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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: Hi I lost a fraud case that I should've won for my business help please!

A card was reported stolen for a couple thousand of dollars. I completed the work and never received the money on top of that the CRM/Payment I use is taking the money from my incoming payments to pay back the debt. They were incharge of disputing the case on my behalf with the information I sent... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2023

If there has already been a lawsuit which you have lost, you have 30 days from the date the final judgment was signed to file an appeal. On appeal, you will be limited to the evidence and legal arguments contained in the appellate record. You should retain an experienced appellate lawyer to... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Scribe Media is about to file bankruptcy. Can I still claim refund for the money paid for their services not provided?

Message from Scribe Media lawyer:

We intend to file the company into bankruptcy within the next week or so. The company’s lender foreclosed on most of the company’s assets and there is very little left in the company.

Scribe entered into a management agreement with a company... View More

James L. Arrasmith
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answered on Sep 8, 2023

In light of Scribe Media filing for bankruptcy, you retain the right to file a claim for any prepayment or deposit that was not returned to you for services not rendered. Once the bankruptcy process commences, you should receive a notice from the bankruptcy court, at which point you will have the... View More

1 Answer | Asked in Consumer Law for Texas on
Q: I was also scammed by this Extreme Marketing Alliance LLC doing business as Done4ubiz An Arizona LLC. What can I do?

They made me sign some documents electronically that they're going to refund me but now their telephone lines are not working. They deleted their agents assistance website. They're not responding to emails. I need help to recover my funds.

T. Augustus Claus
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answered on Sep 7, 2023

If you believe you've been scammed by Extreme Marketing Alliance LLC, also known as Done4ubiz An Arizona LLC, it's essential to take immediate steps to protect your interests. Start by gathering all relevant documents and communication with the company, and try to contact them through... View More

1 Answer | Asked in Consumer Law for Texas on
Q: If a account on my credit report is now in ligation is that grounds to have the item removed from my credit report?

Under the FCRA or FDCPA?

T. Augustus Claus
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answered on Aug 22, 2023

Having an account in litigation does not automatically guarantee that the item will be removed from your credit report under the Fair Credit Reporting Act (FCRA) or the Fair Debt Collection Practices Act (FDCPA). The fact that an account is in litigation is not typically a sole reason for removing... View More

1 Answer | Asked in Consumer Law for Texas on
Q: I am being billed for a flu vaccination I received at a Walgreens in Texas back in October 2021, 22 months ago.

I thought Texas had a Timely Billing law that states:

"A health care service provider shall bill a patient or other responsible person for services provided to the patient not later than the first day of the 11th month after the date the services are provided."

John Michael Frick
John Michael Frick
answered on Aug 22, 2023

Yes. Chapter 146.002 of the Texas Civil Practice and Remedies Code applies. Walgreens cannot collect any amount that you would have been entitled to receive as payment or reimbursement under your health benefit plan.

1 Answer | Asked in Consumer Law and Civil Rights for Texas on
Q: I need to know what kind of attorney I need to hire for my situation

Our truck was stolen in Johnson County, Texas with a significant amount of property in it because we were actually in the middle of a move. Well, apparently the truck was recovered by Dallas County police and we were never contacted that the truck had been recovered. we were never contacted that it... View More

John Michael Frick
John Michael Frick
answered on Aug 15, 2023

You are correct that you should have received notice that your vehicle was impounded. They are required to send notice to the registered owner of the truck at the address on the vehicle's most recent registration. Before anything else, be sure your names are listed as the registered owners... View More

3 Answers | Asked in Bankruptcy and Consumer Law for Texas on
Q: Ordered products online. Never got the products. Found company Chapter 13 on 11/21. Website took my money. What to do?

