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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Municipal Law for Texas on
Q: Dilemma: in a rental home that had main sewer clogs and landlord/owner aware for months. Now it's backing up

Into multiple different homes. This is also in a MUD district. Tenant law says 3 days to fix. Who's responsible?

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

“Into multiple different homes” sounds like this is a municipal utility problem and not a landlord problem.

The landlord would ordinarily be responsible for the section of plumbing from the dwelling to the main sewer line.

This sounds more like a blockage in a sewer main...
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1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: I have 3 months left before my four years of statute of limitation is completed for unsecured debt.

I defaulted on unsecured debt from the lender/creditor named, Lending Club after I lost my job and underwent a very difficult financing situation. The last day of activity in the debt was 02/2019 when I made minimum payment. I thought their collection company gave up on me after repeatedly calling... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

They may file a lawsuit. It is hard to say, but one thing is certain. The best defense is a good offense. I have dealt with situations like this be fore for much larger sums of money and was able to position my client well. I need to learn more about the facts, but there may be an opportunity to... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: mobile mechanic repaired my car without estimate or my permission. Total cost $800. What are my rights? What are his?

He did previous work for me. Figured it was the same thing because it was recent. He showed up at my house he took my car key and that was it. Before I knew it he came back said OK the work's done it's $800. He still hasn't sent an itemized receipt, he didn't ask my permission... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim. I need to see your contract or learn more about your interaction.

1 Answer | Asked in Collections, Consumer Law and Landlord - Tenant for Texas on
Q: Landlord sold illegal and invalid debt to collection agency. Best way to clear credit? I currently live out of state.

I moved out of an apartment in El Paso on 30 June 2021. I had a move-out inspection with an employee of the apartment complex and wasn't notified of any issues.

On 8 February 2022, I was emailed an itemized list of damages for the El Paso property. I disagree with all of these damages... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim. I need to learn more.

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: I am a truck driver and make fuel purchases thru a fuel card issued out ofOklahoma. This card provides me with

Discount fuel prices. I fund this card by a credit card. They charge me 4% when I add funds to this fuel card with my credit card. Is this legal to add this surcharge.

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

I would need to review your contract.

1 Answer | Asked in Business Law, Consumer Law and Contracts for Texas on
Q: Can I sue for posession of titles if a lease agreement is predatory.

I have several leases for Semi trucks thru a company called Drivenow. I purchased them for a certain amount of years and a certain price. I have been paying some of these for way longer then the term of the loan and the balance seems to never come down. Now after paying for these trucks for longer... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim here. I need to read your contracts, see your rate, and review your payment records.

1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Texas on
Q: Can I sue gexa entergy for over charging me because last August my bill was 378, September 647 October 763, November 255

December 919, January 786. I live in a 1 story house and it's just me and my lights get turned off every month and Every time I try to fix this I get on hold I'm on hold for hours upon hours until I pay the bill and then it starts over. I asked The guy at jexa energy how much I've... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

Interesting, I am about the sue a solar panel company on behalf of a couple clients soon. You may have a claim. I would need to learn more.

2 Answers | Asked in Civil Litigation, Consumer Law and Real Estate Law for Texas on
Q: Need to know what law it falls under to file a suit against a police department a real estate agent and a mobile home

Mover. Please department for a failure to I don't know protect somebody when they tried to file multiple reports of being stalked raped Drugged ect.

Real estate agent for ethics for calling me causing me to be homeless with 2 children. Stealing thousands of dollars worth of merchandise... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 9, 2023

You can not sue the Police unless you have established a "special relationship." That has not happened in your matter. Unfortunately, the police have no legal obligation to make a report, investigate, or arrest anyone. Believe it or not, that's the law.

On the Real Estate...
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1 Answer | Asked in Consumer Law, Business Law and Collections for Texas on
Q: Should I pay for canceled order that was delivered?

I canceled 3 orders from a hardware store, yet they have still been delivered. These were canceled in store by the manager. I was advised by the employee, if the order does come, accept it and dont say anything. The total of the items is over 18k. What do I do? Will i be charged for these items... Read more »

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

No, you don’t have to pay for them.

No, you can’t keep them.

Notify the store that they were delivered anyway despite your cancellation of the order and arrange a time for them to come pick them up.

1 Answer | Asked in Consumer Law and Personal Injury for Texas on
Q: I tested positive for opiods after consuming a Starbucks everything Bagel. Could I sue Starbucks?

Failed pre-employment drug test due to positive opiods test.

John Michael Frick
John Michael Frick
answered on Dec 31, 2022

It is unlikely you could successfully sue Starbucks.

