Ask a Question

Get free answers to your Contracts legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Contracts Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Personal Injury and Small Claims for Texas on
Q: How can I sue a mechanic for engine damage in Texas?

I hired a mechanic I found on the Nextdoor app to change the coolant in my Jeep. After his work, the engine was damaged, resulting in a banging noise and the vehicle not staying on. The repair costs are estimated at $5,000. The mechanic has since blocked me and I'm considering suing for... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

You can legally sue for any damages to your Jeep that was caused by the mechanic. Because the cost of repair is $5,000, you can bring a small claims suit in the Justice of the Peace Court for the county and precinct where the mechanic resides or where the damage was done without needing an... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Texas on
Q: Ways to exit a problematic rent-to-own lease for a trailer home in poor condition.

My son signed a rent-to-own lease for a trailer home that's in poor condition. The stairs are falling apart, the tub doesn't drain properly, and the gas stove can't be used because the trailer only has electricity. The lease is for 70 months. I'm visiting this Friday to review... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

First and foremost, review the rent-to-own lease itself. It should indicate who is responsible for maintenance and repairs and whether the tenant must first obtain written approval from the landlord. It should also indicate any cancellation procedure including any required notices.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Texas on
Q: Can I represent my incarcerated mother in a partition suit in Texas with a power of attorney?

I would like to represent my mother, who is currently incarcerated, during a partition suit in Texas. I am not an attorney, but my mother wishes for me to ensure she is treated fairly in the division of proceeds. She intends to give me power of attorney for this matter. I have spoken to the... View More

Alisha Melvin
Alisha Melvin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2025

Sometimes a POA is sufficient to represent an incarcerated person. In this case though it seems as if a Receiver has already be appointed by the court in the partition suit. I would go ahead and execute the POA and also file a letter into the partition suit asking for all notices as in interested... View More

1 Answer | Asked in Criminal Law and Contracts for Texas on
Q: Facing unauthorized vehicle use charge in Texas after borrowing a truck

Earlier this year, a friend loaned me his truck for about two weeks to assist with my move out of state. During this time, the truck got reported as stolen. The friend mentioned in a statement that a welder went missing four days before he let me borrow the truck, and there are text messages where... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2025

The trouble is that you pled guilty in OK. I'm assuming that you pled because you got 19 months of probation. The fact that you said you were guilty, makes it easy for the Prosecutor to prove the same case when you went over the border into Texas.

You do list some compelling facts...
View More

1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for Texas on
Q: How to appeal for unjust enrichment after losing a case?

I recently renovated over 80% of a residence, but the court case held on 3/4/25 ruled in favor of the Plaintiff. There were no agreements in place regarding the renovations. I am not currently working with a lawyer and need guidance on how to appeal for unjust enrichment to seek a favorable outcome.

John Michael Frick
John Michael Frick
answered on Mar 6, 2025

To file an appeal, you need to file a notice of appeal within 30 days of the date the final judgment was signed. An appeal is not a DIY project. You need to hire an attorney who practices in the area of civil appellate law in the appellate district where the trial court is located. You should... View More

1 Answer | Asked in Banking, Contracts, Employment Law and Family Law for Texas on
Q: Is my spouse's transfer from our joint account to his savings legal?

I have been in the U.S. for over 10 years, and my spouse and I have a joint account. Recently, I discovered that he has been transferring money from our joint account to his personal savings account, claiming it's for his bonuses. However, I've found instances from bank statements where... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2025

Yes, it is legal. Because it is a joint account, each of you has the right to make withdrawals or transfers of funds. It may, however, be a breach of his fiduciary duty to you as his wife if he uses any of the funds he transferred into his separate savings account without your permission... View More

1 Answer | Asked in Criminal Law, Business Law and Contracts for Texas on
Q: Have I committed a crime by using a business credit card for unauthorized purchases?

