Lawyers, Answer Questions  & Get Points Log In
Texas Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims, Employment Law and Immigration Law for Texas on
Q: What should I file my case as besides a debt claim, if able?

As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... Read more »

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

If you have received a fake check and have evidence of the work you performed, it is important to take legal action to protect your rights. However, as an illegal immigrant, you may face additional challenges in seeking legal remedies.

You should contact the Department of Labor to report...
Read more »

3 Answers | Asked in Collections and Small Claims for Texas on
Q: What are my options if I received a civil lawsuit notification for a 7-year-old debt?

I am in Texas. The payday loan was taken out at least 9 years ago. I fell on really hard times and was unable to continue making payments after approximately 4 payments.

The notice from a legal geoup in Virginia states it is my 2nd notice although I didn't receive the1st.

I... Read more »

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Wait to be served by a sheriff. Then take the papers to an attorney to discuss whether to plead that the statute of limitations bars the lawsuit at this time.

View More Answers

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 Small Claims and Landlord - Tenant for Texas on
Q: Is it legal to sublease a room without a any written agreement?

I have been subleasing a single room from a woman. At the end with my subleasing I gave her a 30-day notice and paid for the full month of December. Even though I paid for the full month of December I moved into the new apartment mid-December. She said because of this it was not a 30-day notice... Read more »

John Michael Frick
John Michael Frick
answered on Dec 20, 2022

Yes it is legal to sublease month-to-month or for a term of one year or less without a written agreement.

As long as you provide her with your new address, she has thirty days to give you written notice of any deductions from your security deposit and to refund the difference

1 Answer | Asked in Insurance Bad Faith and Small Claims for Texas on
Q: Can I request that the auto insurance Company’s lawyer not represent a defendant in small claims court?

The insurance company denied my claim that’s why I am suing for an independent analysis of the accident.

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

In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend its insured in any lawsuit triggering coverage under the policy.

In those cases where the insured fails to notify the insurance company of a lawsuit and a judgment is entered...
Read more »

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...
Read more »

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...
Read more »

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...
Read more »

View More Answers

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...
Read more »

View More Answers

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...
Read more »

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 »

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.