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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Texas on
Q: Can I sue a deceased person in small claims court if the probate has just been initiated?

The deceased person never fulfilled their obligation, and we signed a contract. She was the sole owner of the business and the probate process has just been initiated by her husband. The administrator has been assigned yet either. Could I still sue her business and her estate in small claims court?

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

The short answer is no - because there's no one alive to sue, and until someone is appointed to represent her estate, there is no one with authority to act for her. Once some one is appointed as executor or administrator, you can make a claim against the estate, and sue the executor or... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Texas on
Q: What to do if a Judge is making me part of a case and I am not listed as party where it shows active and inactive party

I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure... Read more »

2 Answers | Asked in Consumer Law, Business Formation and Business Law for Texas on
Q: Do I need to incorporate as a nonprofit to market my business as one when I won't be accepting donations or grants?

Hello!

I want to convert my marketing business into a nonprofit organization.

My mission is to utilize economic development to improve the conditions of local communities, creating successful small businesses that give back to the community.

That mission is obviously... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Nov 2, 2020

If you want to hold yourself out as a non-profit, then yes, you must be a non-profit. To become a non-profit, you must (1) create an entity with the Secretary of state and (2) file a 501(c)(3) application with the IRS. You cannot do this without an attorney and/or a CPA. Try to find an attorney who... Read more »

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1 Answer | Asked in Banking, Business Law and Consumer Law for Texas on
Q: Is there anything that can be done about car dealerships that offer “guaranteed financing” then they do not honor it?

Multiple dealerships locally offer “guaranteed financing” stating that there is no credit check, “your job is your credit”.. my ex wife ruined my credit. So when I needed a replacement work truck I went to several of these type of dealerships. Just for them to run my credit and turn me... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 6, 2020

The State of Texas is unique in that there is a division of the Attorney General's office that handles consumer protection issues. I would contact them.

1 Answer | Asked in Consumer Law, Contracts and Tax Law for Texas on
Q: Is there required form of legal tender that people can't decline when dealing with debt?

I have a friend whom helped pay for my car. He paid the last 1000 or so.

I brought him cash, he says no cash. I bring him card, says cash only.

This has happened twice each. Is there required form of legal tender that he can't decline.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 6, 2020

There is no federal statute mandating that a private business, a person, or an organization must accept currency or coins as payment for goods or services. Private businesses are free to develop their own policies on whether to accept cash unless there is a state law that says otherwise. Texas does... Read more »

1 Answer | Asked in Consumer Law, Construction Law and Small Claims for Texas on
Q: Roofer put wrong shingles on my roof. What can I do?

We have had our roof replaced which was covered in our insurance. He came and we agreed on a color and he gave us the packet with a brochure with our selected shingle color and style. When he filled out the contract he did not put down the same style as the brochure we had agreed to. The specific... Read more »

Matthew Scott Williams
Matthew Scott Williams answered on Aug 25, 2020

Yes. You may certainly ask that the issue be remedied; however, whether the roofer will agree is unlikely.

Unfortunately for you, Texas courts strictly enforce the "four corners" of a contract - meaning the parties are held to the actual words and their plain meaning contained in the contract.

1 Answer | Asked in Consumer Law for Texas on
Q: How to get expert input while protecting my invention?

I have an Invention that would potentially solve a problem in a field unrelated to mine, so before moving forward with it too far I would like to ask an expert in this domain to make sure it is legitimate. what is the best way that I can protect my interests and prevent the said expert from... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

Your post remains open for two weeks. A patent attorney could probably give you guidance on this. There's no guarantee that all questions are answered, but your question would have better chances of getting picked up in the Patent Law and Intellectual Property sections rather than the Consumer... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for Texas on
Q: What if my counterclaim is NOT within the jurisdiction of the court in Texas, like more money than the court allows?
Tim Akpinar
Tim Akpinar answered on Aug 15, 2020

A Texas attorney could advise best, but your question remains open for three weeks. I can't speak for the state court system in Texas, but as a GENERAL matter in many jurisdictions, what can typically happen if a counterclaim exceeds the court's limit is that the matter can be removed to... Read more »

1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: I was in lawsuit personal injury we settled out of court all hospital fees was paid but still have fees on credit report

I have hospital lien this lawsuit lasted 6 years personal property injury insurance paid but the collection agencies not take off my credit reports but hospital one been paid I've asked called tired calling asking them I told them all they have 5 days they said they will not be removed 6... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 15, 2020

A Texas attorney could advise best, but your question remains open for three weeks. This could be a difficult matter because the bills appear to go back a number of years. Based on the information, it's difficult to say why the bills went into collection - was it coverage issues, medical... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: Do i actually have a case? or am i just out of luck? Could the company be found liable?

i bought a vehicle from a lot, it had 6 month warranty i pay 267 every 2 weeks. The salesman wouldnt let me choose any other car on the lot cause he didnt truth them. As soon as i got it, it started to have issues. I told them the issues and they never got it fixed. Then my sales person was fired a... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 29, 2020

You need a lawyer immediately. The dealer cannot take your son's social security card nor hold it hostage. Also, they do not need your W-2 forms. You don't specify if the vehicle was financed through a financial institution or if the dealer financed the purchase. It is also unclear if the... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: Facebook deactived my dead fathers memorilzed account, do I have a case? Isnt that against some form of user agreement?