I've been using a business credit card issued by a pool technician company for pool-related expenses and gas for my truck. I ended up purchasing retail items and food from grocery stores and restaurants, which were not authorized. The employer verbally mentioned the card's intended usage... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2025

You should immediately repay any unauthorized charges in full to avoid being charged with a crime. Legally, the question is did you exceed the authority given to you by the company to use the company credit card. "Purchasing retail items and food from grocery stores and restaurants"... View More

1 Answer | Asked in Employment Law and Contracts for Texas on
Q: Can I sue a company in Texas for underpayment and financial injustice?

I was hired to make payments on a truck for a company and have found that, after all deductions, I am underpaid. My paychecks document this underpayment, and I have numerous Electronic Logging Device messages requesting more miles for a bigger paycheck. Despite my efforts, I am required to work... View More

John Michael Frick
John Michael Frick
answered on Feb 24, 2025

This sounds more like a contract issue than a tort issue, so it is highly unlikely any sort of punitive or exemplary damages are available to you.

If you are an employee of a trucking company and are being underpaid, you can report the underpayment to the TWC by filing a wage & hour...
View More

1 Answer | Asked in Business Law, Contracts and Employment Law for Texas on
Q: Handling conflict of interest with two competitor employers in hospitality industry in Texas.

I work in the hospitality industry and have accepted two jobs with different companies. My first job is with a large hotel chain where I work as a sales manager at the property level. The second job, which I haven't started yet, is with another chain for a business development role focused on... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2025

Even in the absence of a written agreement, an employee is an agent of his employer, the principal, and as an agent owes certain fiduciary duties to the employer. Among these is the fiduciary duty of loyalty which would preclude the employee from working for a competitor without the... View More

2 Answers | Asked in Car Accidents, Contracts and Personal Injury for Texas on
Q: Can I sue a drunk driver after taking insurance settlement?

I was involved in an accident with a drunk driver in July 2023 and received an insurance settlement. I experienced scarring and bruising from my legs to my neck. I no longer have access to the settlement agreement, so I'm unsure if it includes terms about pursuing further legal action. Can I... View More

John Michael Frick
John Michael Frick
answered on Feb 18, 2025

It depends on whether you settled with your own insurance company or with the drunk driver's insurance company. If you settled with the drunk driver's insurance company, the settlement almost certainly included a release of all claims by you against the driver.

View More Answers

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Contracts for Texas on
Q: Clarify bail bond POA and indigent status issues in Texas.

In Montgomery County, Texas, I posted a bail bond for $500 and later realized there was a Power of Attorney (POA) granted through the bond without my knowledge. I've never seen or had the terms explained, and I'm unsure about any financial implications. In addition, there is confusion... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2025

When you enter into an agreement with a Bonding company, you sign a contract. You are then bound to the terms. There are lots of rules that the Bond Co. must follow. You can see the rules in the Penal code. It is available on the internet.

The $400 is probably the pro-rated fee for your...
View More

1 Answer | Asked in Contracts and Business Law for Texas on
Q: Consulting for employer through LLC while under non-compete in TX?

I am currently employed as a venue manager by a wedding venue in the wedding and event planning industry. I signed a non-compete agreement that states I will solely work for the company and not engage in wedding coordination or planning for other venues while employed. I also own an LLC from a... View More

John Michael Frick
John Michael Frick
answered on Feb 14, 2025

You actually have two issues.

First, the language of your non-compete will determine whether your proposed consulting work through your own LLC violates your agreement with your employer. Most non-complete agreements would prohibit such work.

Second, you appear to also have an...
View More

2 Answers | Asked in Contracts and Internet Law for Texas on
Q: Need help with a company (in an agreement) that is charging me for e-mail addresses that I can't use (CAN-SPAM act).

