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Texas Small Claims Questions & Answers
2 Answers | Asked in Criminal Law, Municipal Law and Small Claims for Texas on
Q: What kind of crime is it when someone fails to deliver the agreed paid goods and are holding them hostage?

The question above is relating to two people, one is the seller withholding information and the items purchased and the other is the buyer being lied to and cohearce into helping the seller to pay for their bills and will not deliver the paid goods unless paid otherwise. Is this extorsion, can you... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on May 23, 2022

If goods are paid for and not delivered it is theft. Make a police report.

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0 Answers | Asked in Civil Litigation and Small Claims for Texas on
Q: In small claims court does the statute of limitations begin with the issuance of money, or with initial failure to pay?

I want to file a small claims case against an ex-girlfriend, who I gave lots of money to help pay for her first few years of college. I first gave her money in 2016. The agreement was that she would pay me back after graduation when she had a job (and the income) to, but shortly after the breakup... Read more »

0 Answers | Asked in Appeals / Appellate Law and Small Claims for Texas on
Q: I was the dif in a civil case during trial the plaintiff submitted a false document can I file a motion for new trial

He said it was a police report but I just recieved it and it is not. The paper he submitted was a big part in why he won. I didn't have proof at the time of the trial. If she denies the motion can I appeal the decision?

0 Answers | Asked in Consumer Law, Personal Injury and Small Claims for Texas on
Q: what kind of an attorney would i need? And what category would it be under would it be consumer or personal injury?

So I purchased a car from individual on craiglist. I read craigslist "warnings & what scams look like page". I did a vincheck online, I met in a public(my chase bank), I made sure match title 2 vin. We made transaction directly in front of my bank(there was an outside surveillance... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Texas on
Q: I purchased a car and after the fact find out that the car had been wrecked airbags deployed/masked* odometer tampered!

The person who purchased the car from an auction kept it for a year then sold it to a 25 year old kid which kept it for a year and then sold it to the person that I bought it from which had no clue the car had even been damaged. what could the person who is responsible for all of us wasting our... Read more »

John Cucci Jr.
John Cucci Jr. answered on Apr 19, 2022

Wow!

That is quite a story. Sorry to hear about it.

So there is so many actors in this mess that I can not imagine any prosecutor would bother with a prosecution. The one exception would be if this is part of a bigger scam by someone and this is just one example of that larger scam....
Read more »

1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for Texas on
Q: I bought a car and have proof they have received all the money owed. The person who sold me the car had a lien on the

Title. The car was repossessed after I fired their son and I guess they stopped making payments then. The Lien holder gave me the car with my name as the customer without any payment due and I have a paper with all information saying so. Would the car then be mine?

The first part of the... Read more »

Leroy Scott
Leroy Scott answered on Apr 3, 2022

If you only paid the lienholder, but not the actual seller, then the vehicle would still belong to the seller. The lienholder can only release its lien; it cannot give you title to the vehicle (unless the lienholder had repoed the vehicle).

If you only paid the seller, but not the...
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1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Small Claims for Texas on
Q: I am in the middle of a negotiation and need help

I am a truck driver. In one of my deliveries, my trailer was damaged by one of the employees of the warehouse. They have accepted responsibility but have neglected my claim for the diminished value of mu trailer. I was going to sell it for 70k but now due to the accident the value of the trailer... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 16, 2022

A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for the damages to your trailer. You have a number of options. The first would be the cheapest, which is trying to continue negotiations. At this point, you may have already resolved the matter. But if... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Collections and Small Claims for Texas on
Q: There is a guy who has been booking massages around San Antonio and Austin, then running out without paying.

What can we charge him with? And what evidence would be needed?

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 12, 2022

You can charge him with theft of services. If you know who he is charge him prior to getting his massage,

1 Answer | Asked in Civil Rights, Domestic Violence and Small Claims for Texas on
Q: My ex has been destructive and abusive but I have no “proof” in Texas. What can I do legally to hold her accountable

I’ve lost thousands of dollars in property because in Texas “she’s allowed to break my things.” Including a laptop that I used for school and to support my livelihood through a small business. I’ve been displaced without a home or job, forced to abandon my car and property and fly to the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 1, 2022

If you are not married then your stuff I not legally her stuff too, and therefore she commits the offense of Criminal Mischief if she decides to break it without your consent. That said, law enforcement isn't usually going to make an arrest in a situation like that unless (1) it is reported... Read more »

1 Answer | Asked in Criminal Law, Collections, Domestic Violence and Small Claims for Texas on
Q: I have some personal property voluntarily held at a friend's house whom is now suddenly claiming it as his own to sell

It's a very large slab of wood worth over 1000 in it's raw form. It is really heavy so I have to get help to move it (31, F) There have been several times when he could have stated his sudden belief of ownership, but even the day it came into question he tried to hide what he was doing... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

Don't go trespassing, and especially not during the nighttime with the intent to recover property that he thinks belongs to him. If he has a decent attorney, he would probably get away with shooting you dead under those circumstances.

