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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Been in rv park in breham tx It has been paying on the 6th for 10 months. Under motel laws what are my tenants rights

I have been paying monthly for 8 months in the motels laws of Texas it states that after 30 days you are conceder a tenant and must be evicted

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The answer to your question depends on whether you are a tenant or guest under your contract with the RV park. The question of whether RV occupants are tenants or guests is an important one and depends on the circumstances of the occupancy. In Texas, most RV parks operate like apartment complexes.... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

James L. Arrasmith
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answered on Feb 4, 2024

To address a suspended license due to a lien and prevent it from affecting your ability to obtain a driver's license in another state, it's crucial to directly engage with the agency or court that issued the lien. They can provide specific guidance on your situation and the steps needed... View More

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2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

T. Augustus Claus
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answered on Feb 1, 2024

To address a suspended license due to a lien, you'll typically need to satisfy the underlying debt or resolve the issue causing the suspension. Initiating an SR-88 form, also known as a Petition for Reinstatement of Driver's License, is a common step in this process. This form allows you... View More

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2 Answers | Asked in Consumer Law, Car Accidents and Insurance Bad Faith for Texas on
Q: I'm looking for a Lord to Sue my Insurance Company. Because on december twenty first I was in an accident and they

Denied my insurance claim on December 21st I was in car accident to make a long story. They wanted me to pay $2000 that put me homeless. I have no money right now. And the work that we needed to be done on my car. Hamp it on the side that the action is happening. And a refuse that 9 to 2 times... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

Our justice of the peace courts have jurisdiction over small claims where the amount in controversy does not exceed $20,000. The principal advantage of small claims court is that you do not need an attorney to file a lawsuit. Since you "have no money right now," this is probably your... View More

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2 Answers | Asked in Consumer Law, Car Accidents and Insurance Bad Faith for Texas on
Q: I'm looking for a Lord to Sue my Insurance Company. Because on december twenty first I was in an accident and they

Denied my insurance claim on December 21st I was in car accident to make a long story. They wanted me to pay $2000 that put me homeless. I have no money right now. And the work that we needed to be done on my car. Hamp it on the side that the action is happening. And a refuse that 9 to 2 times... View More

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2024

I'm sorry for the ordeal resulting from your accident. You could look into whether it's possible to line up a free initial consult. Your brief post doesn't mention injuries. Whether your matter involves property damages only, or property damages and bodily injury, that could make a... View More

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1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: I’m a trying to purchase a vehicle from Texas. I live in Iowa. The TX dealership says I HAVE to pay for the Safepoint.

The dealership says it’s the law in TX you are required to have Safepoint. I live in Iowa. They say they already installed it. This is a used 2022 Tahoe. They are also charging me for VIT, which my research says is not my cost. The dealership claims it made a “mistake” in the price and... View More

John Michael Frick
John Michael Frick
answered on Jan 30, 2024

VIT is a property tax assessed on the dealer, not on the purchaser. While a dealer can list VIT reimbursement on a sales contract, it is not required by law to be paid by the purchaser and is a negotiable term of any sales agreement.

Texas law does not require a vehicle to have Safepoint...
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1 Answer | Asked in Consumer Law for Texas on
Q: I live in Texas, I cosigned an auto loan. My name is 1st on all documents. Can I take possession if other party defaults
T. Augustus Claus
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answered on Jan 18, 2024

In Texas, if you are the primary borrower and your name appears first on all documents for a cosigned auto loan, you may have certain rights if the other party defaults on the loan. As a cosigner, you are typically responsible for the debt if the primary borrower fails to make payments. If the... View More

2 Answers | Asked in Consumer Law, Banking and Identity Theft for Texas on
Q: I'm concerned I might have some identification theft issues, Can you help with that?

I have made several scientific breakthroughs and provided them publicly and have had many security questions and issues related to it. I could use some legal guidance. Perhaps you could help?

Sheldon Starke
Sheldon Starke
answered on Jan 16, 2024

Privacy laws are generally determined on a state-by-state basis. However there are a number of federal laws involved in the subject matter. You also need those of us who are experienced in government because it is not clear exactly what the nature of your discoveries are or who they involve. There... View More

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2 Answers | Asked in Consumer Law, Banking and Identity Theft for Texas on
Q: I'm concerned I might have some identification theft issues, Can you help with that?

I have made several scientific breakthroughs and provided them publicly and have had many security questions and issues related to it. I could use some legal guidance. Perhaps you could help?

James L. Arrasmith
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answered on Jan 17, 2024

If you're concerned about identity theft, especially in the context of publicizing scientific breakthroughs, taking proactive steps is essential. First, monitor your financial accounts and credit reports regularly for any unauthorized activities. You can obtain free credit reports from major... View More

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1 Answer | Asked in Consumer Law and Banking for Texas on
Q: I have been approved for a 5000 dollar loan. They are asking for 3 payments upfront. Is that legit

They said the 3 payments are collateral and I won't have a payment for 3 months. I google the company name and nothing pulls up. Woodside lending solutions is the company name and address is 920 5th Avenue Seattle Washington.

T. Augustus Claus
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answered on Jan 12, 2024

Be cautious as the situation you described raises red flags associated with potential scams. Legitimate lenders typically do not require upfront payments for collateral on personal loans. The fact that the company's name does not yield any relevant search results adds to the suspicion. It is... View More

1 Answer | Asked in Consumer Law, Estate Planning and Family Law for Texas on
Q: My mother had an unsecured personal loan at the time of her death. Do I have to pay it off?

