Lawyers, Answer Questions  & Get Points Log In
Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Social Security, Civil Rights and Constitutional Law for Texas on
Q: I have a statement showing I have/had the 40 required amount of work credits needed to be eligible for SSDI

I made $20,000+yr for years until my health decline making my income drop significantly. I applied for benefits and I have been given misinformation, denied continuously,lied to, told my condition is not as severe as I think I is, have errors in case file, and more but yet has conditions and... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Jun 26, 2022

You haven’t provided enough information for anyone to tell you if you have a good case or not. You also aren’t clear about whether you are wanting to obtain disability benefits or sue the SSA for discrimination. If you have already provided detailed information to several lawyers and they have... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Consumer Law for Texas on
Q: The Court at Law in FB county has granted Defendant a Summary Judgment How and where do I file an appeal or Motion?

I (Plaintiff) filed a Fraud, Misrepresentation and DTPA case in FB Court at Law against Momentum Jaguar Volvo Porsche in Houston almost 18 months ago and requested a Jury Trial. The court neither scheduled a Jury Trial not Amended the case. Defendant provided some fake documents and made several... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 5, 2022

You need to retain a lawyer, Appeals are complicated,

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Municipal Law for Texas on
Q: If you find out that you purchase stolen goods that the seller paid for a service to have done what is your rights?

I have recently come to the suspicion that I may have purchased stolen goods on Facebook marketplace through a person I know and have their ID information and where they live.

I didn't inquire about the acquisition of the property until after the purchase was made. I don't want to... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on May 23, 2022

Make a police report and surrender the stolen goods

1 Answer | Asked in Consumer Law, Car Accidents and Insurance Bad Faith for Texas on
Q: Do statues begin the day liabilty is determined or the day you're notified?

Does someone need to be notified of their right to file a claim & what the deadlines are before statues can begin?

Tim Akpinar
Tim Akpinar
answered on May 21, 2022

A Texas attorney should advise here, since statutes of limitations are governed by state law. But your question remains open for two weeks. In virtually all jurisdictions, statutes of limitations usually use the day of the accident as a reference point. A local attorney could provide specific... Read more »

1 Answer | Asked in Consumer Law and Personal Injury for Texas on
Q: I was eating at Denny's and there was a piece of broken plate fried in my pancake puppy and it broke my tooth off.

This happened july1 2021 do I still have time I had an attorney that but after I got ex rays he told me he could get $5,000-10,000 for it if I wanted to go ahead and settle, but then he said so to a client or case he took on he couldn't represent my kind of case. Can I still do something about it.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 25, 2022

You have two years from the date the incident happen to file a lawsuit .

1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Q: I have a foreclose notice from my mortgage company and is TRO ( temporary restraining order) can stop foreclose

I have a small condo and our 5 family member live in this condo for last 21 years. This is only primary resident we have, during covid my wife lost her job and my parents move back to our home. I could not able to make any payment to my mortgage. I tried several time to modify or adjust the past... Read more »

David Luther Woodward
David Luther Woodward
answered on Apr 13, 2022

You can --through a lawyer--seek a temporary restraining order in District Court in your county. It is temporary--and I mean temporary. Don't expect more that 30 days till something will have to happen.

Go see a Bankruptcy Lawyer about a Chapter 13. That usually is the best way to...
Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Foreclosure for Texas on
Q: Good afternoon I like to know , what should i do regarding my home foreclose.

I have a past due ( 3 years) mortgage and due to pandemic ( lost job and parents hospitalized) could not able to pay . I have tried several time to modify the past due also requested for payment option. each proposal they turn down and send me a demand letter for full past due . Now i received a... Read more »

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

I have practiced in Texas and in Texas foreclosure is by "post and sell"--May 3 is the first Tuesday of the month which is foreclosure auction day. .That is contrasted to states like Florida where I practice now where is called a "Strict Foreclosure" state. That means that you... Read more »

View More Answers

1 Answer | Asked in Consumer Law for Texas on
Q: If I have paid in a consumer lease agreement for a piano rental more that the current price of the piano, do I own it?
Leroy Scott
Leroy Scott
answered on Apr 1, 2022

You would need to look at the lease to see what it says about ownership. However, you generally do not own property after a lease, even if you ended up paying way more than the price of the item.

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for Texas on
Q: I was injured by a Razor scooter, caused by a dangerous design issue with the electric drive system. Need help!

I recently suffered a fractured radius (radial head fracture), persistent painful nerve damage, and deep tissue bruising in my arm, and lower leg. (calf/ankle area). I have been treated by the ER, and referred to an orthopedic specialist by my PC. I'm hesitant to go because I'm worried... Read more »

Leroy Scott
Leroy Scott
answered on Apr 1, 2022

Unfortunately, although scooters are fun and convenient, I've seen a number of these claims where riders are thrown from scooters due to various faulty designs. At this point, (and this is probably easier said than done) your top priority should be your health. However, please understand that... Read more »

3 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for Texas on
Q: Do i have a case against theft and prevention do they have the right to bodly hirt me and the other person?

I had shoplifted a pair of shoes and we walked out onto the sidewalk when 2 men regular clothed came up behind me grabbed me and my purse swung me around and was physically pulling me my friend said dont touch her and they borh grabbed him up and busted him against the wall and trash can and... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 19, 2022

They don't have a right to touch you. You need to get a lawyer and get the camera, I am sure they are going to say you hit them first or used force, That is how a simple shoplifting turned into a robbery,

View More Answers

1 Answer | Asked in Consumer Law, Personal Injury, Collections and Small Claims for Texas on
Q: There is a guy who has been booking massages around San Antonio and Austin, then running out without paying.