Frankly, this sounds like a matter for civil...
Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: I was awarded a judgement in small claims court, but I have no idea where to start on the collections process.

Both parties live in Texas, I know where she works, and lives, but I have it on good authority she will be moving sometime this year (2022). She doesn't have many (probably any) assets, rents the house she and her family live in (she's engaged, but not legally married, they have 1 kid... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 13, 2022

Most of the small claims courts and local courts have pamphlets which generally discuss ways to collect a judgment and what to file. That said, depending the amount of the judgment, you might best be served to contact a collection attorney and at a minimum seek a consultation on how to proceed and... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for Texas on
Q: Not sure what to do. getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt.

Hello im getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt. I was wondering if i could settle the debt before going to court and if so how to go abour that. Ive never been sued so i have no idea what to even do or who to contact. My citation papers were served on... Read more »

Leslie Ann Werner
Leslie Ann Werner answered on Jan 8, 2022

It's extremely important for you to file an answer in a case like this, so they do not get a default judgment against you. For this amount of money, it's probably not cost-effective to hire an attorney, but if it was for a larger amount, definitely seek counsel.

And to...
Read more »

1 Answer | Asked in Small Claims for Texas on
Q: I was scammed 2100 dollars. what are the steps I should take to get it back?
Tim Akpinar
Tim Akpinar answered on Oct 27, 2021

A Texas attorney could advise best, but your question remains open for four weeks. Answering your question could depend on the nature of the scam. If it was by a private individual, you could gather your proof and pursue the matter in small claims. If it was something involving a business,... Read more »

1 Answer | Asked in Products Liability and Small Claims for Texas on
Q: Who do i message about the Johnson and Johnson conditioner and shampoo. If i want to sue for significant hair loss.
Tim Akpinar
Tim Akpinar answered on Oct 1, 2021

A Texas attorney could advise best, but your post remains open for two weeks. You could go online to find out whether there are current and pending actions involving the product(s), and whether law firms are accepting clients. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: Do I send newLetter w another 30 dayDeadline to total 60day altogether orSend newLetter w 60day deadline to total 90day?

A business violated theDeceptiveTradePracticesAct & false advertised. They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice. I was given runAround & excusesSo I contacted corporate about it and... Read more »

Leroy Scott
Leroy Scott answered on Sep 10, 2021

Two wrong letters won't make it right. Send a new letter giving 60 days, unless doing so will cause the statute of limitation to run, in which case, you do not need to give notice.

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: HowDoIFix/proceedAfterGivingIncorrect deadlineOf30day inDemandLetter whichShouldOf stated60day soICanFileLawsuitInCourt?

A business violated theDeceptiveTradePracticesAct & false advertised.  They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice.  I was given runAround & excusesSo I contacted corporate about it... Read more »

Leroy Scott
Leroy Scott answered on Sep 10, 2021

You can send a new letter, unless doing so would cause you to miss the 2 years statute of limitation, in which case, you can file the lawsuit with giving notice.

1 Answer | Asked in Civil Litigation and Small Claims for Texas on
Q: My roommate is threatening to sue me for rental assistance that she secretly applied for and paid someone else to do

She applied the apartment we share for the apartment Texas rental relief which is for households only and is demanding that I pay her back the funds that were automatically applied for 2 months of rent with a government check for over $4,000 that she paid someone to put through the application to... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 16, 2021

I don't understand your question. Your roommate paid someone else to apply for rental assistance, apparently received it, and is threatening to sue you for it? If your agreement with your roommate is to pay 1/2 of the rent, do that.

1 Answer | Asked in Civil Litigation, Identity Theft, Small Claims and Collections for Texas on
Q: Small court debt claim. There’s a lawyer on record for plaintiff but another attorney contacted me. What to do?

The plaintiff (a collection agency) has a retained attorney on record the one who filed the lawsuit, but another attorney claiming to be from the same law firm sent me an email trying to settle outside court. Should I correspond with him considering he’s not the attorney on file? Can he do that?... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 4, 2021

A Texas attorney could advise best, as collection practices can involve state law. However you await a response for two weeks. As a starting point, you could reach out to the first attorney to ascertain what is going on in terms of being contacted by more than one attorney. You ask how to proceed... Read more »

1 Answer | Asked in Small Claims for Texas on
Q: My sister gave me some paper work from Investors syndicate life insurance and annuitycompany. Its life insurance for me.

My parents opened up when i was a baby. How do i go about finding out about this policy?

Tim Akpinar
Tim Akpinar answered on Jul 24, 2021

A Texas attorney could advise best, but your post remains open for a week. One option could be to look for information about the policy in the paperwork you were given - policy number and other specifics. You could also reach out to Syndicate Life to ask about the policy. Have the paperwork handy... Read more »

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