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Texas Small Claims Questions & Answers
1 Answer | Asked in Identity Theft, Personal Injury and Small Claims for Texas on
Q: Going Thur a identity theif I don't know how to do it. But I honestly believe it is at home thing and four years of
Tim Akpinar
Tim Akpinar answered on Nov 20, 2020

A Texas attorney could advise best, but your post remains open for four weeks. When you say you are going through identity theft, it isn't fully clear whether you were the victim... or whether you are being accused of committing identity theft by authorities. If you were a victim and had your... Read more »

1 Answer | Asked in Car Accidents and Small Claims for Texas on
Q: My vehicle was damaged by another driver backing out of a parking lot and now I'm suing, what can I do?

I was driving through a parking lot and a driver backed out whilst I was behind his vehicle and dented my fender. He claimed that he did not hit me to his insurance so they said it was a he said/she said since there was no damage to his vehicle. I have a third party witness that saw the incident... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 9, 2020

A Texas attorney could advise best, but your post remains open for three weeks. As a general matter, it sounds like you prepared extensively to make your case. You took the effort to obtain the statement of a witness. Something to think about (if it is still available) could be an surveillance... Read more »

1 Answer | Asked in Identity Theft, Personal Injury and Small Claims for Texas on
Q: Going Thur a identity theif I don't know how to do it. But I honestly believe it is at home thing and four years of
Tim Akpinar
Tim Akpinar answered on Nov 5, 2020

A Texas attorney could advise best, but your question remains open for two weeks. From the brief description, it isn't clear whether you're a victim of identity theft or you're a defendant facing identity theft charges. If you are the victim, carefully review your banking, credit... Read more »

1 Answer | Asked in Employment Law and Small Claims for Texas on
Q: My Previous employer is attempting to alter our severance agreement in order to deem me ineligible for severance pay.

Per our signed agreement my employee end date was 10/7/20. Per the agreement the severance pay can only be forfeited if I am offered a position BEFORE this end date of 10/7/20. I was offered a position on 10/16/20. At this time they went into the system without my knowledge or consent and changed... Read more »

Carrie Dyer
Carrie Dyer answered on Oct 21, 2020

It sounds like your employer may be in breach of your agreement. You should immediately contact an attorney in your area for assistance interpreting the agreement and contacting your employer.

3 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Texas on
Q: Is the vehicle owner liable instead of driver in Texas? Can the owner be sued?

Driver was not the registered owner. A claim was then filed against her insurance company after the accident. She provided her insurance information to me. Her insurance declined the claim. The Insurance do not provide liability coverage for any person for that person's liability arising... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 4, 2020

In theory, an injured Plaintiff might sue the owner of a car even if the owner was not driving under a cause of action for "negligent entrustment."

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1 Answer | Asked in Small Claims for Texas on
Q: Are cause of action elements required to be proven in small claims courts in Texas?

I have a friend who was sued in small claims court by a debt buyer for "account stated" cause of action. I helped him with his defense and he required the debt buyer to prove the four elements needed to show "account stated" cause of action. But the judge totally ignored the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 7, 2020

A Texas attorney could advise best, but your question remains open for two weeks. You are correct; a plaintiff must establish the elements of their cause of action in any forum, whether supreme court or small claims. It's difficult to say exactly what happened without seeing your file, but the... Read more »

1 Answer | Asked in Consumer Law, Construction Law and Small Claims for Texas on
Q: Roofer put wrong shingles on my roof. What can I do?

We have had our roof replaced which was covered in our insurance. He came and we agreed on a color and he gave us the packet with a brochure with our selected shingle color and style. When he filled out the contract he did not put down the same style as the brochure we had agreed to. The specific... Read more »

Matthew Scott Williams
Matthew Scott Williams answered on Aug 25, 2020

Yes. You may certainly ask that the issue be remedied; however, whether the roofer will agree is unlikely.

Unfortunately for you, Texas courts strictly enforce the "four corners" of a contract - meaning the parties are held to the actual words and their plain meaning contained in the contract.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for Texas on
Q: What if my counterclaim is NOT within the jurisdiction of the court in Texas, like more money than the court allows?
Tim Akpinar
Tim Akpinar answered on Aug 15, 2020

A Texas attorney could advise best, but your question remains open for three weeks. I can't speak for the state court system in Texas, but as a GENERAL matter in many jurisdictions, what can typically happen if a counterclaim exceeds the court's limit is that the matter can be removed to... Read more »

2 Answers | Asked in Construction Law, Real Estate Law, Small Claims and Energy, Oil and Gas for Texas on
Q: I received a $1000 water bill for 2 weeks only at my vacant house

Hello, I received a $1000 water bill for 2 weeks only at my vacant house. I did not use any water because I locked the exterior water faucets and interior water shut off valves. When a city private contractor installed a smart point on the water meter, the software went wrong. Then the data... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 21, 2020

A Texas attorney could advise best, but your post remains open for two weeks. From your question, it sounds like you're under the impression this is a law firm, because you ask for representation. This is only a question and answer board. Before pouring money into exploring the possibility of... Read more »

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1 Answer | Asked in Business Law, Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Can a tow company keep my car for Sunday and charge me for it because they aren’t open?

