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Texas Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law and Personal Injury for Texas on
Q: I recently contracted scabies at a Hotel I made a formal complaint with the franchise complaints department Dr confirme

I also filed a complaint with the Texas Health Department my question is wht can I do to hold him accountable and make sure that they take responsibility forliabilities and their negligence

Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on May 12, 2020

Follow up with the health department. If they do not return your call, just keep calling them. Sometimes they only respond to truly insistent people. I would also contact your local congress-person to find out what they are doing to eradicate scabies in this area.

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2 Answers | Asked in Consumer Law and Personal Injury for Texas on
Q: I recently contracted scabies at a Hotel I made a formal complaint with the franchise complaints department Dr confirme

I also filed a complaint with the Texas Health Department my question is wht can I do to hold him accountable and make sure that they take responsibility forliabilities and their negligence

Patrick Daniel
Patrick Daniel answered on May 12, 2020

Some additional information would need to be known about this situation. For instance, how do you know that staying at the hotel caused the scabies? Are there others who stayed at the hotel and also contracted scabies? Also, if you immediately saw a doctor after the incident it, what did he say? It... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: House caught on fire while waiting on claim with insurance co mortgage company foreclosed who get the insurance check
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

The financial institution that hold the note and mortgage. If there is anything left over, you might get some of it.

1 Answer | Asked in Consumer Law and Medical Malpractice for Texas on
Q: What should I expect as an MMI after 4 hernias repair and l5/S1 Laminectomy with Discectomy Surgery?

I was injured last year on my job after informing my employer that we need electrical pallet jacks to unload our trucks. I was unloading my truck up an incline with a manual pallet jack when I noticed a sharp pain in my naval area along with a small bulge. I immediately notified the company of my... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 10, 2020

I'm sorry for your ordeal with the relentless pain you are enduring. Unfortunately, the fact that medical treatments do not succeed in ending it does not necessarily mean that this state of affairs is attributable to medical malpractice on the part of a physician or hospital. You have a... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: With the coronavirus on-going am I able to get a full refund on a non-refundable hotel

I booked my hotel through hotels.com for ComicCon in San Diego which we are not going to anymore for our safety.

Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

It could depend on how the contract is worded, and how the establishment argues the definition of some of the applicable terms. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law for Texas on
Q: How does the statute of limitations work on almost 20 yr credit card debt

I had a Litigation company call me and tell me that I was going to be taken to court and get my wages garnished if I did not pay this old credit card bill. They said they mailed me letters but I have not received anything. I asked them to verify my debt because it was past the statute of... Read more »

Adam Savett
Adam Savett answered on Mar 9, 2020

Yes, you should find a qualified lawyer who handles FDCPA matters.

Many offer free initial consultations.

You can find lawyers here on Justia, or other directories such as Avvo.

You can also contact the Houston Lawyer Referral Service, who can refer you to pre-screened...
Read more »

1 Answer | Asked in Consumer Law, Employment Law and Trademark for Texas on
Q: Can I open a boutique with my daughters name and her middle name. The boutique would be called A*** Rose Boutique?

The clothing is aimed towards teens and older girls can I get in trouble for using the name since Rose is trademarked but there other boutiques using it? I’ve also have tried about 50 other names but they’re all taken so this is my last option hopefully.

Tania Maria Williams
Tania Maria Williams answered on Feb 25, 2020

The trademark examiner will be looking for a likelihood of confusion for other marks within the same class. Use of the word “Rose” doesn’t necessarily preclude your use of the word but enlisting an attorney to do a comprehensive trademark search is your best bet. Sometimes, I have helped... Read more »

1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Texas on
Q: What is the dealership’s extent of responsibility for a vehicle they wrecked on their property?

While completing recall work, the dealership wrecked my husband’s truck. The truck is 9 years old, in good shape and has never been wrecked or repaired until now. Due to the age, the paint was oxidized in some places on the truck other than where the damage occurred. While they have accepted... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

With all due respect, at nine years old chances are it's value is diminishing anyway, so a repaint won't matter. You can ask them to repaint the whole, but if the paint is going anyway, you may want to see if for a few dollars they will do the whole truck.

1 Answer | Asked in Consumer Law, Collections and Elder Law for Texas on
Q: No one responded to my question so I'll ask it again. Am I responsible for my late mother's debts?

Mom had been in and out of hospitals, nursing homes before she passed. However, she did owe because insurance, medicare didn't pay. In fact the last nursing kicked her out because insurance ran out.

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 20, 2020

No. Your mother's estate is responsible. You are not. However, you can not inherit anything until the debts have been paid.

