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Texas Small Claims Questions & Answers
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.

1 Answer | Asked in Traffic Tickets, Collections, Municipal Law and Small Claims for Texas on
Q: Can a 15 yr old traffic ticket in my maiden name still be pursued or can it be dismissed since it's not my legal name?

A small TX county sent me a postcard saying I had an outstanding criminal case against me pending. Called the county and was told their software was updated so all outstanding tickets were being pursued. No warrant yet, drivers license eligibility is still good. Need to find out how far back TX DPS... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Yes, a 15 year old traffic ticket can still be prosecuted even if the citation was issued in your maiden name and you are now married. The question is: were you the individual who was issued the ticket back then, regardless of what your name was or is now. Request an abstract of your record from... Read more »

1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: Concerned over wording of Debt Settlement Agreement.

I offered a one-time lump sum payment to settle a debt with a third-party debt purchaser and received a settlement agreement that is worded like the following:

"This letter agreement shall confirm that Defendant "Name", has agreed to pay and Plaintiff "Name" has... Read more »

Elaine Brown
Elaine Brown answered on Jan 16, 2020

I am always concerned when an agreement is not clear in its wording. You might ask that the wording be changed to allow you to feel more comfortable before signing. I would suggest that you allow an attorney to review the letter for you as they may be able to determine more from actually seeing... Read more »

1 Answer | Asked in Small Claims for Texas on
Q: If someone else loans my car out and i lose it because of impoundment who is responsible
Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

I WOULD SAY THE PERSON THAT WAS RESPONSIBLE FOR IT AT THE TIME THE CAR IS IMPOUNDED, depending on why.

BUT OF COURSE (sorry, just noticed all caps) if the car was impounded for past parking tickets or some other reason that you are responsible for, that burden would fall on you.

1 Answer | Asked in Workers' Compensation and Small Claims for Texas on
Q: How would I go about claiming property that has been left on my property

Car left for repairs for 2 in half months, and have not been contactedsince

Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

This is not a wc question so you may want to ask it again under a more appropriate classification such as abandoned property or storage. You may be able to discover an answer by reviewing the laws for the following:

Texas Property Law

Sec. 72.101. PERSONAL PROPERTY PRESUMED...
Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Small Claims for Texas on
Q: Can you bring a defendant's service dog into the courtroom during his hearing?
Roy Lee Warren
Roy Lee Warren answered on Dec 30, 2019

I believe so (my wife said yes) but it must be a certified service dog that has current registration and training. If the dog poses a threat for some reason I am sure it would be excluded. You should be able to ask the court you plan to attend.

1 Answer | Asked in Small Claims for Texas on
Q: Which groups strongly support right to work laws ? I am very confused.
Tim Akpinar
Tim Akpinar answered on Dec 26, 2019

You could repost under Employment Law. If an employment law attorney picked up your question, they could offer you the best insight here. Your question remains open for two weeks probably because no one noticed it in Small Claims. Good luck

Tim Akpinar

1 Answer | Asked in Small Claims for Texas on
Q: I helped an now ex with a money problem and as soon as they got the money they stopped communicating can I sue

She know I like her and wanted to be with her but as soon as she received the money she stopped talking to me but said her phone was broke and had no way not even Facebook but I made a fake account and she would reply to it can I sue her in small claims court to get my money

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 18, 2019

You can attempt to sue to recover your money; however, it may be more troublen than it is worth. It might be better to cut your losses and move on.

1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for Texas on
Q: How can I stop an old house guest from causing trouble?

I had a house guest that used to live with me but my landlord kicked her out because she was causing trouble among the neighbors and overstayed her welcome. Now she's mad and wants revenge. She isn't allowed on the property anymore but she was recently seen with a police writing all of... Read more »

Roy Lee Warren
Roy Lee Warren answered on Dec 9, 2019

Thanks for your question and I am sorry for your troubles.

Once a person has been warned that they are no longer welcome on property they can be prosecuted for criminal trespass so you may want to consider calling the authorities if she shows up again. If she has made threats to cause...
Read more »

1 Answer | Asked in Bankruptcy, Identity Theft and Small Claims for Texas on
Q: I was a victim of an online scam that pretended to be a job, they scammed me and a buyer on PayPal and now I am in debt.

I was a victim of an internet scam where they claimed to be a job, and my job was to be a representative for a company called Megameda.pl, which is a huge auction site. I did research and I found out they were lying the whole time and were using my information to scam people this way it landed all... Read more »

Timothy Denison
Timothy Denison answered on Nov 23, 2019

Report this to the authorities and let them investigate and pursue it for you. That way, you’ll be protected if anyone ever comes back to you for payment.

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