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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Banking and Domestic Violence for Texas on
Q: someone gives a car 2 u, permanently, what must they legally do? Father gave 2000 suburban 2004. Need title 2 insure

Since I got a protective order against son (stalking, drug charges, child abuse) his father helping by leaving me unable to drive even this vehicle I rebuilt all year. My ex took the Denali, trying to put me and children on the street.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

This question is tagged for both Georgia and Texas. I don't know anything about Georgia, but in Texas, the proper method to give a vehicle as a gift requires both the Giver and the Recipient to sign an "Affidavit of Motor Vehicle Gift Transfer" and an "Application for Texas... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Business Law for Texas on
Q: What would be the best route to take?

I am the director of a dance team, and we have a couple of trips planned for competitions and other things. They would travel by bus, and I was trying to figure out what I needed to do to make sure that I wasn’t held liable if anything happens during the travel. The dance team is not under a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

This question should be answered by an attorney who practices civil law. The criminal courts should not be involved for situations like bus crashes or injuries.

I assume you are not asking about crimes unless there is something really bad going on... like child abuse... in which case you...
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1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Q: If I gave money to a friend who said he can flip it, 6000-10k and he did but I didn’t know how he did it? Illegal or no?
Timothy Denison
Timothy Denison answered on Apr 25, 2021

It’s not illegal unless you know it is illegal and participate in it anyway.

1 Answer | Asked in Consumer Law and Elder Law for Texas on
Q: How do i get a civil suit fees waived in harris county for elderly who has been financially exploited

She was scammed into a transmission rebuild after the company already had her car and apart got the back took to another shop who said the transmission has not been rebuilt they replaced a censor and new fluid and charged her 3000.$ and the transmission is acting the way it to start with she was... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 18, 2021

File an Affidavit of Inability to Pay Costs.

2 Answers | Asked in Consumer Law, Banking and Social Security for Texas on
Q: Caught in a fraud scam my checking is overdrawn thousands. Can my bank take my social security in savings to pay that?

Both pension and social security go to savings but checking is overdrawn. Can they take that to pay off what is owed in checking?

Teri A. Walter
Teri A. Walter answered on Mar 18, 2021

Probably, yes. The bank's account agreement probably gives them the right to offset what's due on one account with what's in another, even if the funds deposited there were exempt before they we deposited. You may want to contact them and work out some payout arrangement on the... Read more »

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1 Answer | Asked in Consumer Law and Health Care Law for Texas on
Q: Dental xrays taken by illegal tech in texas

Charging for dental xrays done by non certified tech in texas

Tim Akpinar
Tim Akpinar answered on Mar 15, 2021

A Texas attorney could advise best, but your post remains open for two weeks. This could be more of a consumer law/health law matter than a personal injury or med mal matter - unless you were injured as a result of the procedures. There's no guarantee all posts are picked up, but you could... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: I had a plumber come out to unclog my main line. He was able to get a low flow and left.

The next day the line was clogged again. Do I have to pay him again to unclog the line our should he come back out and fix it for free since I’ve already paid him?

Teri A. Walter
Teri A. Walter answered on Feb 25, 2021

You paid him for the first fix. Unless it was done improperly the first time, fixing it again is a second job, which needs to be paid for. Since this has (presumably, based on your question) happened quickly, you might want to have him look for an underlying cause of the problem.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Identity Theft for Texas on
Q: Who can I sue and how do I go about it?

A guy I know opened a joint account on an apartment in his and my name, I never lived in the apartment and never gave permission for my name to be used.

Tim Akpinar
Tim Akpinar answered on Feb 25, 2021

A Texas attorney could advise best, but your post remains open for three weeks. If you consulted with attorneys who handle civil litigation, they should be able to advise. They could also identify necessary measures to be taken, such as notifying banks and other financial institutions. Good luck... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: Who is legally responsible for monitoring the sale of alcohol?