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Am I responsible to pay subcontractor after 6 months if I paid the contractor in full

The brick subcontractor was paid short about 7400 of 29,000. He contacted me 5 months after his work was completed. I have already paid the contractor in full and now the contractor won’t return my calls. The subcontractor filed a suit in small claims Parker county.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2020

Although this sounds like a dispute between the primary contractor and his sub-contractor (the bricklayer), the result might become a big problem for you--if the bricklayer files a mechanic's lien against your property. Whether or not they can do that lawfully is beyond the scope of this... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: What can I do we financing this car the cash price was like $5000 and something and they financed us it for $14,200.

on Jan 30, 2020 I went to 1and2 Automotive to purchase a reliable car the salesman assured my husband and I we was getting a good car I told him we needed a SUV with 3 rows so he brought us the car me my husband and the salesman did a test drive everything sounded good I asked the salesman is that... Read more »

Adrian Bower
Adrian Bower answered on Feb 5, 2020

Contact an attorney in your area for a private consultation. Depending on the facts, you may be able to bring a claim under the Texas Deceptive Trade Practices Act, which could allow for up to three times damages plus attorney fees.

1 Answer | Asked in Consumer Law for Texas on
Q: Im getting harassed about a loan from a couple years ago. They want to arrest me. Can they do this
Adrian Bower
Adrian Bower answered on Jan 29, 2020

Texas doesn't have debtor's prisons. The threat to arrest you could give rise to civil action against the entity and/or person making the threat. Contact an attorney in your area to discuss your legal options.

1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: Concerned over wording of Debt Settlement Agreement.

I offered a one-time lump sum payment to settle a debt with a third-party debt purchaser and received a settlement agreement that is worded like the following:

"This letter agreement shall confirm that Defendant "Name", has agreed to pay and Plaintiff "Name" has... Read more »

Elaine Brown
Elaine Brown answered on Jan 16, 2020

I am always concerned when an agreement is not clear in its wording. You might ask that the wording be changed to allow you to feel more comfortable before signing. I would suggest that you allow an attorney to review the letter for you as they may be able to determine more from actually seeing... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: is there a place/site that shows how many cases attorneys an attorney wins? especially a consumer law attorney.
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 6, 2020

There isn't a site that keeps track of wins that I am aware of.

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: I am in the process of cleaning from a mattress that is only 4 years old ..it is in my guest room....I found fiberglass

anyway the mattress place said i must of took the cover off...I never have even tho it says u can,,,it has been used very little..i want to file a lawsuit to recover money for clean up and replace all the bed and clothes and carpet and stress from this and the health problems

Tim Akpinar
Tim Akpinar answered on Dec 29, 2019

I'm sorry for your ordeal. Unfortunately, the passage of so much time could present some serious challenges here. If you were able to arrange a free, or brief limited-fee initial consult, a Texas attorney should be able to outline some of these for you in greater detail. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Collections for Texas on
Q: Question about the confidentiality clause of a debt settlement agreement.

If I write 'full and final payment' on the memo line of a money order intended as a one-time lump sum payment to settle a debt and the confidentiality clause states 'both parties agree to keep the terms of the settlement agreement confidential', would doing so constitute a breach of the clause?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 19, 2019

No it would not breach the clause.

1 Answer | Asked in Consumer Law, Constitutional Law and Energy, Oil and Gas for Texas on
Q: How do you battle a electric utility company and what type lawyer do I need?
Tim Akpinar
Tim Akpinar answered on Dec 12, 2019

It depends what you're battling them about. Oil spill from one of their fuel barges, you need an environmental lawyer. Right-of-way or easement with one of their power lines, you need a land use or real estate lawyer. Electric bill issue, you need a consumer or business lawyer. Depending on... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: I am cosigner on a student loan that my daughter defaulted on. Does your firm represent lawsuits of this manner?

My daughter went to UTSA for four years but did not graduate. She defaulted on the loan. The principal sum is 56K with interest and late charges added on to that. I have more information in PDF form if needed.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 6, 2019

I'm not clear on what the reason is you're seeking representation. Both co-signors are responsible for the loan.

1 Answer | Asked in Civil Rights, Consumer Law, Estate Planning and Real Estate Law for Texas on
Q: My house sold in auction sept 3,2019. I have still been living here up to present date What are my rights

Received a letter from law firm stating if I was the prior deed holder, I had 3 days to vacate the premises. I guess I need guidance as to who what and where I’m supposed to go or do now Also would like to know about any known resources and rights I actually have concerning this I am trying... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 4, 2019

You need to search for resources in the area you live in as soon as possible. It is possible for the Sheriff to come evict you at any time. Try your local city government, city councilman, salvation army, area council of government, churches, veteran's groups, etc.

1 Answer | Asked in Banking and Consumer Law for Texas on
Q: Can my bank refuse to speak to an attorney that I retained to help handle my finances?

The customer service person said he needs to be granted a power of attorney first. I find that ridiculous. He is my attorney on retainer. They HAVE to work with him in that capacity- right?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 18, 2019

No they don't. This rule is very common in the financial industry. Why?

Because--other than your assurances--the bank has no other way of knowing the lawyer is who he says he is.

Stop and think this all the way through: The bank is protecting you--and all your money on...
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