He told me they close at 4 on Saturday and closed on Saturday And open at 8:30 Monday but I read online they have to be open 8 Monday and till 5 on Saturday and open Sunday

Tim Akpinar
Tim Akpinar answered on Jul 7, 2020

A Texas attorney could advise best here, but your question remains open for two weeks. As a GENERAL matter in most any jurisdiction, the answer is generally yes. Such facilities, as a policy, do not suspend accrual of storage fees on Saturdays and Sundays. A Texas attorney could advise more... Read more »

1 Answer | Asked in Consumer Law, Divorce, Libel & Slander and Small Claims for Texas on
Q: If a married couple are both on a car title is it legal for one of them to use that title for another loan without

Approval or without telling the other person

Kelly Case
Kelly Case answered on Jun 25, 2020

While it is not the best practice for a loan company to grant a loan with only one of the married couple's signature on the documents, there is nothing illegal about it. Unless a divorce was currently pending and the County in which it was filed had instituted Standing Orders preventing the... Read more »

1 Answer | Asked in Small Claims for Texas on
Q: A couple wants to take us to Small claims court over a cat we sold to them.

A couple wants to take us to Small claims court over a cat we sold to them. We gave them paperwork we received from the past owner and all her things. They say the cat was not spayed and all the paperwork we gave them was fake. We did not know the paperwork was fake when we sold it to them and also... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 19, 2020

First, IMO it is unlikely that the police will get involved in this based on the facts you presented. You had no reason to doubt the papers you received from the first owner. Is the couple also going to sue the CAT? Lots of people do that these days. If they really want to go to Small Claims over... Read more »

1 Answer | Asked in Elder Law, Small Claims and Contracts for Texas on
Q: someone ripped me off on home repairs

they claimed to know what to do. a local handyman service. found them on facebook marketplace. they didn't do the job right. i paid for materials and paid 500 for work. it was the underneath of the belly of my trailer. now the insulation is hanging down and the belly is on the ground- what... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on May 27, 2020

Take good pictures. Keep your written contract. File in Justice of the Peace (small claims) court.

1 Answer | Asked in Small Claims for Texas on
Q: My apartment complex tree fell on my cars I need to know the steps to filling a lawsuit to get my vehicles fixed
Tim Akpinar
Tim Akpinar answered on Apr 19, 2020

A Texas attorney who handles smalls claims work could advise best, but your post remains open for two weeks. Before going through with the expense and time in moving ahead with a lawsuit, look into whether the complex has insurance that would cover the damages. At this point, it's possible you... Read more »

1 Answer | Asked in Car Accidents, Gov & Administrative Law, Insurance Defense and Small Claims for Texas on
Q: Is it possible to sue Texas DPS for negligence ?

After failing a driving test, the DPS tester got out of the car, and instructed my daughter to drive around and park the car, while I was waiting in the designated area. While doing so, she hit another car. As a result my insurance premium got significantly higher. I am pretty sure that the tester... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

A Texas attorney could advise best here, but your questions remain open for four weeks. It looks like a case where the defense could possibly ask jurors to question why student driver's operation of motor vehicle was not supervised by licensed family member, if that was feasible. At this... Read more »

1 Answer | Asked in Products Liability, Business Formation and Small Claims for Texas on
Q: Quick question, I have not received my refund for almost four months from Adidas. I've called them more than 3-4 times!

But no luck! I wanna sue them, cause this has been going on for a long time and every time I call them, they say they are sorry and they are going to refund it and all! But nothing... Even local shops just would refund in a day or two, but every time I call them, they say it is in the process and... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 23, 2020

A Texas attorney who deals with consumer rights issues could advise in the most meaningful manner here. But your question remains open for four weeks. Keep in mind that in pursuing a lawsuit, your time lost from work/school in going to court, handling paperwork, etc. could run you more than the... Read more »

1 Answer | Asked in Small Claims for Texas on
Q: Can my neighbor shine a motion light in my driveway not their property so it only goes off when I go in and out?
Tim Akpinar
Tim Akpinar answered on Mar 18, 2020

Your post remains open for three weeks, and is an issue which state legislators, city council members, or other local government officials might know better than attorneys would, even real estate attorneys who deal with property rights matters. You could consult with a Texas attorney who deals with... Read more »

1 Answer | Asked in Criminal Law, Collections, Lemon Law and Small Claims for Texas on
Q: can i report my car stolen?

Transmission went out, shop picked it up and towed it to their location. Tore it down and diagnosed it. The contract says it’s $599 for tow and tear down. He told us $1480 to repair it. We said okay. He then jacked the price up to $2480 saying “there was more problems”. Fast forward a year... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 10, 2020

This is a civil matter. Theft requires the state to prove intent at the time the property initially changed hands.

1 Answer | Asked in Criminal Law and Small Claims for Texas on
Q: I was carrying my friend and her phone fell out her pocket and now she wants to sue. Can she? Also we're both minors

One day I was carrying her in my arms and her phone (which was in her jacket pocket, easy for something to fall out of) fell out. Note we're both minors. Both me and my mom refused to pay for damages, and so my friends considering suing my mom, because she thinks that since she has legal... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 12, 2020

You can sue anyone for anything but that doesn't mean you will win. That type of lawsuit is a matter of civil law, not criminal law.

With regard to criminal law, it is possible that you committed the crime of Assault for touching her without permission, possibly Unlawful Restraint,...
Read more »

1 Answer | Asked in Animal / Dog Law, Car Accidents and Small Claims for Texas on
Q: I hit a dog that ran in front of me on the road and my car is damaged,the person told me they've got no homeowners/

Rental insurance cause they're renting from a relative, I had no way to avoid the dog, is it worth going after the person to get my $501 deductible back I'm having to pay for my insurance to fix my car?

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

It's up to you. Understand if you get a judgment and they have no money, then you have to chase them for that.However, if your car insurance goes after them they should give you back the deductible.

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