I wrk for a large transportation company my manager says I am not allowed to manage or control the amount of beer I serve in a trip. That if they want 4 beers an hour per person to sell them the 4 beers. When I was hired decades ago I was taught that I was legally responsible and in control of... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

A Texas attorney could advise best, but your post remains open for two weeks. You are astute to recognize the possible applicability of dram shop statutes in such settings. These statutes are not universal across the nation - although the general premise of assigning liability to an establishment... 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 Consumer Law for Texas on
Q: I have a case filed against me for debit & all I have is SS disability income
Tim Akpinar
Tim Akpinar answered on Feb 11, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I'm sorry that's happening to you. Based on the paperwork you received (summons & complaint, demand letter, etc.), you probably need to take some form of action without delay. You could reach out to... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: How do I go about file a claim with subway. I have eaten so much subway tuna, or so I thought.
Teri A. Walter
Teri A. Walter answered on Jan 29, 2021

Sorry, eating tuna - or not - is not grounds for a lawsuit.

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Insurance Bad Faith for Texas on
Q: What can I do about a supplemental insurance company's mistake resulting in my info being sent to a coworker?

Local insurance agent put a coworker's address in my account when we were enrolling (along with at least one other typo; birthday is/was wrong). Been going back and forth with him and the corporate customer support team. I can't get a refund and terminate my account, because I cant verify... Read more »

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

Was the agent negligent? Sounds like it. But at this point it's not clear what your damages are. If they fix the problem, you won't have any damages. No damages means no claim against the agent.

2 Answers | Asked in Consumer Law, Copyright, Criminal Law and Divorce for Texas on
Q: Does Stephanie have an Attorney on record in regards to her son Tyler?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 26, 2021

Did you actually just type this question into Justia expecting a meaningful response or were you simply talking to another person who happens to own a malfunctioning Amazon Alexa device?

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1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: My family and I have suffered a great loss due to a product I use. What do I do now?

I wasnt aware this product could cause this to happen because I'm either the first one to go through this, or others have not made this information and possibility known to the general public . If the company is aware of this from other silent families and have done nothing differently to... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 25, 2021

A Texas attorney could advise best, but your post remains open for three weeks. I'm sorry for your family's ordeal. Without knowing more about the product or its effects on you and your family, I'd suggest you reach out to Texas attorneys who handle product-related injury cases. The... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Texas on
Q: Debt reported to Credit Agency: Lack of communication between Hospital and Debt-collection Agency (DCA)

Here is the Timeline:

April - I received a bill from the Hospital. June – Hospital agreed to place my payment on hold under their Pandemic-time policy.

June/July - Received two letters from a DCA. I called DCA to inform that my account was under hold. October - The hospital... Read more »

Timothy Denison
Timothy Denison answered on Dec 3, 2020

Yes. It may also be a violation of the Fair Credit Reporting Act.

1 Answer | Asked in Consumer Law for Texas on
Q: I live in Texas. If I go into a store and purchase an item at the register that is higher than the price that is display

I live in Texas. If I go into a store and purchase an item at the register that is higher than the price that is displayed on the shelf what price do I pay for the item.

Teri A. Walter
Teri A. Walter answered on Dec 3, 2020

If you can get them to change the price based on what was posted, you pay the lower price. If not, you pay the higher price, or buy it elsewhere.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Texas on
Q: Can I sue a deceased person in small claims court if the probate has just been initiated?

The deceased person never fulfilled their obligation, and we signed a contract. She was the sole owner of the business and the probate process has just been initiated by her husband. The administrator has been assigned yet either. Could I still sue her business and her estate in small claims court?

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

The short answer is no - because there's no one alive to sue, and until someone is appointed to represent her estate, there is no one with authority to act for her. Once some one is appointed as executor or administrator, you can make a claim against the estate, and sue the executor or... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Texas on
Q: What to do if a Judge is making me part of a case and I am not listed as party where it shows active and inactive party

I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure... Read more »

2 Answers | Asked in Consumer Law, Business Formation and Business Law for Texas on
Q: Do I need to incorporate as a nonprofit to market my business as one when I won't be accepting donations or grants?

Hello!

I want to convert my marketing business into a nonprofit organization.

My mission is to utilize economic development to improve the conditions of local communities, creating successful small businesses that give back to the community.

That mission is obviously... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Nov 2, 2020

If you want to hold yourself out as a non-profit, then yes, you must be a non-profit. To become a non-profit, you must (1) create an entity with the Secretary of state and (2) file a 501(c)(3) application with the IRS. You cannot do this without an attorney and/or a CPA. Try to find an attorney who... Read more »

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