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Texas Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims and Contracts for Texas on
Q: I took 2 days off work which cost me about $1000 to get my house painted, the contractor didn't show up, can I sue lost

Lost wages, two days off work will have to take 3rd with the new painter, could have made 1500+

Tammy L. Wincott
Tammy L. Wincott
answered on Aug 24, 2018

It will depend on your contract; however, most likely not.

1 Answer | Asked in Criminal Law and Small Claims for Texas on
Q: Ex roommate assaulted me.Refuses to give me my debit card and purse

Ex roommate threatened to kill me , one of my friends and himself. He has a gun. Im afraid to go by myself to try and retrieve my property.I live in Austin TX. Ex roommate assaulted me(he has a history of assaulting women roommates). Police were called, and I was taken to hospital. When I was... View More

Grant St Julian III
Grant St Julian III
answered on Jul 2, 2018

Contact the DA and apply for a protective order. At the hearing, make the request for the return of your property. Who is the owner of the property where you live?

1 Answer | Asked in Contracts, Traffic Tickets, Collections and Small Claims for Texas on
Q: She had it for 4 months never made a car payment so I ask for it back now I have toll bill that she refuses to pay.

Co worker needed a car, I let her test drive the car and when she agreed to buy it. I told her make monthly payments as much as you can since I was selling it for $2,000. She was going through a hard time. Now that I don't work with her she been ignoring my calls, text and when I go in person.... View More

Grant St Julian III
Grant St Julian III
answered on Jun 7, 2018

If the car is registered to you, you are responsible to the tolls incurred. Did you sell the car or not? Did you execute any documentation regarding the sale? If you have a Bill of Sale, or a contract that proves the date you sold the car, you can show the contract to the North Texas Toll... View More

1 Answer | Asked in Small Claims, Estate Planning and Probate for Texas on
Q: Hi my daughter passed away in 2014 leaving a structured settlement I'm her mother I'm not married to her father

The father is on death certificate not birth he was in jail in and out of jail the whole time while she was alive what do I do next Allstate wants me to cash out but in the state if Texas I heard since we are not married he gets half of her estate

Simone R. Bray
Simone R. Bray
answered on May 21, 2018

If your daughter died leaving no children and no spouse, then you are right, the parents take the entire estate (half and half).

1 Answer | Asked in Divorce and Small Claims for Texas on
Q: My spouse filed an uncontested divorce. I have 7 days to respond to that. What forma do i need to use,?

Also he bought furniture on my name that is not paid off. How can i get him to pay it off completely?

Fiza Syed
Fiza Syed
answered on Apr 4, 2018

texaslawhelp.org

Answer is the name of the form. You can go to your local law library and they will help you file it.

1 Answer | Asked in Small Claims and Criminal Law for Texas on
Q: What do you do when someone says they left and item at your house & they did not?

Ex friend, homeless. Was allowed use of spare closet. He & I had a fallen out. He finally showed up to get his belongings. He sat outside & went through it, he began to say this was missing, that was missing. I, again told him all of his belongings are there. He finally text me & said I... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 5, 2018

You could reply asking him to "cease all communications that harass, annoy, alarm, abuse, torment, embarrass, or offend" you. Then, if he keeps doing it, you could report the crime of Harassment.

If he keeps doing it for multiple days, you could seek a Protective Order based on...
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1 Answer | Asked in Employment Law, Workers' Compensation, Medical Malpractice and Small Claims for Texas on
Q: Can I do something about all this things that are going on with this doctor? not all details were included.

My employer is a specialist that performs oral surgeries. Her assistants are phlebotomist and not surgical assistants nor dental assistants, but they are next to her doing surgery with very minimal to no training. She has them taking x-rays without a license. She also leaves out of town and the... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Mar 29, 2018

These are potential violations of the law which need to be addressed by the appropriate agencies like the state medical board, health department, OSHA, or district attorney's office. These violations do not fall under workers' comp which deals primarily with injured workers.

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: I had my slab foundation repaired in Nov. 2010. I am having problems again. I have guarantee on their work.

I had them come in Dec.2017 and had them evaluate the damages. They gave me a bill of about $5,600. My original cost was about $17,500. I told them I thought the job was guaranteed? He said yes but this is a new area that needs works. ( The Center of the home. I trusted their workmanship. What are... View More

Roy Lee Warren
Roy Lee Warren
answered on Apr 9, 2018

I am sorry for your troubles. You may have to hire an expert to give an opinion whether the additional work is a "new area" or from the same area where work was done before. That is the only way you will know for sure. Also look to the contract to make sure hat is covered. Good luck to you.

1 Answer | Asked in Small Claims for Texas on
Q: Cable bill that has not been paid. Person agrees to pay verbally and through messages. Am I able to file small claims?

The cable bill was placed under my name. It’s been almost two years. Collections has filed on my credit report. The amount is $788, including equipment. She has stated she is going to pay but has made no effort to do so.

Peter N. Munsing
Peter N. Munsing
answered on May 4, 2018

suggest you send her a letter suggesting that as you haven't heard, it's two years, you are going to have to terminate service under your name. She will be free to pick it up herself.

Make sure you download and save all of her texts.

File a complaint in small claims and...
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1 Answer | Asked in Criminal Law, Family Law, Elder Law, Landlord - Tenant and Small Claims for Texas on
Q: What can we do to retrieve belongings stored at a relative's home who now refuses our visits?

My husband has always had an excellent relationship with his mother. She's now 90 and we believe she's being influenced by others as she's mentally declining. She has always wanted us to visit often and even dedicated an entire wing in her home for us when we visit. She's... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 5, 2018

If there is a competency issue, consult a Family Law attorney that practices law in the county where the grandmother lives.

