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Texas Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for Texas on
Q: Can I file suit on a dealership that sold me a lemon car and that knowingly was being deceitful about car repairs
John Michael Frick
John Michael Frick
answered on Nov 11, 2022

Yes, if you purchased a new automobile from a dealership, you may be able to file a "Lemon Law" complaint. The complaint procedure is overseen by the Texas Department of Motor Vehicles.

The requirements and procedure are described in layman's terms on its website at...
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1 Answer | Asked in Small Claims and Contracts for Texas on
Q: If there wasnt a contract and no stipulations for cancellations and there was notice, can someone sue us in small claims

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 »

John Michael Frick
John Michael Frick
answered on Nov 7, 2022

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 »

1 Answer | Asked in Landlord - Tenant and Small Claims for Texas on
Q: How to get a small claims hearing scheduled?

I've sent the cert. demand for return of my sec. dep. letter to my ex landlord. She refuses. I don't know protocol for taking her to court.

John Michael Frick
John Michael Frick
answered on Nov 5, 2022

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.

1 Answer | Asked in Small Claims for Texas on
Q: I made a loan to a person and she added her mom as the co-signer. Can I sue both? Or just the main person?
John Michael Frick
John Michael Frick
answered on Oct 27, 2022

Yes, you can sue both or just the main person.

1 Answer | Asked in Animal / Dog Law, Domestic Violence and Small Claims for Texas on
Q: How can I obtain legal ownership of dogs shared with an ex-boyfriend who is withholding them to coerce me to stay?

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 »

John Michael Frick
John Michael Frick
answered on Oct 26, 2022

Since the dogs were given to you both, you own them as tenants in common.

You can petition a court to partition them in kind or to have them sold and divide the proceeds equally between the two of you.

1 Answer | Asked in Small Claims for Texas on
Q: So the party that I am sueing for harassment did not File an answer. Whats next if I wantt to continue?

Im interested in proceeding with the case even though the party i sued didnt answer, whats next? How do i file a default judgement?

John Michael Frick
John Michael Frick
answered on Oct 25, 2022

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 »

1 Answer | Asked in Small Claims and Landlord - Tenant for Texas on
Q: What is our next best course of action since we did not appeal?

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 »

John Michael Frick
John Michael Frick
answered on Oct 16, 2022

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...
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2 Answers | Asked in Real Estate Law and Small Claims for Texas on
Q: In small claims court can i recover for my time, lets say I fixed a damaged item myself?

Plus, if it never was repaired, am I still entitled to the cost of what it would have cost to repair the damaged item.

John Michael Frick
John Michael Frick
answered on Oct 3, 2022

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...
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3 Answers | Asked in Contracts, Real Estate Law, Tax Law and Small Claims for Texas on
Q: What to do if company won't honor warranty?

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 »

John Cucci Jr.
John Cucci Jr.
answered on Sep 10, 2022

This is a classic move by a home builder company. Unfortunately, it is time to sue.

You need to visit with an experienced lawyer who handles real estate contracts and litigation.

Your rights are in the agreement you entered into with the seller and/or builder. The details will...
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1 Answer | Asked in Small Claims for Texas on
Q: I am appealing a small claims case I lost as the plaintiff to county civil court in kaufman TX.

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 »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

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...
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1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: Roach cooked inside donut can we sue them

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 »

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2022

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 »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Small Claims for Texas on
Q: Hi! what kind of lawyer do I need? I loaned an individual/ LLC $26K, a notarized contract was signed.

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 »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

You most likely need a debt collection attorney in the state where the LLC on the loan contract is located and where the individual resides.

1 Answer | Asked in Small Claims for Texas on
Q: Can a dealership keep equipment after a car is repossessed that doesn’t belong to the renter

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?

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

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 »

1 Answer | Asked in Criminal Law, Internet Law and Small Claims for Texas on
Q: I sent someone money on a cash app for an rv they had for sale but now I can't get a hold of her

And there's no buyer's protection on this app that I sent the money through

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 18, 2022

You should make a police report. In the future, if suggest only using a payment system with some kind of buyer protection (like paypal, etc). Good luck.

1 Answer | Asked in Consumer Law, Real Estate Law, Landlord - Tenant and Small Claims for Texas on
Q: Is there fraud in submitting an Affidavit of Inability to Pay for a company based on the income of a person not in suit?

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 »

John Cucci Jr.
John Cucci Jr.
answered on Jul 17, 2022

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 »

2 Answers | Asked in Criminal Law, Municipal Law and Small Claims for Texas on
Q: What kind of crime is it when someone fails to deliver the agreed paid goods and are holding them hostage?

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 »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 23, 2022

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.

On the other hand, if the seller did...
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1 Answer | Asked in Criminal Law and Small Claims for Texas on
Q: I purchased a car and after the fact find out that the car had been wrecked airbags deployed/masked* odometer tampered!

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 »

John Cucci Jr.
John Cucci Jr.
answered on Apr 19, 2022

Wow!

That is quite a story. Sorry to hear about it.

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....
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1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Small Claims for Texas on
Q: I am in the middle of a negotiation and need help

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 »

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2022

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 »

1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for Texas on
Q: I bought a car and have proof they have received all the money owed. The person who sold me the car had a lien on the

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?

The first part of the... Read more »

Leroy Scott
Leroy Scott
answered on Apr 3, 2022

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).

If you only paid the seller, but not the...
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1 Answer | Asked in Consumer Law, Personal Injury, Collections and Small Claims for Texas on
Q: There is a guy who has been booking massages around San Antonio and Austin, then running out without paying.

What can we charge him with? And what evidence would be needed?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 12, 2022

You can charge him with theft of services. If you know who he is charge him prior to getting his massage,

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