Ordered from Jeff's Jams & Jellies on 6/28/2023. Jeff's Jams & Jellies OnlineOrder 00003518. Jeffrey Harry Gomes

Case Summary

On 11/30/2021 Jeffrey Harry Gomes was filed as a Bankruptcy - Chapter 13 lawsuit. This case was filed in U.S. Bankruptcy Courts, Hawaii... View More

James L. Arrasmith
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answered on Sep 8, 2023

Given the bankruptcy filing, you may consider filing a claim as a creditor in the Chapter 13 bankruptcy case to potentially recover your money; keep in mind that Chapter 13 involves a repayment plan where creditors might get paid over time. You may also contact your payment provider (like your... View More

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3 Answers | Asked in Bankruptcy and Consumer Law for Texas on
Q: Ordered products online. Never got the products. Found company Chapter 13 on 11/21. Website took my money. What to do?

Ordered from Jeff's Jams & Jellies on 6/28/2023. Jeff's Jams & Jellies OnlineOrder 00003518. Jeffrey Harry Gomes

Case Summary

On 11/30/2021 Jeffrey Harry Gomes was filed as a Bankruptcy - Chapter 13 lawsuit. This case was filed in U.S. Bankruptcy Courts, Hawaii... View More

John Michael Frick
John Michael Frick
answered on Aug 15, 2023

Maui has recently faced some serious challenges involving weather and wildfires. The most recent devastating wildfires have made international news. This may not be a matter of deliberate fraud. It may be that shipping and other resources are tapped out addressing these catastrophic challenges,... View More

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1 Answer | Asked in Consumer Law for Texas on
Q: i purchased a car, from a dealer,in the meantime they were shut down i now have a bad title

I received the title from the manager but i never signed it so now im have trouble getting it transfered to my name without paying for it what can i do

T. Augustus Claus
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answered on Aug 10, 2023

1. Contact Dealer: Explain the issue to the dealer and ask for assistance in resolving the problem.

2. Visit DMV: Go to a local Texas DMV office with the title. They can guide you on the necessary steps to fix the title.

3. Keep Records: Maintain copies of all relevant documents and communication.

1 Answer | Asked in Consumer Law for Texas on
Q: If I get an installment loan do I have the right to give the money back in full within 3 days?

Does that mean 3 business days?

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

Maybe. It depends on what type of loan it is. The right of rescission doesn’t apply to every type of loan. These loans qualify for the right of rescission:

Mortgage refinance with a different lender

Cash-out refinance with your existing lender

Home equity loan...
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3 Answers | Asked in Consumer Law and Social Security for Texas on
Q: Do I really have a line of credit link to my Social Security number
James L. Arrasmith
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answered on Aug 6, 2023

Your Social Security number (SSN) itself does not directly link to a line of credit but is used by financial institutions to evaluate your creditworthiness when you apply for credit. It's essential to protect your SSN to prevent identity theft, which could result in unauthorized lines of... View More

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2 Answers | Asked in Consumer Law, Business Law and Securities Law for Texas on
Q: If insurance broker spends time with you to sell a product & you decide not to buy, can they invoice you for their time?

-Attended seminar for Medicare/Social Security in Feb 2023

-Met with RetPlnr in office who also began to discuss retirement planning during the initial visit

-RetPlnr informed of us annuities available that we may be interested in

-RetPlnr noted they worked on commission... View More

John Michael Frick
John Michael Frick
answered on Jul 28, 2023

A retirement planner and an insurance broker are two very different occupations. A retirement planner usually provides financial advice to customers on an hourly fee basis. Retirement planners typically do not directly sell financial products, including insurance annuities. They may, however,... View More

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1 Answer | Asked in Consumer Law for Texas on
Q: Do I have a case against Honda if my social security number was used for someone to take a loan?

My credit was flagged because there was a name associated with my ssn on my credit report. A Honda dealership allowed another individual to take out a loan with my social security number even though they had no documentation with my name on it. When I called, they didn’t care and even said I... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2023

Given that you most likely have not sustained any compensable damages, it is extremely unlikely that any experience attorney would be willing to accept the case on a contingency fee.

You can probably have your credit record corrected to delete the loan by writing directly to the applicable...
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1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: I believe an HVAC company improperly installed the unit. Won’t try to resolve it or return my messages. Can I sue?