I memorilzed my dads account when he passed in September 2019, a few months later I noticed his account was gone. Facebook customer service gave me a massive run around until they admitted to his account being deactivated and they couldn't do anything. My understanding is once an account is... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 16, 2020

Whether Facebook can do this or not is entirely determined by its User agreement which you should check. In Texas, there is no common law or statutory case of action for deactivating a memorialized social media account.

1 Answer | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for Texas on
Q: Would it be possible for an unrelated individual to use this process to design a consumer good after getting investors?

US Patent Application for LASER INDUCED GRAPHENE MATERIALS AND THEIR USE IN ELECTRONIC DEVICES Patent Application (Application #20200112026)

Do patent applications on new methods of producing material products make it impossible for others to use the methods in their own designs?

Thankyou

Kathryn Perales
Kathryn Perales answered on Jun 29, 2020

If a granted patent describes the same method that you want to use, then the inventor can prevent you from using that process without their permission. If a patent application has not yet been granted, then the inventor does not yet have the right to stop you. However, if the patent is granted... Read more »

1 Answer | Asked in Consumer Law, Divorce, Libel & Slander and Small Claims for Texas on
Q: If a married couple are both on a car title is it legal for one of them to use that title for another loan without

Approval or without telling the other person

Kelly Case
Kelly Case answered on Jun 25, 2020

While it is not the best practice for a loan company to grant a loan with only one of the married couple's signature on the documents, there is nothing illegal about it. Unless a divorce was currently pending and the County in which it was filed had instituted Standing Orders preventing the... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Texas on
Q: Am I liable to to pay a subcontractor if my contractor did not pay them in full?

Brick subcontractor contacted me 5 months after his work was finished and asked me to pay him the shortage I explained I had already paid the contractor for his work and there were no more funds left. I attempted to call the contractor who won’t take my calls. Now the subcontractor filed a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

You should counter sue the contractor, usually they also have to post a bond, which you should know about under the original contract. You can also sue the bonding company.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Consumer Law for Texas on
Q: What can i we do if a dealership had a lean on our car we bought without us knowing

we financed it dealership paid it off without telling us making our payments ahead only kept asking for plates he said he had to do to get the title . Told us to 11000 cash and we did now asking for more money and wont give title to us

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 13, 2020

I do not understand if you actually financed the vehicle or if you paid the dealer $11,000 in cash.I presume you purchased a used vehicle and must have received some documentation regarding the terms of the sale, including the price. These documents should be reviewed by a local attorney.... Read more »

1 Answer | Asked in Criminal Law and Consumer Law for Texas on
Q: Can a former employer charge criminal charges for checks that were written a year ago, which they are just now cashing?

A former employee sent me an invoice for “unapproved overtime” that I was paid. Due to the toxic work environment, I sent payment in the form of checks after I left (7/10/19) since then, that account was closed (4/30/20) and today, I received notifications from said employer that she tried to... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 13, 2020

You could be arrested and put in jail for committing Assault on the Tooth Fairy. However, if you fight the charge you won't be convicted because the prosecution must prove every element of the offense beyond a reasonable doubt, one of the elements of assault is that it is committed against a... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Texas on
Q: What kind of attorney protects you from fraud, being framed with assistance from the court clerks creating documents,

The court is aiding my house being stolen. The wrap deed of trust was actualy a sale to the county trustee. I have proof of fake documents from court.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 8, 2020

Schedule a consultation with a local Real Estate Attorney.

1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Q: How do chrome users affected by this beach of privacy sign up for this class action?
Adam Savett
Adam Savett answered on Jun 8, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
Read more »

1 Answer | Asked in Consumer Law, Employment Law, Business Law and International Law for Texas on
Q: I want to use a Lebanese artist to create and sell graphic designs. Am l allowed to hire him? We'd need PayPal.
David Luther Woodward
David Luther Woodward answered on Jun 4, 2020

Where is the artist?

You ask a question that needs more detail.

Are you going to pay hourly? piece work? project work? or whatever.

Where does he work? Do you provide the supplies.

Go see an immigration lawyer and an employment lawyer.

Good Luck

d

3 Answers | Asked in Consumer Law, Criminal Law and Products Liability for Texas on
Q: Am I required by law to report a stolen package containing ammunition?

I purchased ammunition from an authorized dealer online and had it shipped to my apartment address. The package was then stolen from my doorstep. It contained x60 .223 Remington bullets. If I understand correctly, this act is a felony, and I need to know what my legal obligation is in this... Read more »

Chad Zubi
Chad Zubi answered on Jun 1, 2020

You aren't legally required to report the ammunition stolen, but it would be a good idea.

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