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Texas Small Claims Questions & Answers

2 Answers | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Texas on

Q: How do i evict deceased father's live in girlfriend from his home?

My dad passed away today. He has had a live in girlfriend for 9 years. They have separate accounts and not common law. She does help pay for some bills once in a while. How do his kids evict her since the home is 100% in his name.

Terry Lynn Garrett answered on May 20, 2019

File an eviction action in your local Justice of the Peace Court. If necessary, get the sheriff to enforce it.

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1 Answer | Asked in Personal Injury, Landlord - Tenant and Small Claims for Texas on

Q: possible to sue for const. eviction n Tx. justice court then later sue in county for assault

I had an eviction that was ruled in favor for my landlord. Even though it was in retalitory, 3 days later after she was served papers, of me filing a repair & remedy case. I appealed, before appeal hearing was set land lord stabbed me with a garden shovel aseveral times in the ribs, then went into... Read more »

Gary D. Peak answered on May 6, 2019

If she has been charged with assaulting you, yes you can file suit against her in civil court. Because it was an intentional act, her insurance would likely deny coverage, so she would need to have non-exempt assets to go after to collect a judgment. Was the rental you were evicted from her home,... Read more »

2 Answers | Asked in Car Accidents, Consumer Law, Small Claims and Products Liability for Texas on

Q: Who is liable for repair costs of my truck that caught fire from lithium battery?

My truck caught fire while I was driving. Firefighters informed me the cause of fire began from weed eater Ryobi 18v lithium battery in the bed of my truck. I purchased from Home Depot. I have been advised by Ryobi employee to file an insurance claim with my car insurance. I would prefer not to do... Read more »

Peter N. Munsing answered on Apr 26, 2019

As you didn't cause the claim and as they would have a "subrogation claim" your rates shouldn't go up.

You want your vehicle fixed or totaled. Don't worry about your company.

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2 Answers | Asked in Personal Injury and Small Claims for Texas on

Q: My ex caused scarring on my face with mayonnaise 25 yrs ago which now I see in the mirror after shaving numbers, letters

Never gave it a second thought but after she broke up with me my face had red spots and I remember she was sitting up in the bed one night after she bought me a burger then fell asleep after eating it I think she drugged me with that burger so I wouldn't wake up as easily . When I awoke with... Read more »

Peter N. Munsing answered on Mar 21, 2019

you would have seen it about 25 years ago if she caused that. In any event, there is a statute of limitations. But to be on the safe side, check with a lawyer who gives free consultations in injury cases. However understand unless your wife has a lot of money there will be no money to cover her for... Read more »

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2 Answers | Asked in Criminal Law and Small Claims for Texas on

Q: My motorcycle was stolen then recovered. The suspect has been arrested. Is it worth me finding a lawyer for help

Hello, my name is Michael. I had my motorcycle stolen on Dec. 9 2018. Grand Prairie police have finished their investigation and arrested the man who stole it. My bike was recovered but damaged. The value of the bike according to KBB is 4,850.

I would like to know if it would be a good... Read more »

Grant St Julian III answered on Mar 6, 2019

Contact the Victim's Compensation Fund in your area. Get the contact information for the District Attorney who is prosecuting the person who stole your motorcycle and discuss restitution. Good luck.

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1 Answer | Asked in Civil Litigation, Traffic Tickets and Small Claims for Texas on

Q: My license was suspended do to a traffic accident in 2016 and judgement for damages. Can I reinstate if unpaid?

Judgement is over 2 yrs old and creditor is not willing to set up a reasonable payment plan for me to reinstate my DL. How if at all can I get anything done?

Grant St Julian III answered on Mar 1, 2019

You can petition for an occupational driver's license. This can be done at a Justice of the Peace or County Court at law. Calling an attorney may help. Good luck.

1 Answer | Asked in Real Estate Law, Domestic Violence and Small Claims for Texas on

Q: How do I remove a eviction off of my credit? When I try to rent a decent place I can't due to credit& rental history?

