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Texas Small Claims Questions & Answers
1 Answer | Asked in Car Accidents and Small Claims for Texas on
Q: I am planning to sue the at-fault driver in small claims court for damages related to a leased car accident.

I need to file by March for statute of limitations reasons. But can I postpone the trial till May when I will be ending the lease? I will know the final charges from the leasing company only then. I am not able to get an official response from them and I need to know that amount for the trial.

John Michael Frick
John Michael Frick
answered on Jan 5, 2024

If you file in Feb, it is extremely unlikely that you will receive a trial setting in or before May. Civil cases filed in December were set for trial in June. I would expect that civil cases filed in Feb will have their first trial settings sometime Jul-Sep.

1 Answer | Asked in Real Estate Law, Probate and Small Claims for Texas on
Q: My dad passed away 12-26-22 Me and my sisters are co- executives now and my dad had will stating me and her 50/50

My question is I guess would be the ex girlfriend took everything out of house and vandalized his house they went as far as taking plug in the walls and cut and took wires and copper. They took ac unit and the central ac unit inside cleaned out the barn and garage. In the will it stated that she... View More

Nina Whitehurst
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answered on Jan 1, 2024

You have been wronged, for certain, and for most wrongs there is a remedy. The remedy in this case is the executors of your dad's estate can sue the girlfriend for theft and conversion. You can require her to either return the stolen items or pay the estate for the value of them. The... View More

2 Answers | Asked in Civil Litigation and Small Claims for Texas on
Q: The fence shared with neighbor fixed. Agreed to pay half then refused to pay in full. Need legal help

Do u provide small claims legal help

John Cucci Jr.
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answered on Dec 28, 2023

I hope you got the agreement for your neighbor to pay half in writing. If so, you should send them a letter demanding payment within 30 days. If they don't pay after that, you can sue them in small claims court. There is probably no other way to get paid.

You could try to file a...
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2 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Texas on
Q: Compensation-non-utilization of leased car,high emotional distress,unusual expenses due to 5 month repair of leased car

Adjuster is paying only for rental cars and $500 for emotional distress.We have 12000 unused miles on our lease which may not be utilized.We need the lease payments for this period to be reimbursed.We used Uber, food delivery only when we did not have a rental car.But the adjuster has refused to... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Yes, you can sue the at-fault driver. If the other driver is 100% at-fault, you can sue for the full amount of your compensatory damages including past and future pain and suffering and past and future mental anguish.

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1 Answer | Asked in Small Claims and Consumer Law for Texas on
Q: I sold item online. I shipped, has receipt, package lost, customer doesn't want to wait for claim but want to sue me

I shipped, has receipt, tracking updated I dropped off. On expected delivery date tracking said will delivery by 7pm but never delivered and no more update. Customer doesn't want to wait for me to claim with ups but want to sue me. Tricked me when call talk about issued took picture of me and... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

The answer to your question depends on the terms and conditions of the sale, the terms and conditions of the delivery service you used, and, if applicable, the terms and conditions of any platform you may have used to market and sell the product online.

For example, the US Postal Service...
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2 Answers | Asked in Personal Injury and Small Claims for Texas on
Q: Can I hold liable and sue the company of a security guard that robbed and assaulted me?

I was robbed, extorted, beaten up, and threatened by a security guard and his group at a night club and I'm looking to sue the company or agency that hired the security guard as well as negligence on behalf of another security guard that stood by and did nothing about the incident. I have... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

Given the small amount of damages, you should file a small claim in justice of peace court for the precinct where the assault happened. Our JP courts have jurisdiction of such small claims up to $20,000. You do not need an attorney to file such a claim. While their are attorneys who accept... View More

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1 Answer | Asked in Business Law, Contracts and Small Claims for Texas on
Q: My Dell computer package was stolen off of my porch, there were no witnesses.Dell won't help and I'm stuck owing $800?

I ordered a laptop from Dell and when it was supposedly delivered I opened the door and nothing was there I was told to file a claim with the police by Dell because it was assumed to be stolen. There was no real investigation to my knowledge and Dell marked the case as fraud. The laptop was $800... View More

Darryl "D" Shaper
Darryl "D" Shaper
answered on Nov 9, 2023

did you see if your credit card company has any protections for lost or stolen purchases? Some do.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Texas on
Q: my former roommate has admitted to owing me money for covering his portion of bills and now refuses to pay can i sue?

my former roommate got fired and fell behind on bills i agreed to cover it for him with the understanding he pays it back as soon as he can and he tried decently hard of it at first then he totaled his car a few months later and fell even more behind on bills i asked him on multiple occasions when... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

Yes you can sue but it appears he may not have any non-exempt assets to satisfy any judgment you may be awarded.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for Texas on
Q: Can i sue if their social media says the product gives no ___ & on the website it says reduced __?

Can i sue a company if they have on their social media pages saying that the product gives no ___ and then on the website and other places, it says reduced ___? On their posts and everything it says without the ____

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

A Texas attorney could advise best, but your question remains open for two weeks. It sounds like you're raising the issue of misrepresentation. In answering your question about suing, it's possible you could, but an issue that will arise is the extent of damages you may have suffered. Good luck

2 Answers | Asked in Family Law and Small Claims for Texas on
Q: Can I sue my ex for his retirement if he violated an agreement on it with me years ago.