Otherwise, if you just want to sue to get your stuff, consult an attorney that practices law in the county where grandma lives to find out if a lawsuit is...
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1 Answer | Asked in Criminal Law and Small Claims for Texas on
Q: My x gf used my credit cards and charged them up with the intent not to pay them

At the time he had asked me to help her establish credit so I added her on 2 of my cards , after we broke up on the 2nd day I notice those cards were maxed out , so I called and removed her from them . I have not spoken to her in the past to weeks , wanting advice on what to do , there s also some... View More

Grant St Julian III
Grant St Julian III
answered on Mar 3, 2018

If your ex-girlfriend had your authorization to use our credit cards, then no criminal offense has occurred. You may file a civil suit against her, but I assume she does not have any money so filing such a claim would be fruitless. Good luck.

1 Answer | Asked in Small Claims, Criminal Law and Juvenile Law for Texas on
Q: Under TX laws what are, usually, the legal consequences for a 12 year old who slapped a classmate’s face?

My 12 year old slapped a classmate’s face which ended up breaking the classmate’s eyeglasses. The glasses also caused a scratch on the face of the classmate. The parents of the child are considering filing a police report.

What are usually the legal implications involved in a case of... View More

Grant St Julian III
Grant St Julian III
answered on Feb 20, 2018

Sounds like an assault was committed, and any charges arising from such an act by a 12 year old would be filed in the Juvenile Court. If charges were filed, you and the child will be given notice to appear in court. Detention is possible, so you should probably sit down with a local attorney... View More

2 Answers | Asked in Criminal Law, Products Liability, Gaming and Small Claims for Texas on
Q: I have a guy my PlayStation 4 to fix a couple of months ago. It's been two months can I call the authorities

He says he has it but he keeps blowing me off with lame excuses.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 5, 2018

This is probably not an issue of criminal law. If you released the item to him voluntarily it is not a crime ... unless there is some reason to question the effectiveness of your consent. For example if he tricked you in the first place and never had any intention of fixing it, then it could be... View More

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1 Answer | Asked in Criminal Law and Small Claims for Texas on
Q: How do I get my belongings from an ex girlfriend I lived with?

Exgirlfriend refuses to return my personal belongings. Recently discovered that she is trying to sell my guns as well. Had the police stand by because she does get violent but there was nothing they could do since she would not open the door. They recommended the constable but without a court order... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2018

You might try finding a Justice of the Peace precinct map for your county and figuring out which precinct she lives in. Then visit the JP court and ask them for instructions on filing a small-claims case. Sometimes the court staff can even provide printed instructions.

1 Answer | Asked in Contracts, Small Claims, Criminal Law and Collections for Texas on
Q: In a 10 day demand letter to get my vehicle back, do I have to list the option for defendant to pay full market value

Loaned my truck (reg/insured) to a friend in Oct 2017. She moved in Nov. Dec 26 2017 asked vehicle be returned within 4 days. Has ignored phone calls/ texts demanding my Truck back. This morning I called sheriffs dept. Deputy dispatched to me. I gave exact location of my truck (A bar). Only... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 16, 2018

It sounds like law enforcement's position is that since, back in October, your friend had your EFFECTIVE CONSENT to possess the property (truck) then it doesn't become theft when you later withdraw your consent. By mentioning the demand letter, it seems like they are saying that this is... View More

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Personal Injury for Texas on
Q: How do I know if a Settlement Agreement is a legitimate?

The first two pages is the cover sheet with no numbers on it and the other two pages is the settlement agreement with page number 3/4 and 4/4 could I be missing some pages?

Peter N. Munsing
Peter N. Munsing
answered on Dec 9, 2017

If you have a lawyer you need to talk to them.

As to the agreement 3/4 and 4/4 indicates that with the cover sheet included there were 4 pages total. You could be missing a page.

1 Answer | Asked in Small Claims and Personal Injury for Texas on
Q: can i take legal action against a place of business where employees on a team outing bullied me?

good morning... three people were out on a company outing, drinking heavily, and texting me harassing things. i have panic attacks all the time, and they're triggered by one of these individuals specifically (he is also my husband). i asked for them to stop bullying me and it kept going. we... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 9, 2017

Unlikely as I believe I explained on a different post, but contact a member of the Texas Trial Lawyers Assn who handles employment matters--they give consults.I believe I suggested you talk to a counselor at a womens shelter to figure out what your options are as it sounds like an... View More

1 Answer | Asked in Car Accidents, Consumer Law and Small Claims for Texas on
Q: My vehicle was broken into and they stole the fog lights tires and wheels off of my truck while left at a dodge dealer

The dealer says they are not responsible but I feel that they should be responsible since they had possession of my vehicle

Steven Pate Harrelson
Steven Pate Harrelson
answered on Dec 5, 2017

Bailment law in Texas still requires you to show that the dealer was somehow negligent. That means that something they did breached their duty to you as a customer that led to the theft. It may be that they left your car parked in an area that was not secure, it may be that they knew or... View More

1 Answer | Asked in Civil Litigation and Small Claims for Texas on
Q: I won a small claims case back in 2011 for $4,000. Never got my money. Is there a statue of limitations?
Jack Ternan
Jack Ternan
answered on Nov 17, 2017

Texas judgments normally last 10 years and can be renewed.

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Small Claims for Texas on
Q: Is there any was I can reopen my case they keep on telling me no but I know there's always something a lawyer can do to

Reopen my case

Roy Lee Warren
Roy Lee Warren
answered on Sep 8, 2017

I believe you are correct, a lawyer probably can figure out a way to reopen, particularly if you have it class correctly. WC cases in Texas are not supposed to be closed because they have life-time medical for the injury.

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