I have signed an agreement with an online company (ZoomInfo) where I pay a monthly amount for a period of 24 months. The information that they provide is contact information for business individuals where I can filter for a specific targeted audience. They provide company names, individual names,... View More

John Michael Frick
John Michael Frick
answered on Feb 7, 2025

Your understanding of the CAN-SPAM Act is flawed. You actually can send out cold intro emails without prior consent, but the Act requires such emails to meet certain specified criterion. Among other things, the email must indicate that it is an advertisement and must have an... View More

View More Answers

1 Answer | Asked in Contracts, Personal Injury, Arbitration / Mediation Law and Domestic Violence for Texas on
Q: My ex illegally evicted me, I was homeless for 4 months. Can I recover $6000 it cost me + pain, suffering in small claim

He was psychologically abusing me for months, when I finally confronted him about him intentionally changing our moving plans at the last possible moment, and postponing the move for ridiculous reasons, He left me in the desert 40 miles from anything. I had to hitchhike for hours and found him at a... View More

John Michael Frick
John Michael Frick
answered on Jan 15, 2025

Yes, Texas recognizes a lawsuit for wrongful eviction. Because the damages are $20,000 or less, you should file this case as a small claim in the justice of the peace court where the premises are located. In JP court, you do not need an attorney. The cost of an attorney would ordinarily be more... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: The defendant's commercial liability insurance if offering to pay for damages, but not legal expenses.

Last year in Texas I hired a contractor to work on our house as part of an insurance claim. He offered to reimburse me for what I paid the public adjuster when the insurance company slow-walked the process, after I had paid him the full amount for a completed job. I paid him the agreed price. He... View More

John Michael Frick
John Michael Frick
answered on Jan 4, 2025

It would be highly unusual for a commercial general liability policy to cover your legal fees and expenses. That doesn’t mean you can’t get a judgment against the contractor—only that the insurance company is not contractually obligated to pay such fees and expenses on the contractor’s... View More

2 Answers | Asked in Business Law, Construction Law, Contracts and Real Estate Law for Texas on
Q: We bought a mobile home on a 25 year contract, but it is not structurally what they told us it would be. Lawsuit?

Can a mobile home manufacturer sell me a house on false pretenses? The manufacturer told us on the phone with the sales person that all studs on the interior of the home would be on 6” centers. That’s not the case. There are 24” centers in the entire inside of the double wide mobile home.... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

Your rights will depend heavily on your sales contract, warranty, and other written documentation. It would be extremely unusual to be able to enforce a verbal conversation with a sales representative that substantially varies from the contents of those documents.

That being said, most...
View More

View More Answers

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Texas on
Q: Write a subpoena to produce documents. Store location is in a Texas County but corporate headquarters in another state.

* Subpoena Local Store Operating in Texas for Documents; However, Corporate Headquarters is in Another State

I need to subpeona a store to produce documents in a proceeding in Texas. The local store is operating in Dallas County, Texas; However, the corporate headquarters is located in... View More

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

If a corporation is operating a store in Texas, it is required to obtain a certificate of authority from the Texas Secretary of State and to have and maintain a registered agent for service of process in Texas. If it fails to do so, then the Texas Secretary of State is an agent for service of... View More

1 Answer | Asked in Contracts for Texas on
Q: I had some work done on my property via a contractor who rented a dumpster. The rental company is now threatening me

They are threatening me with a mechanics lien, can they do this and what does it mean?

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

Yes, a dumpster company can put a lien on your property if it is done in a timely and proper manner under the Texas Property Code.

If you already paid the contractor, you may have a claim against the contractor under the contractor's "all bills paid" affidavit. Check your...
View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Is it against the law to rent a apartment in Texas if there is no locking mechanism on the front door and no smoke alarm
John Michael Frick
John Michael Frick
answered on Dec 2, 2024

Yes. As a tenant, you have remedies under the Texas Property Code if your landlord has not provided both a smoke alarm and a locking mechanism on the doors. You should give the landlord written notice in the form specified by your lease agreement to install both a smoke alarm and a locking... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Apt manager obtaining signature of a Resident with a third party who hasnt signed the addendum to the Rental Deed. Is it

Legit? Towing the vehicle of a DISABLED without NOTICE just on the pretext that new LP details couldnot be conveyed to My Vip parking portal though the first time registered is done 5 months ago. Despite having my details with them not informing me before towing tantamount to utter disgrace,... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Sorry to hear about your LL problems.

There is no such thing as a rental deed. It's either a lease or an agreement to rent living space in TX.

The terms of any lease in TX, can be made or changed by the Landlord "LL" and Tenant, as long as BOTH agree. If you pay extra...
View More

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.