Lawyers, Answer Questions  & Get Points Log In
Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: I believe an HVAC company improperly installed the unit. Won’t try to resolve it or return my messages. Can I sue?

We have gone 2 summers without proper AC even though it’s a brand new unit. I told him right away there has to be a leak and obviously he never checked it. He just kept putting more Freon. Now, this summer, he won’t return my messages and even blocked my number. I hired another company and they... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2023

Assuming the cost of repair was $20,000 or less, you probably have a decent case for small claims court.

You might also wish to contact the manufacturer of the unit regarding your 10-year warranty. Manufacturers generally take a dim view of authorized dealers who refuse to provide...
View More

1 Answer | Asked in Consumer Law, Criminal Law and Securities Law for Texas on
Q: I was served a "voluntary" list of questions (document requests) from the SEC but cannot afford an attrny. Suggestions?

I have reason to believe I am at the center of their investigation - it involves a significantly large public company. I have been told by friends that the "voluntary" nature of their inquiry is a "test" to see if I will cooperate and I have reason to believe this will not just... View More

Richard Hinds
Richard Hinds
answered on Jul 8, 2023

This is like making voluntary statements during a traffic stop. Just don't do it. Name, address, and DL, and then STFU.

Remember, "Nobody ever got into trouble for what they do not say" and in this case do not voluntarily provide. I you do not supply how can you get into...
View More

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: Can a bank withhold your mobile check deposit without any reason or answer as to why despite numerous phone calls

I deposited my check on Friday my receipt said the first 250 will be available same day the rest on July 5th. The 250 never showed up I've called everyday since then and no one can give me a reason why no one is willing to help and I have lost my storage unit my belongings and have late fees... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

No, your bank cannot withhold a mobile check deposit without any reason. It seems likely that there is a reason, but the individuals with whom you have been communicating do not know what that reason is or are prohibited from discussing it with you.

It is not uncommon that rank-and-file...
View More

1 Answer | Asked in Consumer Law, Contracts and Business Law for Texas on
Q: i owned a business & had a equipment lease for a credit card machine. i sold the business and leasing co. demands paymen

i asked co. if they wanted equip. back, they said yes. i returned it, they still want money, what are my options

John Michael Frick
John Michael Frick
answered on Jun 29, 2023

It depends on the language of the equipment lease, the type of business, and the PSA pursuant to which you sold the business.

If the Lessee on the equipment lease is the business entity you sold, and you did not personally guaranty the lease, and the business entity you sold is a...
View More

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Car Accidents for Texas on
Q: If I get a form SR-88 signed by my county clerk to dismiss a subrogation case after 10 years, can they still persue me?

Hello, when I was 16 years old I had a car accident with my brothers car, I didn't know he didn't have insurance at the time. Later on when I turned 18 years old, I got served with paper work saying there was a subrogation case against me for the accident. I was pregnant at the time and... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2023

An SR-88 is usually used to renew a judgment.

If you have 10 years of non-payment, I would not do anything.

The statute of limitations on an existing Judgment in Texas is 10 years. Unless the Judgment creditor has re-filed, or renewed, the judgment becomes dormant, and usually,...
View More

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: My Solar contractor not paying cash back which he promised during the contract

I signed a contract with a solar company to install the solar system. During the discussions, he proposed marketing agreement which will pay me back $30,000 after 2 months of the installation. He signed the contract as well. Now he is not responding to emails or my calls. How I can proceed?

John Michael Frick
John Michael Frick
answered on Jun 12, 2023

If he failed to satisfy his obligations under the agreement, you can sue him for breach of contract.

Since the amount In controversy is more than $20,000, you would need to file suit in county court or district court as our justices of the peace only have jurisdiction over claims of...
View More

1 Answer | Asked in Consumer Law for Texas on
Q: What action can I take against a solar company that has not met completion time line?

Started in August 2022 and there original statement sent to me states completion within 16 weeks. It is now end of May and I'm making payments on a system that is not completed. They have reimbursed me for 2 payments but I have been ignored on the last few payments. Now I have a water leak due... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

Unless time is of the essence in your installation contract, a statement as to the time of completion does not set a firm date. Instead, your contractor has a reasonable time to complete the installation. What constitutes a reasonable time depends upon the facts and circumstances of your... View More

1 Answer | Asked in Banking and Consumer Law for Texas on
Q: Will taking me off as an auth user on cr-cards my husband opened without my knowledge remove them from my credit report?

I'm looking at divorcing my narcissistic husband. I need to know if his bad credit card habit is going to continue to drag down my credit rating and if I'm going to be stuck paying them. The cards were obtained without my knowledge, and he named me as an authorized user. Our finances are... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

There is a difference between having a joint credit card and being an authorized user on someone else's credit card.

With a joint credit card, two (or more) individuals agree with the company issuing the credit card to be jointly responsible for all charges made on the credit card....
View More

2 Answers | Asked in Consumer Law and Criminal Law for Texas on
Q: If a friend walks out on the restaurant bill but i pay for what i ate, will i be responsible for their bill?

I heard that if a friend can just get up and leave and the other person they ate with would be forced to pay the bill despite the fact there was no prior agreement to pay for each others meal. I heard that if I did not pay their bill I would be arrested for theft even though I paid for my food and... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

In my analysis, you need to look at Risk vs. Benefit. Don't go to a restaurant with someone unless you have an understanding, before you walk in, that this is a "Dutch" treat, meaning the you are each responsible to pay for your own meal. Ask for separate checks, this indicates... View More

View More Answers

2 Answers | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for Texas on
Q: What is the max amount of mental anguish can I sue for? The cost of the vehicle was $8590.50, in my suit what is the

maximum amount of economic damages I can sue for? In my demand letter can I ask for double the cost of the truck back or in my suit if it goes to court? I am prepared to send my demand letter today, I am just unsure of all the damages I can ask to recover. I am doing this without an attorney so I... View More

John Michael Frick
John Michael Frick
answered on May 5, 2023

You can ask for whatever amount you like. Awards of damages for mental anguish vary depending upon the facts and circumstances presented by the evidence to the jury.

