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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Texas on
Q: I used to have bad credit, but over the years they have dropped off and now I have a good credit score.

I recently received a letter from the court about two credit cards that I had defaulted in the past. They are not even on my credit report anymore. Should I still go to court? I called the court and was told the judge is cleaning up his books not sure what that means.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 1, 2019

Take the letter to a lawyer for a consultation.

1 Answer | Asked in Consumer Law for Texas on
Q: I have a citation from the court mailed to me first class and a guy left it on my door.

I want to know if I got served for unpaid credit card. They mailed the citation and a guy left it on my doorstep. But I never talk to the guy in person. He left a copy, seems to be a citation saying I have been sued. Can I still call the collection to settle the payment or is it too late? Or call a... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 1, 2019

Talk to a lawyer before you make any agreements with the credit card company and do not make any payments until you have spoken with a lawyer. Yes, it's legal for them to serve you by leaving it on your door.

1 Answer | Asked in Consumer Law, Estate Planning, Banking and White Collar Crime for Texas on
Q: The SDPOA is a sad joke. By not specifically requiring signature on each page, it's being manipulated by fraudsters.

A criminal title company and mortgage lender allowed an unfaithful agent to have pages changed in the SDPOA *after* it was signed by the principal, turning a permission for limited and time constrained refinance into an open ended home equity loan permission (which is also in violation with federal... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 23, 2019

Like many elder and estate planning lawyers, I not only customize the document and paginate in as page x of y but require initials, birthdate and date signed on every page. We cannot protect people who simply download and sign the statutory form. Consult an elder lawyer about a suit for fraud and... Read more »

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Inn keeper don't not take funds as I have tryed many times over months to pay my bill they write my numbers down an put
Tim Akpinar
Tim Akpinar answered on Sep 13, 2019

An attorney would need some additional information here to offer any kind of input. Are they rejecting the form of payment you use? Is there another underlying issue why payment isn't accepted? With some additional facts, maybe a Texas attorney could offer some meaningful guidance. Good luck... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Texas on
Q: Used car dealer sold me a car with problems and after the maker agreed to repair my car, it's been 13 months!!

My car year/make/model is directly related to at least 2 class action lawsuits, (I did not partake in)

My car has been at a local dealership since July 2018 and no news, every time I call I get, "we are still waiting on ur engine to arrive, it is on backorder"

At the time of my used... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 5, 2019

'Sorry that your question was not picked up in four weeks. At this point, you could contact a Texas lemon law attorney and go through your folder in detail with them, bringing to their attention your information involving the class actions. Good luck

Tim Akpinar

2 Answers | Asked in Consumer Law and Criminal Law for Texas on
Q: My mother was scammed in texas..by sending money for a " sweetstakes" ..another woman was scammed into sending a cashier

Chashiers check to my mom who deposited it in her account and wired money as instructed to the scammer...ive just found out she is facing charges IN NEW JERSEY!! ( we are in texas) can that even be legal?

Gary Kollin
Gary Kollin answered on Sep 3, 2019

No. Report it to the authorities

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1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: can a car dealership choose which customer gets warranty on vehicle
Tim Akpinar
Tim Akpinar answered on Aug 23, 2019

As a general matter, dealerships don't usually care which customer gets a warranty as a personal matter. However, they can choose in the sense of someone getting a warranty and a subsequent buyer of the vehicle attempting to enforce it. That would depend on whether the warranty was transferrable or... Read more »

2 Answers | Asked in Consumer Law and Civil Litigation for Texas on
Q: My friend is not repaying money which I lent.I have text msgs as proof that I lent him money.How can I get my money back

My friend was investing in a business with his partner and was looking for money. I lent him some money for which he said he would give me a share in the business he is investing. He came back later and said that his partner cheated on him so he is unable to repay me. There are text messages in... Read more »

Gary Kollin
Gary Kollin answered on Aug 21, 2019

Sue him

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2 Answers | Asked in Car Accidents, Consumer Law, Libel & Slander and Wrongful Death for Texas on
Q: Where and how could I find the copy of a thirty year old out of court settlement resulting from a wrongful death case?

Almost thirty years ago, my husband died in a car accident in which I was badly hurt too. A wrongful death case was brought against the party responsible and eventually settled out of court. Now, the brothers of my deceased husband have filed a criminal case in another country against myself,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 20, 2019

if it was an estate then the estate would have been set up in the county where it happened. That would have shown if there were heirs.

In most states, and I believe in Texas, the spouse gets everything unless there are children. Brothers get zero. That's if there is no will. Even if there...
Read more »

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1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: can a car dealership choose which customer gets warranty on vehicle
Tim Akpinar
Tim Akpinar answered on Aug 17, 2019

Your question appears to involve Texas consumer law (Texas appears at the end of the question, but Albuquerque, New Mexico appears at the beginning). If you are in Texas, a Texas attorney would be the best person to advise. However, your question remains open for three weeks. As a general matter,... Read more »

2 Answers | Asked in Consumer Law, Contracts and Gov & Administrative Law for Texas on
Q: I heard that if you got ripped off by a Contractor(repairs) after Hurricane Harvey you could still file claims with FEMA

I heard that FEMA will go after the fraudulent contractor and may reimburse you for your cash losses.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

You heard wrong. But YOU can "go after the fraudulent contractor" and perhaps "get reimbursed" as damages.