I failed to pay 2months rent due to my father of my kids taking my social security income and This was a domestic violence situation in which I have escaped. Trying to move on and settle in a home or apartment and this haunts me .

Kiele Linroth Pace answered on Feb 18, 2019

Chapter 92 of the Texas Property Code describes the proper way to break a lease in a domestic violence situation. If you didn't take that path, you might find release through Rule 76a of the Texas Rules of Civil Procedure but it will be an uphill struggle because the presumption is that court... Read more »

1 Answer | Asked in Personal Injury and Small Claims for Texas on

Q: Intervention into a theft and fraud claim.


3-4 YEARS AGO, A PERSON WHO SHARED INTIMACY AND TRUST WITH ME SCAMMED MONEY FROM MY FAMILY ON MY BEHALF TOTALING IT TO BE $20K. By the time i know about this the scammer vanishes leaving no evidence.


Daniel John Christensen answered on Jan 30, 2019

The situation you describe seems pretty complicated. I would need to know a lot more before I could advise you appropriately on what your best course of action is. But, I can tell you that if you have a legitimate claim to money that is being held in reference to another lawsuit, you can... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on

Q: In a will property and house were given to me. Aunt is keeping me from getting it. What can I do?

Aunt is executor if will and house was left to me and my siblings. I left for the military shortly after the dispute began. I have yet to receive anything regarding my behalf of the house. I do not know what legal rights I have to it. She threatened probate court, but I have not heard anything from... Read more »

Tammy Lyn Wincott answered on Jan 23, 2019

In Texas a will must be filed and accepted by the Probate Court Judge before anyone can act as an executor or take property. You may call the probate court for the county the property is located in and see if anything has been filed at all. You may be able to file something and request your Aunt... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Small Claims and Social Security for Texas on

Q: I'm trying to find out about my case Macon vs. Owens al

Tammy Lyn Wincott answered on Jan 8, 2019

Your question doesn't provide enough detail to answer. If you are wanting the status of a case you are involved with you may contact the attorney representing you or the courts. Many courts allow online access to see the status of your case.

1 Answer | Asked in Consumer Law and Small Claims for Texas on

Q: I am needing an attorney to write a demand letter for me dealing with a Verizon Wireless Store in Conroe, Texas .

They shorted me $370.00 on a cell phone trade in . This was a contracted Verizon Wireless Store and Verizon Wireless are not helping me get my money back. The out source store just handed me an old cell phone and told me to go to a corporate store . Verizon Wireless said they had no control over... Read more »

Roy Lee Warren answered on Dec 19, 2018

Hi Mr. Ward, I will see if I can at least point you in the right direction in case no one else can help you. First, you may find the answers you are looking for in the first few pages of the phone book. It is a great resource for the laws and regulatory agencies that govern phone companies. Also I... Read more »

1 Answer | Asked in Small Claims and Car Accidents for Texas on

Q: Can someone in us take legal action for something that happened in mexico?

A person crashed me in juarez mx and the insurance she gave me was not valid what legal action can i take?

Rahlita D. Thornton answered on Nov 28, 2018

You need to hire a lawyer in Mexico where it occurred for a proper answer. Laws differ in Mexico and the United States.

2 Answers | Asked in Car Accidents and Small Claims for Texas on

Q: Need help with a hit and run case but with no personal injury just total loss of my vehicle.

I was the victim of a hit and run which resulted in my only vehicle being flipped and totaled but there was no major personal injury so Ive been unable to find a lawyer to help me get compensation outside the car insurance company. The person was found and yes we are currently working with their... Read more »

Rahlita D. Thornton answered on Nov 21, 2018

Based on the severity of the accident it is highly unusual for their not to be any injuries sustained. So, therefore you are highly blessed. But, sometimes a lot of folks don't feel the pains and discomforts right away immediately after an accident and I would suggest that you get checked out and... Read more »

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1 Answer | Asked in Small Claims for Texas on

Q: I want my friend out of my house

I let my friend stay with me for 3-4 weeks. After 2 weeks she gives me $100 for letting her stay. Now it will be a month on the 25th, and I want her to leave. She's threatening to call the cops on me. What do I do?

