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Texas Small Claims Questions & Answers
3 Answers | Asked in Personal Injury, Products Liability and Small Claims for Texas on
Q: What’s an appropriate settlement amount for food poisoning ?

Diagnosed with food poisoning by hospital, out of work for a week. Had proof of the that it was the restaurant’s responsibility. I want to be fairly compensated but I also wasn’t to be fair to the company as well.

John Michael Frick
John Michael Frick
answered on Jul 17, 2024

One week's lost wages plus whatever you paid for medical treatment for the food poisoning.

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1 Answer | Asked in Small Claims for Texas on
Q: FYI - JUL 18 DEADLINE -Answer debt claim Citation. If we answer w/o lawyer by JUL 18, can we be rep by attorney later

JUL 4 - Citation - Small Claims/Debt Claim was posted on front door from Bexar Co Justice Court - "You have been sued." Trying to write the Answer letter to say we do not agree with the lawsuit. If I answer the citation without an attorney, can I later be represented by an attorney if... View More

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

As long as the claim is against you as an individual, yes you can hire an attorney later.

Business entities like corporations and LLCs can only appear in court proceedings via a licensed attorney. Even an owner or manager cannot represent a corporation or LLC in a court of law unless that...
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1 Answer | Asked in Family Law, Real Estate Law, Small Claims and Landlord - Tenant for Texas on
Q: Me & my ex partner separated shortly after buying a home together we only lived together in the house for a month.

She refuses to vacate the property, list for sale, and remove herself from the deed. I called the bank to remove my bank information for the monthly payments but they stated it had be authorized by both which she is not cooperating. I had a lawyer I was working with but he has been stating for the... View More

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

When two or more persons own a home together, each owner has the right to occupy the home absent a written agreement to the contrary signed by all of the owners. An owner can only sell that owner's interest and it requires all of the owners cooperating together to sell the entire interest in... View More

1 Answer | Asked in Small Claims for Texas on
Q: TX Time-Barred Debts - Can a debt recovery service purchase a debt and file suit past limitations period?

I recently discovered that I was sued by a credit card company after a financial institution froze some of my assets. I had no knowledge of the suit and was never notified or served. The court documents show that the case was dismissed or non-suited by the plaintiff in 2017. However, a well-known... View More

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

If the lawsuit was just filed in June 2024, you should hire an attorney to investigate the pleadings and status of the new JP case. If no judgment has been entered, there may still be time to file an answer and challenge the lawsuit. If a judgment has been entered, there may still be time to file... View More

1 Answer | Asked in Small Claims for Texas on
Q: Can I sue the company Jostens, inc? I paid for my son’s class ring in full 5/2023. I’ve been calling over a year.
John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Yes. You can file a small claims lawsuit in the JP court seeking a refund of what you paid them.

0 Answers | Asked in Small Claims and Real Estate Law for Texas on
Q: Undisclosed foundation repairs when purchasing home led to costly repairs

We bought a home in Dallas in 2020 and found out that foundation work was done by the previous owner that was never disclosed to us. We only found this out because we've been experiencing issues due to the increase in Texas thunderstorms over the past few months. This has led to costly repairs... View More

1 Answer | Asked in Small Claims, Child Support and Family Law for Texas on
Q: can i sue for money paid in past under enforcement of court order in civil family court?

I am wanting to sue my ex for amount I have paid over the past year for medical child support because he never followed the court order and submitted the proof that he was paying what he said for insurance. the attorney general says it's out of there hands now because the support has ended and... View More

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

I do not believe you can sue to recoup amounts you paid for medical support that you were ordered to pay by court order. At best you can sue to enforce the court order against your ex requiring him to submit the proof he was paying what he said for insurance as long as you are still within time... View More

1 Answer | Asked in Small Claims for Texas on
Q: What amount of time do I have to appeal a debt case after receiving a judgment? (I was present for the court date)

Judge I. Garcia denied my request for full validation.

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

In a JP case, you have 21 days from the date the judgment was signed. See TRCP 506

1 Answer | Asked in Small Claims for Texas on
Q: In texas small claims court, how to file a change in defendant's name that was entered with a typo

I have just filed the petition, The defendants have been served yet.

John Michael Frick
John Michael Frick
answered on May 29, 2024

You can file an amended petition correcting the defendant's name. You will need to reissue citation and serve any defendant who has not yet answered.

1 Answer | Asked in Small Claims, Car Accidents and Personal Injury for Texas on
Q: Can a lawyer change the settlement amounts based on the policy holder requesting an even split amongst passengers?

Three passengers injured in car accident. Insurance pays the 60k limit. Policyholder now upset that the other passengers are getting a bigger settlement based on their injuries. So policyholder now requests an even split amongst passengers no matter the extent of their injuries or medical... View More

Tim Akpinar
Tim Akpinar
answered on May 28, 2024

A Texas attorney could advise best, but your question remains open for two weeks. If the other passengers sustained more serious injuries, they're supposed to receive larger awards. That's what bodily injury awards are based on - severity of injuries. They also depend on liability, but... 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 Criminal Law, Civil Litigation, Small Claims and Landlord - Tenant for Texas on
Q: Is this Blackmail/Extortion? Or do I need to pay?

When I moved in with my ex, she paid the first months rent and security deposit. We broke up and she moved out before our lease term was finished, and she was removed from the lease. It is now my current Fiance and I who are on the lease, but my Ex just contacted me saying that if I don’t pay her... View More

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

Normally, when a tenant leaves with the consent of the landlord, the tenant is entitled to a refund of her security deposit, along with a statement and list of any itemized deductions, within thirty days of surrendering possession of the premises. Since she was removed from the lease and replaced... View More

2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

Sean Goodwin
Sean Goodwin
answered on Apr 30, 2024

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

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1 Answer | Asked in Small Claims for Texas on
Q: I have a property damage case how do I prove somone was there if they deny it?
John Michael Frick
John Michael Frick
answered on Apr 29, 2024

You can call witnesses who saw the person, authenticate and offer a photograph or other video, or establish the presence of the person with forensic evidence like fingerprints or DNA.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: Should I file a motion to deny the continuance request filed by the Debt collector suing me due to false information?

Court is set for May 10 at the Justice of Peace precinct in my county. The copy of the continuance request I received states it is due to them not receiving an answer to the summons and wanting to prepare paperwork for a default judgement instead. They requested it be set back 60 days but I did... View More

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

You should file a Response to the Motion for Continuance stating that you did properly file your answer with the justice of the peace court and attach a file-marked copy of your answer as an exhibit to your Response. Unless there are other factors at play, I would state that you are ready to... View More

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 Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

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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3 Answers | Asked in Civil Rights and Small Claims for Texas on
Q: How can I find out someones address to file civil court case in my county

I loaned someone a large sum of money they owe remaining $1,500. I have a copy of their driver license but they no longer live there how can I find out their current address to sue them thru small claims court

James L. Arrasmith
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answered on Mar 7, 2024

To file a small claims court case, you generally need to provide the defendant's current address for proper service of the court summons and complaint. Here are some methods you can try to find their current address:

1. Contact mutual friends, family, or acquaintances who might know...
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