Although it is possible to test positive for opioids on a drug test as a result of consuming poppy seeds, it is rare. But this is also widely known. This is why individuals are cautioned to avoid eating poppy seeds prior to submitting...
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2 Answers | Asked in Consumer Law for Texas on
Q: Mercari admitted the shoes they sold to me are fake but that I can't get a refund since the return window has passed.

I bought a pair of shoes from mercari back in November. The shoes look like the pictures provided online and I accepted it because mercari certified it verified authentic. December 23rd I noticed the shoes are fake and there is no serial number on the shoes. I contacted mercari and they admitted... Read more »

John Michael Frick
John Michael Frick
answered on Dec 27, 2022

Mercari is an eCommerce platform. For practical purposes, it is a computer application that allows users to buy and sell products conveniently between themselves.

It does not sell shoes. It merely provides a platform for another person like you to buy, or sell, shoes from another person....
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2 Answers | Asked in Consumer Law for Texas on
Q: I was approved for the loan to get my vehicle but I had to put down 4,500 at the dealership, can I get my money back?

I purchased my vehicle this year at cars and credit master. Located in Houston TX, I no longer have possession of the vehicle.

John Michael Frick
John Michael Frick
answered on Dec 19, 2022

There are no facts stated in your question that are likely to allow you to get your money back.

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2 Answers | Asked in Consumer Law, Personal Injury, Constitutional Law and Internet Law for Texas on
Q: Is it possible to take legal action against a website that allowed the unethical promotion of a online casino?

I am an individual who is now struggling with a crippling gambling addiction that has ruined my life in every way imaginable in the past 6 months. I was first exposed to this online crypto casino via a live stream on a website where I watched entertainers stream themselves live playing video games,... Read more »

John Michael Frick
John Michael Frick
answered on Dec 19, 2022

Back in 2013, a group of class action plaintiffs lawyers met in Indianapolis to discuss the prospects of such litigation on a scale similar to the tobacco litigation.

Since then, a few smaller lawsuits have been filed that have typically ended unsuccessfully for the plaintiffs.

It...
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1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Identity Theft for Texas on
Q: Can the Civil Action not match the case that was filed
John Michael Frick
John Michael Frick
answered on Dec 18, 2022

This question is too unclear to intelligently answer. You should consider rephrasing it

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Banking for Texas on
Q: Wells Fargo had a writ of garnishment/levy in my bank account and an "order of Nonsuit without Prejudice". What is next?

Wells Fargo had a default judgment against me from the 67th District court in Fort Worth, Texas in 2019 for the credit card debt that I defaulted. I did not know about default judgment until they had a writ of garnishment/levy from the court dated 11/07/2022 and put the garnished amount($7,572.18... Read more »

John Michael Frick
John Michael Frick
answered on Dec 14, 2022

Your bank likely needs the Order of Nonsuit to release the garnished funds back to you.

Your HELOC lender likely needs a Release of Judgment concerning the default judgment to proceed with your loan.

I suggest you take the Order of Nonsuit to your bank and tell them you want your...
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1 Answer | Asked in Consumer Law, Criminal Law and Employment Law for Texas on
Q: Is a store employee aloud to put there hands on me if I did nothing wrong as in I didn't steal anything
John Michael Frick
John Michael Frick
answered on Nov 28, 2022

“Putting their hands on you” is a broad term. Generally speaking, it is not illegal to physically touch another person. On the other hand, intentionally assaulting or offensively touching someone (eg punching, slapping, kicking, clawing, forcefully shoving, etc) might be a crime depending... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: Bought new car decided against extended warranty soon filled cancel form been 45 days dealership not responding refund
John Michael Frick
John Michael Frick
answered on Nov 16, 2022

Extended car warranties are offered from the manufacturer or from third party warranty companies. While dealerships offer these products to their customers, the warranty itself is almost always with another company. When such warranties can be cancelled is governed by the written terms of the... Read more »

1 Answer | Asked in Consumer Law and Traffic Tickets for Texas on
Q: Can a private parking lot in Dallas Tx threaten to boot or tow your car? I

I tried to pay the $3 fee per their instructions at the lot by texting. They never responded to 2 texts and I still have the texts to prove that.They sent a letter saying I owe $82 now and they will boot or tow my car if I do not pay that. Can they do that? It seems illegal since it is not a city... Read more »

Grant St Julian III
Grant St Julian III
answered on Nov 15, 2022

Short answer, yes, your car can be towed even if it is in a private parking lot. Hypothetical: if someone parked their car in the private driveway of your home and left it there, do you feel you could have the car towed?

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 Consumer Law, Foreclosure and Real Estate Law for Texas on
Q: I am being discriminated against by the mortgage company that services my loan. That’s the only way I can think of discr

Can I file a suit pro se?

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Can you provide some more details?

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