Tammy Lyn Wincott answered on Oct 17, 2018

It sounds like she may be considered a tenant at this time and you may have to evict her. There are specific steps to follow in eviction and they vary depending upon the circumstances surrounding the eviction. Your local precinct or county should have information on evictions or you may look on... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Texas on

Q: I took 2 days off work which cost me about $1000 to get my house painted, the contractor didn't show up, can I sue lost

Lost wages, two days off work will have to take 3rd with the new painter, could have made 1500+

Tammy Lyn Wincott answered on Aug 24, 2018

It will depend on your contract; however, most likely not.

1 Answer | Asked in Consumer Law and Small Claims for Texas on

Q: Student Loan Co-Signer Died without Will

My grandma co-signed my private student loans for me. She died without a will in Nebraska. My aunt wants to sue my dad if part of the estate is sold and goes toward my loans. Can she do that if he had nothing to do with them?

Tammy Lyn Wincott answered on Aug 24, 2018

I cannot give advice on Nebraska law; however, in Texas there is a specific process the creditors must go through in order to validate debt. Consult with a probate attorney in Nebraska as the estate may need to go through a proper court process.

1 Answer | Asked in Criminal Law and Small Claims for Texas on

Q: Can my ex-wife of 4 yrs who lives in AL, file theft charges on me for guns I acquired during our marriage? I live in TX.

I bought 1 & she gave me 1 for a birthday present, which I gave her the money to buy because she never had a job. I'v had them with me in TX since the divorce. She threatening on the phone non stop.

Grant St Julian III answered on Aug 6, 2018

Why do you believe you cannot possess guns? Are you a convicted felon? If so, federal law prohibits you from ever possessing a firearm, no matter how they were acquired or who reports the matter to the police.

1 Answer | Asked in Banking, Criminal Law, Legal Malpractice and Small Claims for Texas on

Q: A district attorney sent my bank a legal order for my bank records. What should I do?

I called my back and they will o my mail me the letter. I’m worried because I have never experienced this. Can I call the attorneys office to find out what is going on?

Grant St Julian III answered on Jul 30, 2018

If a DA is requesting your bank records, you MAY be facing HUGE issues. Call a local attorney ASAP

1 Answer | Asked in Criminal Law and Small Claims for Texas on

Q: Ex roommate assaulted me.Refuses to give me my debit card and purse

Ex roommate threatened to kill me , one of my friends and himself. He has a gun. Im afraid to go by myself to try and retrieve my property.I live in Austin TX. Ex roommate assaulted me(he has a history of assaulting women roommates). Police were called, and I was taken to hospital. When I was... Read more »

Grant St Julian III answered on Jul 2, 2018

Contact the DA and apply for a protective order. At the hearing, make the request for the return of your property. Who is the owner of the property where you live?

1 Answer | Asked in Contracts, Traffic Tickets, Collections and Small Claims for Texas on

Q: She had it for 4 months never made a car payment so I ask for it back now I have toll bill that she refuses to pay.

Co worker needed a car, I let her test drive the car and when she agreed to buy it. I told her make monthly payments as much as you can since I was selling it for $2,000. She was going through a hard time. Now that I don't work with her she been ignoring my calls, text and when I go in person. For... Read more »

Grant St Julian III answered on Jun 7, 2018

If the car is registered to you, you are responsible to the tolls incurred. Did you sell the car or not? Did you execute any documentation regarding the sale? If you have a Bill of Sale, or a contract that proves the date you sold the car, you can show the contract to the North Texas Toll... Read more »

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