Get free answers to your Small Claims legal questions from lawyers in your area.
i just need clarification with something, a friend lent someone his property and they failed to return it. He has asked multiple times if they can return it and recently they've started to ignore his requests. Can he file a civil lawsuit to get his property back? He has screenshots of the... View More 
answered on Jun 22, 2023
Yes, you can sue the person that you wrongly sent the Zelle payment to to get it back. At common law, this type of action was called "assumpsit." Now, it is clumsily called "money had and received."
and the client was not aware that the court had to approve an attorney's leave?
answered on Jun 21, 2023
A case proceeds whether an attorney’s withdrawal is granted or not. In most instances, the court will not grant a request for withdrawal that will cause a delay.
An attorney must take reasonable steps to avoid prejudicing his client upon withdrawal. What that entails depends upon the... View More
Stowers someone for over policy limits
answered on Jun 10, 2023
An email can be effectively used to transmit a Stowers demand to an opposing party’s insurance company.
The benefit of certified mail is you have clear documentation of delivery.
But you can also request a delivery or read receipt to an email. And often, the recipient will send... View More
My ex sold my truck while I was incarcerated and forged my name on the title to do so. She is judgement proof so taking this to small claims would be pointless. What legal action can I take to collect the debt owed to me?
answered on May 28, 2023
Judgments can be good for 20 years and you earn a good rate of interest on them. You should go to small claims to get a judgment against her for "conversion" of your personal property to her private use (selling for money). This is a wrongful interference with your ownership rights.... View More
I recently started seeing a therapist who does not take my insurance. I opted to pay out of pocket because his company website advertised that he was a certified specialist regarding a specific issue I am facing. However, not only did I discover that he was not a certified specialist, but also that... View More
answered on May 24, 2023
You can always ask for a refund. You may be able to successfully sue the therapist in JP court for the $500. But it's only $500.
If it was me, I would write a letter requesting a refund. I would enclose a copy of a screenshot from the therapist's website where in advertises... View More
maximum amount of economic damages I can sue for? In my demand letter can I ask for double the cost of the truck back or in my suit if it goes to court? I am prepared to send my demand letter today, I am just unsure of all the damages I can ask to recover. I am doing this without an attorney so I... View More
answered on May 5, 2023
You can ask for whatever amount you like. Awards of damages for mental anguish vary depending upon the facts and circumstances presented by the evidence to the jury.
A decent rule of thumb for settlement purposes is no more than 1.5x the amount of your medical expenses for whatever bodily... View More
The next morning I went back to the dealership and was told their mechanics did diagnostics plus the sale was as is. The issues I am having are clear signs that the vehicle has been flooded so I took the truck to a licensed mechanic who confirmed in fact the truck has been flooded. The dealership... View More
answered on Apr 30, 2023
I suspect you are confusing an “assumed name” with a “sole proprietorship.”
I would check the Texas Secretary of State’s records for Roalty 1 to see who the general partner is.
If, after doing your due diligence, you cannot tell, sue the dealership in the name it is using,... View More
My car was at the repair shop due to an accident from an insurance claim. While there the fence was cut and my car along with three others had their tires stolen. I am being told to contact my insurance and file a claim so that the repair shop can pay the deductible. I do not understand why my... View More
answered on Apr 25, 2023
Most vehicle owners maintain a type of coverage called comprehensive coverage to insure their vehicle against things like theft and vandalism.
This is particularly useful when the perpetrators of theft or vandalism are unknown.
Since a repair shop or parking garage or shopping... View More
Walmart said I hit the employee showed on camera that I did not hit still charged me with a felony for robbery for under $25 worth of items I got it dropped to a misdemeanor theft of a person may I sue them for wrongful charges and for loss of wages and loss of home
answered on Apr 16, 2023
No .you can't sue them for the district attorney office over charging you
In this case other party ran a red light resulting in collision accident, but claim was denied by at fault driver insurer in that there was no witness at the scene- but never deny the fact that the other driver ran a red light!
other party claimed couldn't speak English and Police... View More
answered on Apr 15, 2023
Texas does not allow a direct action against another driver’s insurance company. Sue the other driver directly. The other driver can then demand that his insurance company defend him and indemnify him from any judgment.
Our JP courts have jurisdiction up to $20,000. If the damage to... View More
I am 72 yrs old single mom of special needs son and social security is our only income
answered on Apr 12, 2023
No. Your social security payments are exempt from garnishment by a credit card creditor.
I had got a Letter saying that someone hacked there there system all took all my personal information an my social id address account everything not just me thousands of people an on top of that it's been going on for 3months before they let me know what can I do about that an another thing I... View More
answered on Apr 11, 2023
It doesn’t sound to me like you have any damages from the privacy breach. If TitleMax has any account numbers or passwords, they notified you so you can promptly change them.
Yes, you still have to repay the loan. Title loan companies are “lenders of last resort” meaning that the... View More
Ex lives on the opposite side of the country and is spiteful and won’t endorse a claims check made out in both our names cause they were on the car title as well unbeknownst to me. The check was sent to me but in both names and car insurance won’t change it. It’s my vehicle that I made all... View More
answered on Apr 3, 2023
Most divorce decrees contain a provision requiring each of the divorcing spouses to execute necessary instruments to effect the property division contained in the divorce decree.
You may be able to secure an order from your divorce court compelling your ex to endorse the check.
We are a small business that rents ($700-$8,000) instruments nation wide. We have delinquent accounts that we have not been able to recover the money or the instrument. I would like to sight a legal statute in our delinquency letters. I would also like to be able to use legal recourse when I can.
answered on Mar 30, 2023
While I know of no law that specifically covers “interstate” theft of service, section 31.02 of the Texas Penal Code clearly covers your situation.
It is fairly complex when it comes to a person not returning rented items. There are somewhat different provisions if it was a... View More
I was driving my father's vehicle and went with my girlfriend and her son and my daughter to play baseball, and we all left our gloves and a few other items in the vehicle when done. My younger brother borrowed the vehicle afterwards, and he and I have a problem getting along due to his... View More
answered on Mar 15, 2023
Replacing a few ball gloves likely only costs a couple hundred dollars. An hour-long consultation with a lawyer costs that.
I can’t think of any reasonably viable solution that would cost less.
And financing $3000 on my premium policy
answered on Mar 9, 2023
I suspect police will tell you this is a civil matter. Because such a small amount of money is involved, a civil claim for this amount falls within the jurisdiction of Texas justice of the peace courts. Such courts handle “small claims” where the amount in controversy is less than $20,000.... View More
I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... View More
answered on Mar 3, 2023
Anybody with a couple hundred bucks, or whatever the court filing fee is, can sue anybody else. The key question is whether they can get a judgment, i.e., win.
If you can show a court that your first default occurred more than four years ago, and was not subsequently cured by catching up... View More
So I paid 500 for the class eye lash class my instructor told me she hires her students she help me get clients that did not happen , so I paid her 525 for deposit and 525 for rent she did not help me get clients she did not help me start my business, she new I took money from my life savings, I... View More
answered on Feb 28, 2023
You probably cannot sue in this situation. Chalk this one up to not having done your own research. As I am sure you’ve now learned, the information is readily available to anyone who does ten minute’s research.
Now that you have completed the certification, apply for the license and... View More
My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... View More
answered on Feb 24, 2023
The driver who slammed into your Lyft is likely ultimately responsible under the facts you describe.
As the provider of a computer app, Lyft is unlikely to have any responsibility.
Unless your Lyft driver is also partly responsible for the collision, that driver is likely not... View More
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