A decent rule of thumb for settlement purposes is no more than 1.5x the amount of your medical expenses for whatever bodily...
View More

View More Answers

1 Answer | Asked in Consumer Law for Texas on
Q: Is a sign on a building stating lifetime warranty on repairs enforceable.
John Michael Frick
John Michael Frick
answered on Apr 27, 2023

It depends on the particular facts and circumstances. A sign is an advertisement, not a contract. It may mean that they offer a lifetime warranty on some or all repairs they make either for purchase or with the service performed. There may be terms and conditions attached to such a warranty. It... View More

1 Answer | Asked in Consumer Law for Texas on
Q: What type of lawyer would i need for an auto case where the company has the part on back order & no ETA when it will be

available. They have no loaner since its going to be a long term affair. They are saying damage is due from rodent but have not provided with the proof. This is an only car for 4 people, I need a vehicle.

John Michael Frick
John Michael Frick
answered on Apr 13, 2023

Assuming that the vehicle is under warranty, a lawyer who practices in the area of consumer law may be helpful.

Your warranty likely limits the manufacturer’s responsibility to repair. But if you can prove that the part is actually available and not “on back order,” you may have a...
View More

1 Answer | Asked in Consumer Law, Identity Theft, Small Claims and Civil Rights for Texas on
Q: I had got a loan from title max an there was a breach

I had got a Letter saying that someone hacked there there system all took all my personal information an my social id address account everything not just me thousands of people an on top of that it's been going on for 3months before they let me know what can I do about that an another thing I... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2023

It doesn’t sound to me like you have any damages from the privacy breach. If TitleMax has any account numbers or passwords, they notified you so you can promptly change them.

Yes, you still have to repay the loan. Title loan companies are “lenders of last resort” meaning that the...
View More

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Native American Law for Texas on
Q: Hello I'm looking for an attorney that I will assist me in fighting back a predatory lender tribal law attorney.

Can you please gave someone to call me 832.326.6476 I took out a loan for 1500 and now I'm paying 7000 back ridiculous. Any help you can give would be appreciated. It has to be illegal in Texas. How do I fight these people and not have my credit score or be legally sued. Can you assist me in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023

You may also want to contact the National Association of Consumer Advocates, which is an organization of attorneys and consumer advocates who specialize in protecting the rights of consumers against unfair or abusive lending practices. Their website is https://www.consumeradvocates.org/

1 Answer | Asked in Consumer Law and Antitrust for Texas on
Q: the allergy medicine Allegra and Allegra hives are the exact same except for the cost.

There's allergy medicine called Allegra then they have another and it's labeled Allegra hives and then there's another one called 24 hours these have the exact same ingredients the exact same amount of ingredients except Allegra hives cost more than the other two each one of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

It is not uncommon for different variations of a product to have different prices even if they have the same ingredients. This is often due to marketing strategies, target audience, packaging, and other factors that can affect the perceived value of a product. As long as the products are not... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Texas on
Q: Can a debt collector that bought your debt sue you for a debt that has exceeded the statue of limitations?

I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 3, 2023

Anybody with a couple hundred bucks, or whatever the court filing fee is, can sue anybody else. The key question is whether they can get a judgment, i.e., win.

If you can show a court that your first default occurred more than four years ago, and was not subsequently cured by catching up...
View More

View More Answers

2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Texas on
Q: Can a debt collector that bought your debt sue you for a debt that has exceeded the statue of limitations?

I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

The statute of limitations is an affirmative defense that must be raised in the lawsuit or it is waived.

You should retain a competent attorney who defends consumer debts to represent you in the lawsuit and to specifically plead the statute of limitations.

View More Answers

2 Answers | Asked in Consumer Law, Banking and Gov & Administrative Law for Texas on
Q: What are the most effective options to build a strong legal case against: ADT/SunPro Solar and Good Leaf the lender?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Building a strong legal case against ADT/SunPro Solar and Good Leaf will depend on the specific facts of your case and the legal claims you are pursuing. However, here are some general steps that may be effective in building a strong case:

Gather evidence: Collect as much evidence as...
View More

View More Answers

2 Answers | Asked in Consumer Law, Banking and Gov & Administrative Law for Texas on
Q: What are the most effective options to build a strong legal case against: ADT/SunPro Solar and Good Leaf the lender?
John Michael Frick
John Michael Frick
answered on Mar 2, 2023

Since Texas is a one-party consent state, record every conversation you have with every representative of each party. Keep the entirety of each recording and turn all of the entire recordings over to your attorney.

Do not sign anything unless it has been reviewed and approved by your...
View More

View More Answers

1 Answer | Asked in Consumer Law, Identity Theft, Social Security and Landlord - Tenant for Texas on
Q: I wanted to know if I could file a lawsuit against an apartment leasing company that allowed someone to open a lease

Under my name without my consent while a credit freeze was placed in credit reports?

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

Absolutely . But it may not be necessary.

Send the leasing company a letter demanding that it acknowledge that it allowed some to open a lease in your name without your consent and cc the landlord on that lease. Detail the evidence you have that the leasing company knew it wasn’t you...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.