I keep getting billing statements addressed to "The Estate of...." from American Express

The only "individual" assets she had were her personal belongings. I was "joint owner" on both her checking and savings accounts. I was the beneficiary on her life... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

No. A child is not legally responsible for the debts of a deceased parent in the absence of a contractual agreement signed by the child.

Forward the AmEx bill to the personal representative of your deceased mother's estate. It should be paid by the PR out of any non-exempt assets of her Estate.

1 Answer | Asked in Consumer Law, Small Claims and Civil Litigation for Texas on
Q: Civil suit for car repairs, where do I turn?

Put my car in a repair shop I never used before, They threw unnecessary parts into, just for my car's engine light to turn on 3 mins into getting it home, the car was driving rough and making weird buzzing noise. Tire pressure light was on as well. 3 days of having the car sit until the next... View More

James L. Arrasmith
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answered on Jan 6, 2024

In Texas, if you believe a repair shop has performed inadequate or unnecessary repairs on your vehicle, you have the right to seek legal recourse. The first step is often to try and resolve the issue directly with the repair shop. If they are unresponsive or unwilling to rectify the situation, you... View More

2 Answers | Asked in Consumer Law for Texas on
Q: can i sue for overcharging my card

i was buying something online and at checkout it said my total was $6.95 but whenever i put in my card it charged me $67.69 so is there anything i can sue for, like maybe false advertisement or something

James L. Arrasmith
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answered on Jan 4, 2024

If you were overcharged on your card for an online purchase, the first step is to contact the merchant to seek a resolution. Often, such discrepancies are due to technical errors and can be resolved amicably by the merchant issuing a refund for the overcharged amount.

If the merchant is...
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3 Answers | Asked in Bankruptcy, Consumer Law and Real Estate Law for Texas on
Q: New build home being foreclosed on by bank due to builder bankruptcy. What happens to my contract and builder deposit?

I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 3, 2024

Bankruptcy relief is exclusively a federal right and procedure, with its own courts.

However, most states have a "receivership" insolvency proceeding that is valid (and utilized sometimes in foreclosure proceedings, or regarding insurance companies that are not eligible for...
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3 Answers | Asked in Bankruptcy, Consumer Law and Real Estate Law for Texas on
Q: New build home being foreclosed on by bank due to builder bankruptcy. What happens to my contract and builder deposit?

I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More

James L. Arrasmith
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answered on Jan 3, 2024

In a situation where your new construction home is facing foreclosure due to the builder's bankruptcy, the fate of your contract and deposit can be complex and uncertain. The contract you have with the builder may be considered an asset of the builder's bankruptcy estate, and its handling... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Real Estate Law for Texas on
Q: New build home being foreclosed on by bank due to builder bankruptcy. What happens to my contract and builder deposit?

I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More

John Michael Frick
John Michael Frick
answered on Jan 3, 2024

I agree with other counsel and will note that Texas has a specific statute--the Texas Construction Trust Fund Act--that requires payments made to a contractor under a construction contract to be held in a separate construction account with a financial institution if the contract is for improvements... View More

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1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Can an apartment keep my deposit if I never moved in?

I recently applied for an apartment in Texas. I paid an application fee and deposit, totaling $850. I decided on another property and notified this property that I would no longer need the apartment. They said they are then allowed to keep my entire deposit because I canceled my application after I... View More

T. Augustus Claus
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answered on Dec 29, 2023

Typically, landlords are entitled to keep application fees to cover the costs associated with processing the application, such as background checks and administrative expenses. However, retaining the entire deposit if you decide not to move in may be subject to the terms outlined in the lease... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Would a Pro Se plaintiff send exhibits to the court and defendant upon filing or not till discovery?
John Michael Frick
John Michael Frick
answered on Dec 28, 2023

Exhibits attached or appended to a petition, motion, etc. should be electronically filed and served with the petition, motion, etc.

Other relevant documentary exhibits should be served upon all parties, but not filed with the court, with your initial disclosures within thirty days of when...
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1 Answer | Asked in Consumer Law for Texas on
Q: Money Transfer Service Never transferred my money.

I had sent a transaction worth $50,000 from USA to Overseas via a money transfer service. Service did deduct amount from my US bank account and promised a 2 days timeline. After two days I was informed that money is sent. after 2 more days I contacted recipient overseas who said nothing came in... View More

James L. Arrasmith
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answered on Dec 25, 2023

Yes, you can pursue legal action against the money transfer service for their failure to complete the transaction and the subsequent delays and miscommunication. You may have grounds to sue for breach of contract, as they did not fulfill their obligation to transfer the money within the promised... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Can I sue a UPS so they can pay for 100% of my package because they did not offer me insurance?

Hello. I shipped a UPS package, but the UPS employee didn’t do their job correctly and did not offer me insurance, they didn’t even ask me what was in the box. My package was damaged, and now they only want to give me $100 to cover the package. My package contained an iPhone 14 and an iPhone... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

No, you do not have a valid claim against UPS solely because it did not verbally offer you additional insurance at the time you shipped your package.

UPS widely advertises that it only provides $100 of protection for loss and damage unless a customers declares a higher value and purchases...
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