We have gone 2 summers without proper AC even though it’s a brand new unit. I told him right away there has to be a leak and obviously he never checked it. He just kept putting more Freon. Now, this summer, he won’t return my messages and even blocked my number. I hired another company and they... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2023

Assuming the cost of repair was $20,000 or less, you probably have a decent case for small claims court.

You might also wish to contact the manufacturer of the unit regarding your 10-year warranty. Manufacturers generally take a dim view of authorized dealers who refuse to provide...
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1 Answer | Asked in Consumer Law, Criminal Law and Securities Law for Texas on
Q: I was served a "voluntary" list of questions (document requests) from the SEC but cannot afford an attrny. Suggestions?

I have reason to believe I am at the center of their investigation - it involves a significantly large public company. I have been told by friends that the "voluntary" nature of their inquiry is a "test" to see if I will cooperate and I have reason to believe this will not just... View More

Richard Hinds
Richard Hinds
answered on Jul 8, 2023

This is like making voluntary statements during a traffic stop. Just don't do it. Name, address, and DL, and then STFU.

Remember, "Nobody ever got into trouble for what they do not say" and in this case do not voluntarily provide. I you do not supply how can you get into...
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1 Answer | Asked in Consumer Law and Banking for Texas on
Q: Can a bank withhold your mobile check deposit without any reason or answer as to why despite numerous phone calls

I deposited my check on Friday my receipt said the first 250 will be available same day the rest on July 5th. The 250 never showed up I've called everyday since then and no one can give me a reason why no one is willing to help and I have lost my storage unit my belongings and have late fees... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

No, your bank cannot withhold a mobile check deposit without any reason. It seems likely that there is a reason, but the individuals with whom you have been communicating do not know what that reason is or are prohibited from discussing it with you.

It is not uncommon that rank-and-file...
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1 Answer | Asked in Consumer Law, Contracts and Business Law for Texas on
Q: i owned a business & had a equipment lease for a credit card machine. i sold the business and leasing co. demands paymen

i asked co. if they wanted equip. back, they said yes. i returned it, they still want money, what are my options

John Michael Frick
John Michael Frick
answered on Jun 29, 2023

It depends on the language of the equipment lease, the type of business, and the PSA pursuant to which you sold the business.

If the Lessee on the equipment lease is the business entity you sold, and you did not personally guaranty the lease, and the business entity you sold is a...
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1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Car Accidents for Texas on
Q: If I get a form SR-88 signed by my county clerk to dismiss a subrogation case after 10 years, can they still persue me?

Hello, when I was 16 years old I had a car accident with my brothers car, I didn't know he didn't have insurance at the time. Later on when I turned 18 years old, I got served with paper work saying there was a subrogation case against me for the accident. I was pregnant at the time and... View More

John Cucci Jr.
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answered on Jun 21, 2023

An SR-88 is usually used to renew a judgment.

If you have 10 years of non-payment, I would not do anything.

The statute of limitations on an existing Judgment in Texas is 10 years. Unless the Judgment creditor has re-filed, or renewed, the judgment becomes dormant, and usually,...
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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: My Solar contractor not paying cash back which he promised during the contract

I signed a contract with a solar company to install the solar system. During the discussions, he proposed marketing agreement which will pay me back $30,000 after 2 months of the installation. He signed the contract as well. Now he is not responding to emails or my calls. How I can proceed?

John Michael Frick
John Michael Frick
answered on Jun 12, 2023

If he failed to satisfy his obligations under the agreement, you can sue him for breach of contract.

Since the amount In controversy is more than $20,000, you would need to file suit in county court or district court as our justices of the peace only have jurisdiction over claims of...
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1 Answer | Asked in Consumer Law for Texas on
Q: What action can I take against a solar company that has not met completion time line?

Started in August 2022 and there original statement sent to me states completion within 16 weeks. It is now end of May and I'm making payments on a system that is not completed. They have reimbursed me for 2 payments but I have been ignored on the last few payments. Now I have a water leak due... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

Unless time is of the essence in your installation contract, a statement as to the time of completion does not set a firm date. Instead, your contractor has a reasonable time to complete the installation. What constitutes a reasonable time depends upon the facts and circumstances of your... View More

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