Frick
answered on May 28, 2024

Yes. Unless the defendant voluntarily makes an appearance without being served, a citation and a copy of the petition will need to be properly served upon the defendant in accordance with the Texas Rules of Civil Procedure.

1 Answer | Asked in Consumer Law for Texas on
Q: What can I do about this employee taking away perks and messing up my cell plan because I didn’t want to buy her “deal”?

I have a mobile plan with *****. I went into the store to get a new phone because I had an upgrade. In my account on the mobile website there was a deal for a free phone. I went into the store to get that deal, set it up, and pay whatever fees I needed to pay. The woman there was trying to do... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Given the extremely small amount of money involved, this is more of a customer service issue than a legal issue. If I were you, I would contact the customer service department of your mobile service provider. Make sure you correctly report to the CSR the name of the employee with whom you dealt,... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Is an automotive service shop liable for damage that occurred to a vehicle due to pre-existing issues prior to the shop

The damage happened after the vehicle left the shop and was caused by issues that existed prior to the vehicle entering the shop. The shop employees noticed the issue, but did not notify the customer

John Michael Frick
John Michael Frick
answered on May 20, 2024

If you hired the shop to perform an inspection that would have revealed the pre-existing issue and the shop failed to notify you of the condition that they discovered in performing the inspection, then you may have a claim against the shop for breach of contract or for breach of the implied... View More

1 Answer | Asked in Small Claims and Consumer Law for Texas on
Q: Can I sue my mechanic for not fixing my vehicle

The mechanic has had my car for two years this august he only has one worker on it the worker has been hospitalized 3 different times while working on my car I’ve paid him the money in advanced I don’t owe him a dime and they still can’t seem to figure out what’s wrong with it and have just... View More

James L. Arrasmith
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answered on May 19, 2024

Based on the information you've provided, it seems like you may have a case against your mechanic for breach of contract, negligence, or even fraud. Here are a few things to consider:

1. Contract terms: Review any written agreement or invoice you have with the mechanic. If they've...
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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...
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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

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