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Texas Small Claims Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Small Claims for Texas on
Q: I had my car illegally towed from apartment. What can I do?

Apt did not use contracted towing company as what’s listed in my contract and outside buildings. They will not tell me a reason my car was towed. Who ever took my car did not leave any information on where my car was taken to. They did not register my car as towed, so it has been stolen. I made a... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 9, 2021

Hello, thanks for your question!

Sorry to hear about that! In regards to the fees that you are being charged, on the invoices you are receiving, there should be a phone or email address that you can reach out to figure out what's going on.

I'm a little confused - how do...
Read more »

1 Answer | Asked in Small Claims for Texas on
Q: If unmarried couple split who filed joint income tax together and one gets stimulus check can other sue for some money

In a civil court or is it just too bad until they refile their tax status

Teri A. Walter
Teri A. Walter answered on Apr 6, 2021

I don't know of any grounds for claiming half of someone else's stimulus check. But then, I also don't know of any grounds to file taxes jointly if you're not married, either.

1 Answer | Asked in Employment Law, Small Claims and Workers' Compensation for Texas on
Q: sue for not pay work comp from walmart

Walmart claim denied for my injury from work on paper dept. they did not find any evidence of my injury so I want to sue them

Carrie Dyer
Carrie Dyer answered on Mar 24, 2021

This does not sound like an employment law-related matter. You should contact an attorney in your area who practices workers' compensation law to discuss your options.

1 Answer | Asked in Energy, Oil and Gas and Small Claims for Texas on
Q: Can I sue my solar company for misleading sales tactics in Texas?

About 3 months ago, I was provided a presentation on some solar panels. There were several key points in the presentation that convinced me that this was the company to go solar with. The first year of payments was on the company, which they came through on with a check. The biggest reason was why... Read more »

Aimee Hess
Aimee Hess answered on Feb 27, 2021

The solar panel company may have violated the Texas Deceptive Trade Practices/Consumer Protection Act because of their representations to you. You may want to contact an attorney near you to review your claim in detail and contact the company on your behalf to negotiate an adjustment to the... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: Can I get a vehicle back if the loan isn't being paid?

A couple years ago I got a divorce and listed a truck as property for my ex husband. He was making the payments and the truck was always "his". Now he's not making the payments. My name is the only one on the truck and the loan. Legally it's the banks truck until it's paid... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 22, 2021

No, it's not the bank's car. Based on your description, the title made it your car, and the divorce decree made it your ex-husband's car.

In most cases, the decree provides that the person who receives the property is responsible to pay the debt. If he doesn't do so,...
Read more »

1 Answer | Asked in Small Claims for Texas on
Q: What do I do about a old debt (that I do not believe is mine) that debt collectors are contacting me about?

Back in 2006 in Illinois I appeared in court, and let the lawyer know I did not believe the debt was mine. I did not know what the debt was for, who it was owed to, etc. I was told they would look into it, and did not hear back again. I assumed they realized it was an error (wrong person). Fast... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 27, 2021

I have no idea what "PCS'd to a new state" means.

If you have debt collectors hounding you, they should be able to provide you with information about the judgment, which you can then try to verify with the court that issued the judgment.

In order to enforce an...
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1 Answer | Asked in Small Claims for Texas on
Q: Why would a Processor be bringing me legal documents
Teri A. Walter
Teri A. Walter answered on Jan 20, 2021

A process server is bringing you legal papers because you're being sued. Don't bother to avoid them, because you'll get served eventually no matter what you do.

1 Answer | Asked in Criminal Law, Small Claims and White Collar Crime for Texas on
Q: My Jeep was repo'd, when I went to collect my property from the vehicle there was $3000 of items missing.

I have receipts from everything of value stolen, including the tow truck drivers boss that released the vehicle to the transport company stating that she did see my personal property inside the vehicle before it left her lot.

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 17, 2020

If you believe that you were a victim of a crime then you can report the incident to law enforcement... otherwise, it is a matter for civil court.

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 »

Rick  Davis
Rick 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 »

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