I filed for divorce in 2012. It was finalized 1 1/2 years later in 2013. His lawyers and I had negotiated in writing that I would agree to give up my portion of his retirement in exchange for him not seeking child support for any of our kids living with him. When 2 of my kids moved back with me... View More

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

It would be unusual for a court to approve an agreed decree that provides giving up any rights to his retirement is expressly conditioned on him never seeking child support from you. Usually, the parties’ division of their marital estate is independent of any agreement involving child support... View More

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2 Answers | Asked in Small Claims and Gov & Administrative Law for Texas on
Q: On fm 812 1 mile east of Elroy Texas. The 2 bridges are sinking and there is 2 huge dips.

My truck has been damaged from them. And I drive 5 under. I took my truck to the shop and there is damage to the front steering ball joints and tie rods every day it gets worse. Can I make the state pay the $1800 to repair my truck?

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2023

A Texas attorney could advise best, but your question remains open for two weeks. It's unlikely on a contingency basis. You may get firms to handle it hourly. But that's only an individual opinion. The only way to find out is to reach out to law firms to ask. Good luck

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1 Answer | Asked in Small Claims, Employment Law and Contracts for Texas on
Q: Can an employer legally keep product that I paid for?

1099 sales person for Window World. Measured windows incorrectly by accident. The company makes me pay for the windows, they keep the windows, and they give the windows away to Habitat for Humanity for a tax break for themselves. There is not work agreement that explains this. The company claims... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

If you receive a 1099, you are not an employee but an independent contractor. As such, you control the manner, means, methods, and details of your work and set your own policies and procedures. Your relationship with any company that hires you is governed strictly by the terms of your contract... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Small Claims for Texas on
Q: Do I have a case in small claims court? Bought a puppy with AKC papers and breeder won't give them and is ignoring me

Breeder has been ignoring me for 8 months because I am asking for my dogs registration paperwork that she said he has. I paid $1500 for him under the assumption he had AKC papers and I have been lied to

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Yes, you have a valid small claims case. You should ask for either specific performance (i.e. give me the dog's registration papers) or the difference in value between an AKC registered dog (which most likely is the price you paid) and the value of an unregistered dog of the same breed (which... View More

3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2023

This question is not specific enough for a yes or no answer but I would offer that you could not have been married to the girlfriend while still married to the ex wife. (I would be interested to know if you received the property in your divorce from her?) So even if a court found common law... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Libel & Slander and Small Claims for Texas on
Q: Persons. Presented themselves as law enforcement officers to me. To obtain a dog for a police department

I have texts. Recordings. Pictures. These men are not law enforcement officers. They are now. Threwtening to shoot me. Sheriff offfice will do nothing

John Michael Frick
John Michael Frick
answered on Aug 21, 2023

If you sold a dog to individuals under the mistaken belief that they are law enforcement officers, a question arises as to whether you sustained any damages. You would need to present evidence of some difference in the price that you sold the dog for compared to the price that you would have been... View More

2 Answers | Asked in Small Claims, Landlord - Tenant and Probate for Texas on
Q: Not sure what type of law my case falls into.

my uncle served me with an eviction notice to move out my grandmothers house who passed away 3 years ago. Im not sure what documents he has because he is a half uncle that has never had any ties to my grandparents nor the house. my mom and aunt were the only two that my grandmother passed the house... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2023

It squarely falls within eviction law from your perspective. You definitely need your mom and aunt to appear in court to show they inherited the house from your grandparents and to state you have permission to live there. Your grandmother’s probate record ought to clearly establish who... View More

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1 Answer | Asked in Civil Rights, Domestic Violence, Municipal Law and Small Claims for Texas on
Q: Is it illegal for my girl to have our car towed for no reason other than to anger me?

We are joint owners of the car no "and/or" on the title. Just has her name and my name. She has had a gps tracker put on it, and whenever she thinks I am somewhere I shouldn't be, she will have the car towed. What can I do, if anything.

Thanks in andvance

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

You can file a suit for partition by sale. You can then use your share of any proceeds to buy a different car and not put her name on it.

1 Answer | Asked in Real Estate Law, Communications Law, Construction Law and Small Claims for Texas on
Q: If I bought a house with foundation issues, but were told those issues were corrected and they weren’t. what can I do

I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2023

Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof.

See a good...
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1 Answer | Asked in Civil Litigation, Small Claims and Employment Law for Texas on
Q: I lived and worked in the same home as a caregiver. I was there almost 2 years. I made $500 a month and given a room

And board. I caught my boss physically abusing grand daughters. I confronted him he told me to get out. I did turn him in to police and CPS was notified. Was kicked out without last pay immediately. Now I'm homeless. Do I have recourse?5

John Michael Frick
John Michael Frick
answered on Jul 28, 2023

Yes, you can file a wage claim with the Texas Workforce Commission for your unpaid wages. You may also be able to file a claim for unemployment compensation depending on the terms and circumstances of your employment. If, for some reason, you did not receive a Form W-2 or Form 1099 from your... View More

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: I believe an HVAC company improperly installed the unit. Won’t try to resolve it or return my messages. Can I sue?

We have gone 2 summers without proper AC even though it’s a brand new unit. I told him right away there has to be a leak and obviously he never checked it. He just kept putting more Freon. Now, this summer, he won’t return my messages and even blocked my number. I hired another company and they... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2023

Assuming the cost of repair was $20,000 or less, you probably have a decent case for small claims court.

You might also wish to contact the manufacturer of the unit regarding your 10-year warranty. Manufacturers generally take a dim view of authorized dealers who refuse to provide...
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