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Texas Small Claims Questions & Answers
0 Answers | Asked in Small Claims for Texas on
Q: I bought a car 26 days ago, with impression was a safe & reliable vehicle, just needing breaks,but been wrecked?

It has no air bags due to being wrecked & taking it to dealership is only option to fix, & it also has a bad transmission! & Frame is damaged But was told it was a safe reliable vehicle! What can I do legally? My 13 year old ride's in this car with no air bags & he was injured... View More

0 Answers | Asked in Consumer Law and Small Claims for Texas on
Q: Purchased used car June 24 now it has wiring problems estimated at 10K. Do I have cause of action ?

The car was purchased in McKinney from a Dallas company, I was looking at two cars, one being out of state. I was told this car had no issues and they were local in case I had any problems. I purchased under this assurance ! The car is a Superformance Cobra built in 2008. The car did have problems... View More

0 Answers | Asked in Contracts and Small Claims for Texas on
Q: Texas JP Court. How to word a request for continuance.

I contracted with a tree surgeon to remove three dead palm trees from my property. I requested that they be inspected prior to removal to ensure that they were in fact dead, and not simply damaged. The tree surgeons employees removed the trees and upon review of the video tapes on my surveillance... View More

1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Small Claims for Texas on
Q: I'm in a luxury treatment center in Arlington Texas I had a bad fall getting into shower went threw glass door

No slip matt our grip bar told them I hit my head and back had to walk to the lobby bleeding from multiple places including my feet. They seem it unnecessary to call ambulance made me sit in the lobby bleeding for and hour until they found someone to take me to emergency room. To and insult to... View More

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2024

I'm sorry about your accident and your injuries, and the way things were handled. It's possible you have grounds for a case. Naturally, any law firm is going to reserve judgment until they investigate thoroughly, including manner of accident, the injuries, the response, applicable... View More

1 Answer | Asked in Small Claims for Texas on
Q: can a credit card lawyer file a motion of default judgement against me 20 days before my court date ?

I was sued by a credit card and i did every correctly. My date to appear was Dec 5 2024 they filed a motion of default judgement against me in Nov 11 2024 which i was unaware of. i appeared in court and they were only on the phone i guess seeing if i appeared. they asked for a continuance. i guess... View More

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

If you have not done so already, you should file a written answer to the company's petition in the court. If you contend you have made any payments not reflected in the petition, you are required to affirmatively plead payment stating the date, amount, and method of payment. Otherwise, you... View More

1 Answer | Asked in Real Estate Law, Divorce, Small Claims and Family Law for Texas on
Q: Doesn't my husband need my signature to sell our real estate. And how do you get him to give you your fair earning.
John Michael Frick
John Michael Frick
answered on Dec 3, 2024

Yes, if you and your husband own real estate together, whether as community property or as part your and part his separate property, it will be necessary for you to sign a deed and other closing documents.

As community property, you and your husband should mutually instruct the closing...
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1 Answer | Asked in Civil Rights and Small Claims for Texas on
Q: Am I able to take legal action with PayPal if they refuse to give me my money back after a refund is issued?

I made a purchase and used PayPal to pay for it. I never received the item, so I contacted the company I purchased goods from. The company issued a refund through PayPal, but PayPal is refusing to release the funds back to me.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

The answer to your question is in your user agreement you accepted when you signed-on with PayPal. If PayPal has sent you an email, or letter telling you they are not giving you a refund, I would need to see that to give you solid legal advice.

PayPal is obligated to give you a refund if...
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1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Texas on
Q: Can I call the cops on someone for throwing my things away from their house without letting me know? Is it theft?

My uncle had a room in his house that I was going to move into, but after I got my belongings in there he changed his mind but let me keep my things there for safe keeping and free storage. They moved to San Antonio and didn't tell me they discarded my things until after the fact.

John Michael Frick
John Michael Frick
answered on Nov 15, 2024

There are not enough facts to answer your question. It would be important to know whether there was any written agreement between you and your uncle. It would be important to know how long your things were at your uncle's house. It would be important to know how often you went to your... View More

1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Small Claims for Texas on
Q: I have a question about challenging someone for breach of contract due to deceptive practices and false pretense

I had met with a trainer to help build muscle mass back since I had lost so muscle mass due to a past gastric sleeve and a more recent liver transplant. The contract states that he would provide nutritional and fitness advice to help me achieve my goal. He was made aware of my restrictions. The... View More

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2024

A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with a local attorney, what you describe sounds like it would be a difficult case. I believe it could be challenging to get a law firm to consider handling something like this on a... View More

1 Answer | Asked in Small Claims for Texas on
Q: Roommate used my washer and dryer after telling him to no longer use any of my personal belongings.