What can we charge him with? And what evidence would be needed?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 12, 2022

You can charge him with theft of services. If you know who he is charge him prior to getting his massage,

1 Answer | Asked in Consumer Law, Real Estate Law and Construction Law for Texas on
Q: Can a home builder list specific address(es) with a lower price on their own website, then tell you a higher price?

Can a home builder, who has their own sales team, list specific address(es) with a low price on their own website, then list the same property on realtor.com and zillow.com with the same low price but when a buyer who wants to put a contract offer, for that specific address, in at the listed price,... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Feb 21, 2022

This is a contract law question. The issue is whether or not the posted price is an "offer." I believe it is, however, I would need to see the exact language of the posting to better advise you. Plus, Real Estate laws require a RE contract to be signed before the parties a bound.

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for Texas on
Q: Not sure what to do. getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt.

Hello im getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt. I was wondering if i could settle the debt before going to court and if so how to go abour that. Ive never been sued so i have no idea what to even do or who to contact. My citation papers were served on... Read more »

Leslie Ann Werner
Leslie Ann Werner
answered on Jan 8, 2022

It's extremely important for you to file an answer in a case like this, so they do not get a default judgment against you. For this amount of money, it's probably not cost-effective to hire an attorney, but if it was for a larger amount, definitely seek counsel.

And to...
Read more »

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Predatory lender gave false, misleading information in contract and will not provide proper receipts of payment

I was targeted by an aggressive door to door salesman, I was coerced and pressured into signing a contract for a Kirby vacuum and promised monthly payments of $105.49, $2,800 payoff before 36 months and $3,797.64 if I’m still paying after 36 months, 21% interest rate. I was turned over to a... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 30, 2021

First, I recommend that everyone Always keep their own records of payments made, either by making the payments in a way that generates a record (like a check) or by keeping a copy of the payments made. That way you are never in the position of having to look for a receipt.

As to whether...
Read more »

1 Answer | Asked in Consumer Law and Identity Theft for Texas on
Q: Why would a company deny a consumer access to records that involve identity theft?

If your identity was used to file a liability claim and theres an account for compensation in your name, how do you get the claim file for law enforcement when the company is refusing to cooperate?

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 22, 2021

You shouldn't have to get the claim file yourself. In fact, you probably should not get it yourself. What you do is report the theft of your identity to your local law enforcement agency, giving them all the facts which you are aware of. It is law enforcement's job to follow up on your... Read more »

1 Answer | Asked in Criminal Law and Consumer Law for Texas on
Q: When I was served a search warrant, they took money and drugs and I just got a check from the city for the money. Why?

The DA said that the money wasn’t received in time and gave it back. They confiscated and charged me for 4-200gm penalty group 1 and 4-200gm penalty group 2. I didn’t not ask for the money back but the police came and gave me this check. I’m suspicious that they would just give money back... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 21, 2021

I think you should re-submit your question and add some facts. You need to specify how much money was returned. It's not unusual for seized money to be returned to the person from whom it was taken, especially if the amount is relatively small. The larger the amount seized, the less likely the... Read more »

1 Answer | Asked in Business Law, Legal Malpractice and Consumer Law for Texas on
Q: In El Paso, Texas businesses are charging 3% surcharges for using card regardless of how much you spend. Is this legal?

They dont care what card you use, they only go cheaper if it’s cash. Where do I go to dispute these charges. It’s not fair to the consumer that they pass their charges onto me when making payment. I dont want to carry 500-1000 dollars to avoid paying 3%

Joseph B. LaRocco
PREMIUM
Joseph B. LaRocco
answered on Nov 2, 2021

Yes, unfortuantely it is legal in Texas and almost all states. The company does have to post a notice of what they are charging you and the bill should show the charge separately, They can charge up to 3.99%. If you are a very good customer or making a large purchase, ask the store owner or manager... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: Can my storgage unit landlord lock me out of my unit for alleged damge to another unit?

In August 2021 upon moving in i was backing up and tapped the side of a storage unit. I did report the incident to the office and the maintenace man confirmed that this has been damaged previously. Yesterday I was emailed an invoice for $2,600 for the replacment of the roll up door. No other... Read more »

Teri A. Walter
Teri A. Walter
answered on Oct 21, 2021

I suggest you talk to them and try to work it out. But yes, damage to any part of the property would be grounds for locking you out.

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: Do I send newLetter w another 30 dayDeadline to total 60day altogether orSend newLetter w 60day deadline to total 90day?

A business violated theDeceptiveTradePracticesAct & false advertised. They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice. I was given runAround & excusesSo I contacted corporate about it and... Read more »

Leroy Scott
Leroy Scott
answered on Sep 10, 2021

Two wrong letters won't make it right. Send a new letter giving 60 days, unless doing so will cause the statute of limitation to run, in which case, you do not need to give notice.

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: HowDoIFix/proceedAfterGivingIncorrect deadlineOf30day inDemandLetter whichShouldOf stated60day soICanFileLawsuitInCourt?

A business violated theDeceptiveTradePracticesAct & false advertised.  They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice.  I was given runAround & excusesSo I contacted corporate about it... Read more »

Leroy Scott
Leroy Scott
answered on Sep 10, 2021

You can send a new letter, unless doing so would cause you to miss the 2 years statute of limitation, in which case, you can file the lawsuit with giving notice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.