I work at a restaurant in Fort Worth. We booked a musician to play, then we had to cancel him 25 hours before hand. There were no contracts signed, no verbal or written agreements that we would pay a cancellation fee and there is no verbiage on his website pertaining to cancelled shows. I scheduled... Read more »
Oral agreements are enforceable in Texas. If the musician was not able to book a new gig for the same amount of money you agreed to pay him, he likely can successfully sue you for that amount arguing that you repudiated the agreement when you cancelled the gig on such short notice. He might be...Read more »
Go to the justice of the peace court for the precinct where the leased premises are located and fill out the complaint form. File it with the clerk there. They most likely will give you an informational brochure or sheet on what you should do next.
In order to leave an emotionally abusive relationship, I had to leave without my dogs. The dogs were abandoned in our care by his sister 3 years ago. She told my ex that we could keep them or give them to her dad, who is disabled & unable to care for pets. Giving the dogs to the dad would... Read more »
A: You should make sure the process server has properly filed the return of service and then file a proper motion for default judgment attaching the required evidence that the party you sued is not on active duty in the armed forces of the United States, and the required certificate of last known...Read more »
I have an issue with a landlord who filed a wrongful eviction on us in March 2022. The Justice of Peace allowed the eviction, so we appealed his decision. We had the appeal hearing on June 13, 2022 in County Court & won at trial. We were awarded an order of "Take Nothing Judgement"... Read more »
Since you didn’t appeal the second eviction case, your best course of action is to move all your stuff out and secure a new place to live. Otherwise, your property will likely be placed on the curb and could get damaged or stolen.
Whether the second eviction judgment is “legal” or...Read more »
The law allows you to recover the reasonable "cost of repair" for property negligently or intentionally damaged by another person, regardless of who repairs it and regardless of whether it is repaired.
For example, it is not uncommon in an older automobile that the cost of...Read more »
I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... Read more »
How do I make an adjustment to what I am suing for in county court. I need it to be slightly different then what I wrote on the petition and said in small claims court. For example I put, I was suing for DTPA. I am now wanting to sue for DTPA and or in replace of the price of the car. How do I go... Read more »
You should ask your attorney to amend your petition.
Small claims court is a very different forum than county court. In county court, you will not have a simple "appointment," you will have a trial. You will be required to follow the Texas Rules of Civil Procedure in...Read more »
On August 22, 2022 my husband purchased a dozen Donuts and brought them home for us to eat. My niece was biting into her donut and started spitting out pieces of it and yelled ugh a bug is in my donut. I grabbed a napkin and then my phone and took a close up pic and saw it was actually a bug cooked... Read more »
A Texas attorney could advise best, but your question remains open for two weeks. You could sue, yes. But you probably mean can you sue in a case that would be meaningful. I think that most law firms would be reluctant to handle such a case on a contingency basis. Your experience may have been...Read more »
The contract was signed last year 7/21. After the money was sent, the individual vanished. I tried several times to collect payment. The money was indented and written for the investment of an 18- wheeler truck. The contract also stated I could have rights to drive. At this time I'm not... Read more »
My wife had some speakers installed in the vehicle. Invoice and paperwork is in her name. The dealership will not allow her to get her equipment out of the vehicle saying they will dispose of it after 15 days. Is this legal and does she have a small claims case?
Speakers which are permanently affixed to a motor vehicle (such as by being wired into the vehicles sound system or being screwed in place) become part of the motor vehicle. If the dealership has a legitimate claim to keep and dispose of the vehicle (e.g. a purchase money lien or mechanic's...Read more »
I live in a complex that is owned by an LLC. The registered agent for the LLC is also the on-site property manager. When filing evictions instead of paying the filing fees she submits an Affidavit of Inability to Pay. She is not included as a plaintiff in the suit. Only the LLC is listed as... Read more »
You have raised a serious question. I woould like to see the Affidavit filed requesting a waiver of the filing fee. If the LLC is owned by the person filing for the fee waiver, it might be allowed. But if the LLC is not a little mom & pop business, and they have many units, it might be fraud....Read more »
The question above is relating to two people, one is the seller withholding information and the items purchased and the other is the buyer being lied to and cohearce into helping the seller to pay for their bills and will not deliver the paid goods unless paid otherwise. Is this extorsion, can you... Read more »
Law enforcement might refuse to get involved because it is NOT a crime unless there is reason to believe that the seller already had the INTENT to keep the money without delivering the goods AT THE MOMENT the money changed hands. Basically, a scam.
The person who purchased the car from an auction kept it for a year then sold it to a 25 year old kid which kept it for a year and then sold it to the person that I bought it from which had no clue the car had even been damaged. what could the person who is responsible for all of us wasting our... Read more »
So there is so many actors in this mess that I can not imagine any prosecutor would bother with a prosecution. The one exception would be if this is part of a bigger scam by someone and this is just one example of that larger scam....Read more »
I am a truck driver. In one of my deliveries, my trailer was damaged by one of the employees of the warehouse. They have accepted responsibility but have neglected my claim for the diminished value of mu trailer. I was going to sell it for 70k but now due to the accident the value of the trailer... Read more »
A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for the damages to your trailer. You have a number of options. The first would be the cheapest, which is trying to continue negotiations. At this point, you may have already resolved the matter. But if...Read more »
Title. The car was repossessed after I fired their son and I guess they stopped making payments then. The Lien holder gave me the car with my name as the customer without any payment due and I have a paper with all information saying so. Would the car then be mine?
If you only paid the lienholder, but not the actual seller, then the vehicle would still belong to the seller. The lienholder can only release its lien; it cannot give you title to the vehicle (unless the lienholder had repoed the vehicle).
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