I have provided my roommate with a washer and dryer to use free of charge for the past 15 months via a verbal agreement. He continually disrespected me and put my personal belongings in danger because he repeatedly would not lock the front door. I texted him to no longer use my things due to his... View More

John Michael Frick
John Michael Frick
answered on Oct 28, 2024

Your best strategy in this instance would be to move the washer and dryer into a secure storage area where your roommate cannot access them.

1 Answer | Asked in Small Claims for Texas on
Q: Just need some guidance on filing my small claims in Houston TX, what I can and cannot include in the Law suit.

As far as renumeration goes, what else can I hold the other party accountable for, since I have to pay fees to file the Law suit

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

In a small claims lawsuit, you can recover your legally compensable damages, as well as statutory damages, exemplary damages, attorney fees, expert fees, or additional damages if they are available for your particular type of claim (e.g. DTPA, theft liability, gross negligence in a personal injury... View More

1 Answer | Asked in Small Claims for Texas on
Q: Am I able to motion for an appeal or anything like that since it's the defendant's responsibility to show up for court?

I have a small claims case against an auto shop. The owner was served months in advance by a sheriff but didn’t show up to court. The judge informed me the defendant had hired an attorney who didn’t receive notice of the court date. Don’t I have a right to win, as the defendant was served and... View More

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

No, you cannot appeal as there is no final judgment to appeal.

You are not "entitled" to win. The judge can only grant a default judgment if it is clear that the defendant does not have any intention of defending the claim and intentionally did not show up or was...
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2 Answers | Asked in Contracts, Civil Litigation, Civil Rights and Small Claims for Texas on
Q: If someone agreed to pay me $300 to go on a date but is now ghosting me on payment, can i sue?

I have proof he agreed to pay and agreed to my price, I have proof and witnesses that I went on the date, and I have proof he hasn’t paid me.

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

Someone could always sue for virtually anything - whether a case is strong and worth pursuing or not. But this could be a "can of worms" that might create more headaches in time and stress than $300. You could look up your court system's requirements for the small claims system and... View More

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1 Answer | Asked in Small Claims for Texas on
Q: Neighborhood car salesman sold me a car 2 years ago and now wants his plates back.

I made car payments but I lost track of them and I asked him can he send me bank statements so I can see how much I owe him and he never did

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

He has no obligation to send you his bank statements. You can check own bank statements to see how much you owe him.

When someone sells you a used car, you have thirty days to register it in your name and get new plates. A licensed used car dealer would remove the plates from the vehicle...
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1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Neighbor broke my car window with a can thrown from within his apartment. What is my recourse?

My neighbor in the rental complex (Austin Texas) was in his apartment and began to throw things out the window. One of the cans hit and broke my windshield. There are witnesses and I am filing a police report, although it is 12 hours later. Will his apartment rental insurance or his auto... View More

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

He is probably liable for his own negligence. His automobile policy likely doesn't it. His renter's insurance may or may not cover it depending on the language of the policy and the particular facts. Your own automobile policy almost certainly covers it under either comprehensive or... View More

1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: Bone fragments in chicken nugget.

I am seeking legal advice on a situation that occurred at a McDonald's in Willis Texas. they're claims company has reached out and offered me a settlement but I'm not sure if I should sign or if I should seek more. I only have about $200 in medical bills and a wound on the roof of my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A Texas attorney could advise best, but your question remains open for a month. However, it would be difficult for any attorney to advise without seeing your medical records. If the wounds were superficial and passing in nature, offers are likely to reflect that. I hope you are okay. Again, any... View More

2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Q: What if our OAK FOREST Home Assoc is taking no action on neighbor parking over 25ft lL to 40ft fifth wheel in driveway?

OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57

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

You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial... View More

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1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: If I think I was harmed due to negligence what are the steps that I need to take to sue a plasma donating facility?

Thus just happened yesterday

James Clifton
PREMIUM
James Clifton
answered on Aug 31, 2024

First seek medical attention. Then, document your injuries and get a professional medical opinion to connect your injury to the facility's negligence.

Second, gather evidence, such as any relevant documents, witness statements, and photos.

Last, schedule a free consultation to...
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2 Answers | Asked in Personal Injury and Small Claims for Texas on
Q: Can I get a settlement if I was breathing in black mold for a hundred days when I was encarcerated in a facility in2021
John Michael Frick
John Michael Frick
answered on Aug 26, 2024

Most personal injury lawsuits are resolved by settlement. If you have a case on file, talk to your lawyer about the strength of your case for liability and the total amount of damages you sustained (most likely, out-of-pocket medical expenses based on your question). your lawyer can help you... View More

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1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Small Claims and Workers' Compensation for Texas on
Q: can I file law suit for bad faith, pain and suffering , malpractice against an insurance carrier , intentional neglect

The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

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