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1 Answer | Asked in Consumer Law for Texas on
Q: Does Texas have any mortgage litigation attorneys? When a loan servicer is obviously wrong and taking homes, ruining li

Ocwen/PHH how can a homeowner protect their investment?

Tim Akpinar
Tim Akpinar answered on Jul 2, 2019

Yes, all states do. You could try adding a couple of categories to your question/repost and hopefully it could have a better chance of being picked up by someone versed in this area - try adding banking, foreclosure, collections, real estate, and maybe insurance bad faith. Although your matter... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Texas on
Q: In Texas, should a motion to compel arbitration be included with answer to lawsuit or can it wait?

Being sued by JDB, robo signed lawsuit Im sure. I may file bankruptcy, as I am within means test easily, but would obviously prefer not to do this. I can require arbitration from the original contract to possibly get the JDB to back off, just unsure if motion to compel arbitration should be... Read more »

Timothy Denison
Timothy Denison answered on Jun 18, 2019

Include ilarbitration in answer just to be safe.

2 Answers | Asked in Consumer Law and Criminal Law for Texas on
Q: What is the difference between "Service Dispute" and "Theft of Service"? Is there a statute of limitation for both?
Grant St Julian III
Grant St Julian III answered on May 22, 2019

Theft of service is a criminal offense; a service dispute is not. The statute of limitations applies to theft of service.

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1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Banking for Texas on
Q: id="i.desc.309958765" 5/28/17

This I.D. is linked to a banking incident that occurred the same day my Wolfram Alpha files vanished from my iCloud email.

brymer2012@icloud

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2019

And your point is....what?

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Antitrust for Texas on
Q: Vehicle was hit by another vehicle. Took it to paint shop. Went over the insurance estimate and removed a few items to s

Save some money. When I went to pick up my vehicle all the repairs were done very bad. Very bad.

Then when I got the final invoice the paint shop has changed all the numbers around to make the final bill to equal the original estimate.

Which they had already sent a supplement to... Read more »

Gary D. Peak
Gary D. Peak answered on May 9, 2019

The question is, do you have your vehicle or is it still at the shop? If they still have it I would get an attorney to write a demand letter for the car and regarding the bill. If not, you can simply refuse to pay and if they report it to the credit bureaus then sue them, or if they sue you, file... Read more »

1 Answer | Asked in Collections and Consumer Law for Texas on
Q: Once a civil judgement has been entered, can the creditor send you to a collection agency and ask for more money?

My landlord file suit and was awarded $999 plus court cost. I was alerted by Credit Karma that a collection report had been made on my credit file from the same creditor but the amount is over $5K. Can they do that? When in court, they never asked nor did they receive this amount. What can I do... Read more »

Gary D. Peak
Gary D. Peak answered on May 6, 2019

The answer starts with that depends. If this is an old judgment the post-judgment interest could have raised teh total owed to over $5000. Or possibly the judgment included attorney's fees beig awarded to the creditor. You should get a copy of the judgment if you don't have one and use an online... Read more »

1 Answer | Asked in Contracts and Consumer Law for Texas on
Q: I got lease with Carvana in September 2018. I haven't received actual tags because the state rejected them. Remedies?

I have been receiving the run around from them for months and at one point was told that it was my fault and then today I was finally told it was an issue on their end. I have been paying monthly on a car that I can't even drive. As the state keeps rejecting the registration I'm unsure if I'll ever... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

It is very hard to believe that this has been going on since September 2018. Why? Unless you are able to drive the lease car there is no reason to continue paying for it. The company that OWNS the vehicle is responsible to see that the vehicle can be driven lawfully in Florida, and see that the... Read more »

2 Answers | Asked in Car Accidents, Consumer Law, Small Claims and Products Liability for Texas on
Q: Who is liable for repair costs of my truck that caught fire from lithium battery?

My truck caught fire while I was driving. Firefighters informed me the cause of fire began from weed eater Ryobi 18v lithium battery in the bed of my truck. I purchased from Home Depot. I have been advised by Ryobi employee to file an insurance claim with my car insurance. I would prefer not to do... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 26, 2019

As you didn't cause the claim and as they would have a "subrogation claim" your rates shouldn't go up.

You want your vehicle fixed or totaled. Don't worry about your company.

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1 Answer | Asked in Contracts, Landlord - Tenant, Consumer Law and Products Liability for Texas on
Q: Void a rental contract because smells of the previous tenants death (unattended).

I signed into a least contract that was deceptive at viewing I learned too late. all windows were open at showing, I thought to show off the many windows in the unit. It was a look and lease and after signing and paying, the finally gave me keys. when windows closed smells of death. previous tenant... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

You may have sufficient legal reasons to allow you to get out of this lease; However, you should take the lease and all related documents to a local lawyer and ask for their assistance.

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