Get free answers to your Small Claims legal questions from lawyers in your area.
On December 21, 2022, I ordered a care package for an inmate in Fort Bend County. The inmate was released before receiving the package. However, instead of issuing refund, iCare stated he received and signed for package. They sent me an email with a forged signature. They refused to issue a refund.... View More 
answered on Feb 17, 2023
Yes. You can sue them for the forgery. You will have to prove who exactly did the forgery which may prove to be difficult.
Your damages are $37.82. So I would not expect an attorney to take the case on a contingency fee. You will have to do the cost-benefit analysis yourself.
My girlfriend bought a car from a small car lot and 6 months later the engine blew. She still owes $11,000. They want $4000 to repair the engine. They won't tell us what is wrong with the engine just that we need to pay them to fix it. Is there anything we can do?
answered on Feb 11, 2023
You should consider taking the vehicle to another mechanic for a second opinion given the size of the repair estimate.
My sister and I agreed that I would reclaim the chair but then she sold my mom's house and everything in it, except what she needed for an apartment including the lift chair. The will gave her the house and the contents that no other sibling wanted - she reneged on our agreement (text... View More
answered on Feb 5, 2023
If your sister did not give you a reasonable time to remove the chair, you may be able to sue her for the value of the chair.
What constitutes a reasonable time depends on all the facts and circumstances. Barring any unusual circumstances, I would say ten days is likely reasonable and... View More
As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... View More
answered on Feb 4, 2023
If you have received a fake check and have evidence of the work you performed, it is important to take legal action to protect your rights. However, as an illegal immigrant, you may face additional challenges in seeking legal remedies.
You should contact the Department of Labor to report... View More
I am in Texas. The payday loan was taken out at least 9 years ago. I fell on really hard times and was unable to continue making payments after approximately 4 payments.
The notice from a legal geoup in Virginia states it is my 2nd notice although I didn't receive the1st.
I... View More
answered on Jan 27, 2023
Wait to be served by a sheriff. Then take the papers to an attorney to discuss whether to plead that the statute of limitations bars the lawsuit at this time.
I have been subleasing a single room from a woman. At the end with my subleasing I gave her a 30-day notice and paid for the full month of December. Even though I paid for the full month of December I moved into the new apartment mid-December. She said because of this it was not a 30-day notice... View More
answered on Dec 20, 2022
Yes it is legal to sublease month-to-month or for a term of one year or less without a written agreement.
As long as you provide her with your new address, she has thirty days to give you written notice of any deductions from your security deposit and to refund the difference
I defaulted on unsecured debt from the lender/creditor named, Lending Club after I lost my job and underwent a very difficult financing situation. The last day of activity in the debt was 02/2019 when I made minimum payment. I thought their collection company gave up on me after repeatedly calling... View More
answered on Jan 10, 2023
They may file a lawsuit. It is hard to say, but one thing is certain. The best defense is a good offense. I have dealt with situations like this be fore for much larger sums of money and was able to position my client well. I need to learn more about the facts, but there may be an opportunity to... View More
The insurance company denied my claim that’s why I am suing for an independent analysis of the accident.
answered on Dec 3, 2022
In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend its insured in any lawsuit triggering coverage under the policy.
In those cases where the insured fails to notify the insurance company of a lawsuit and a judgment is entered... View More
answered on Nov 11, 2022
Yes, if you purchased a new automobile from a dealership, you may be able to file a "Lemon Law" complaint. The complaint procedure is overseen by the Texas Department of Motor Vehicles.
The requirements and procedure are described in layman's terms on its website at... View More
I work at a restaurant in Fort Worth. We booked a musician to play, then we had to cancel him 25 hours before hand. There were no contracts signed, no verbal or written agreements that we would pay a cancellation fee and there is no verbiage on his website pertaining to cancelled shows. I scheduled... View More
answered on Nov 7, 2022
Oral agreements are enforceable in Texas. If the musician was not able to book a new gig for the same amount of money you agreed to pay him, he likely can successfully sue you for that amount arguing that you repudiated the agreement when you cancelled the gig on such short notice. He might be... View More
I've sent the cert. demand for return of my sec. dep. letter to my ex landlord. She refuses. I don't know protocol for taking her to court.
answered on Nov 5, 2022
Go to the justice of the peace court for the precinct where the leased premises are located and fill out the complaint form. File it with the clerk there. They most likely will give you an informational brochure or sheet on what you should do next.
In order to leave an emotionally abusive relationship, I had to leave without my dogs. The dogs were abandoned in our care by his sister 3 years ago. She told my ex that we could keep them or give them to her dad, who is disabled & unable to care for pets. Giving the dogs to the dad would... View More
answered on Oct 26, 2022
Since the dogs were given to you both, you own them as tenants in common.
You can petition a court to partition them in kind or to have them sold and divide the proceeds equally between the two of you.
Im interested in proceeding with the case even though the party i sued didnt answer, whats next? How do i file a default judgement?
answered on Oct 25, 2022
A: You should make sure the process server has properly filed the return of service and then file a proper motion for default judgment attaching the required evidence that the party you sued is not on active duty in the armed forces of the United States, and the required certificate of last known... View More
I have an issue with a landlord who filed a wrongful eviction on us in March 2022. The Justice of Peace allowed the eviction, so we appealed his decision. We had the appeal hearing on June 13, 2022 in County Court & won at trial. We were awarded an order of "Take Nothing Judgement"... View More
answered on Oct 16, 2022
Since you didn’t appeal the second eviction case, your best course of action is to move all your stuff out and secure a new place to live. Otherwise, your property will likely be placed on the curb and could get damaged or stolen.
Whether the second eviction judgment is “legal” or... View More
Plus, if it never was repaired, am I still entitled to the cost of what it would have cost to repair the damaged item.
answered on Oct 3, 2022
The law allows you to recover the reasonable "cost of repair" for property negligently or intentionally damaged by another person, regardless of who repairs it and regardless of whether it is repaired.
For example, it is not uncommon in an older automobile that the cost of... View More
I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... View More
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answered on Sep 10, 2022
This is a classic move by a home builder company. Unfortunately, it is time to sue.
You need to visit with an experienced lawyer who handles real estate contracts and litigation.
Your rights are in the agreement you entered into with the seller and/or builder. The details will... View More
How do I make an adjustment to what I am suing for in county court. I need it to be slightly different then what I wrote on the petition and said in small claims court. For example I put, I was suing for DTPA. I am now wanting to sue for DTPA and or in replace of the price of the car. How do I go... View More
answered on Sep 7, 2022
You should ask your attorney to amend your petition.
Small claims court is a very different forum than county court. In county court, you will not have a simple "appointment," you will have a trial. You will be required to follow the Texas Rules of Civil Procedure in... View More
My wife had some speakers installed in the vehicle. Invoice and paperwork is in her name. The dealership will not allow her to get her equipment out of the vehicle saying they will dispose of it after 15 days. Is this legal and does she have a small claims case?
answered on Sep 1, 2022
Speakers which are permanently affixed to a motor vehicle (such as by being wired into the vehicles sound system or being screwed in place) become part of the motor vehicle. If the dealership has a legitimate claim to keep and dispose of the vehicle (e.g. a purchase money lien or mechanic's... View More
The contract was signed last year 7/21. After the money was sent, the individual vanished. I tried several times to collect payment. The money was indented and written for the investment of an 18- wheeler truck. The contract also stated I could have rights to drive. At this time I'm not... View More
answered on Sep 1, 2022
You most likely need a debt collection attorney in the state where the LLC on the loan contract is located and where the individual resides.
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