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Texas Small Claims Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Personal Injury and Small Claims for Texas on
Q: How can I sue a mechanic for engine damage in Texas?

I hired a mechanic I found on the Nextdoor app to change the coolant in my Jeep. After his work, the engine was damaged, resulting in a banging noise and the vehicle not staying on. The repair costs are estimated at $5,000. The mechanic has since blocked me and I'm considering suing for... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

You can legally sue for any damages to your Jeep that was caused by the mechanic. Because the cost of repair is $5,000, you can bring a small claims suit in the Justice of the Peace Court for the county and precinct where the mechanic resides or where the damage was done without needing an... View More

1 Answer | Asked in Small Claims for Texas on
Q: Can a judge in TX require a demand letter before hearing a small claims case?

I would like to bring a lawsuit in Brazoria County, TX. When I went to the courthouse to obtain the filing paperwork, I was provided with a document titled "Steps for Filing in Small Claims Court." The first step in this in-house document states: "The judge requires you, the... View More

John Michael Frick
John Michael Frick
answered on Feb 24, 2025

A JP cannot enforce the requirement that you send a demand letter in "every" case; however, many types of cases routinely handled in JP court require pre-suit notice to the other party as a condition of obtaining relief. It may well be that, rather than parsing out which cases require... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Texas on
Q: I have small claim for Recovery Personal PROPERTY take illegally and in very bad faith by the apartment complex

I have small claim for Recovery Personal PROPERTY take illegally and in very bad faith by the apartment complex where I live. The mediation already took place on February 10, 2025 without reaching an agreement. The defendant only has an unsupported argument and I have evidence of harassment to... View More

John Michael Frick
John Michael Frick
answered on Feb 13, 2025

Because this is a small claim, your best recourse is to pursue recovery in one of our JP courts. JP courts have jurisdiction over very small cases where the amount is $20,000 or less. The advantage of JP courts is that you do not need a lawyer and can state your claim in common everyday language.... View More

1 Answer | Asked in Small Claims for Texas on
Q: Debt lawsuit in Denton County JP courts. I filed my response with the courts and the Attorney representing the company.

My response was in May 2024 the plaintiff has never responded to the courts. Is there a time frame for the plaintiff to respond to the courts? Can I request the courts to dismiss the case since it has been nine months?

John Michael Frick
John Michael Frick
answered on Feb 10, 2025

The plaintiff has no obligation to respond to your written answer. Typically, if there is no activity on a case for a lengthy period of time, the court will send a dismissal notice requesting the plaintiff to take some action or it will dismiss the case. Typically, the plaintiff setting the case... View More

1 Answer | Asked in Small Claims and Foreclosure for Texas on
Q: My HOA has created a debtors prison with their monthly late fees and quarterly bs etc. can I seek some type of relief?
John Michael Frick
John Michael Frick
answered on Jan 29, 2025

Yes, you can file an application for writ of habeas corpus to secure your release from jail. Whatever court put you in jail for non-payment of your HOA fees clearly abused its discretion in violation of the Texas Constitution. A court can jail you for disobeying court orders like orders... View More

1 Answer | Asked in Small Claims, Consumer Law and Personal Injury for Texas on
Q: I bought a car 26 days ago, with impression wasa safe & reliable vehicle, just needing breaks,but been wrecked?

It has no air bags due to being wrecked & taking it to dealership is only option to fix, & it also has a bad transmission! & Frame is damaged But was told it was a safe reliable vehicle! What can I do legally? My 13 year old ride's in this car with no air bags & he was injured... View More

John Michael Frick
John Michael Frick
answered on Dec 30, 2024

Assuming the vehicle is used from the nature of your question, you may have a remedy under any warranty you received or bought at the time of the transaction. If you did not receive a warranty, most used vehicles are sold as-is. So you would not have a remedy against the seller. Many people who... View More

1 Answer | Asked in Small Claims for Texas on
Q: can a credit card lawyer file a motion of default judgement against me 20 days before my court date ?

I was sued by a credit card and i did every correctly. My date to appear was Dec 5 2024 they filed a motion of default judgement against me in Nov 11 2024 which i was unaware of. i appeared in court and they were only on the phone i guess seeing if i appeared. they asked for a continuance. i guess... View More

John Michael Frick
John Michael Frick
answered on Dec 6, 2024

If you have not done so already, you should file a written answer to the company's petition in the court. If you contend you have made any payments not reflected in the petition, you are required to affirmatively plead payment stating the date, amount, and method of payment. Otherwise, you... View More

1 Answer | Asked in Real Estate Law, Divorce, Small Claims and Family Law for Texas on
Q: Doesn't my husband need my signature to sell our real estate. And how do you get him to give you your fair earning.
John Michael Frick
John Michael Frick
answered on Dec 3, 2024

Yes, if you and your husband own real estate together, whether as community property or as part your and part his separate property, it will be necessary for you to sign a deed and other closing documents.

As community property, you and your husband should mutually instruct the closing...
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1 Answer | Asked in Civil Rights and Small Claims for Texas on
Q: Am I able to take legal action with PayPal if they refuse to give me my money back after a refund is issued?

I made a purchase and used PayPal to pay for it. I never received the item, so I contacted the company I purchased goods from. The company issued a refund through PayPal, but PayPal is refusing to release the funds back to me.

John Cucci Jr.
John Cucci Jr.
answered on Nov 16, 2024

The answer to your question is in your user agreement you accepted when you signed-on with PayPal. If PayPal has sent you an email, or letter telling you they are not giving you a refund, I would need to see that to give you solid legal advice.

PayPal is obligated to give you a refund if...
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1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Texas on
Q: Can I call the cops on someone for throwing my things away from their house without letting me know? Is it theft?

My uncle had a room in his house that I was going to move into, but after I got my belongings in there he changed his mind but let me keep my things there for safe keeping and free storage. They moved to San Antonio and didn't tell me they discarded my things until after the fact.

John Michael Frick
John Michael Frick
answered on Nov 15, 2024

There are not enough facts to answer your question. It would be important to know whether there was any written agreement between you and your uncle. It would be important to know how long your things were at your uncle's house. It would be important to know how often you went to your... View More

1 Answer | Asked in Small Claims for Texas on
Q: Am I able to motion for an appeal or anything like that since it's the defendant's responsibility to show up for court?

I have a small claims case against an auto shop. The owner was served months in advance by a sheriff but didn’t show up to court. The judge informed me the defendant had hired an attorney who didn’t receive notice of the court date. Don’t I have a right to win, as the defendant was served and... View More

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

No, you cannot appeal as there is no final judgment to appeal.

You are not "entitled" to win. The judge can only grant a default judgment if it is clear that the defendant does not have any intention of defending the claim and intentionally did not show up or was...
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1 Answer | Asked in Small Claims for Texas on
Q: Just need some guidance on filing my small claims in Houston TX, what I can and cannot include in the Law suit.

As far as renumeration goes, what else can I hold the other party accountable for, since I have to pay fees to file the Law suit

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

In a small claims lawsuit, you can recover your legally compensable damages, as well as statutory damages, exemplary damages, attorney fees, expert fees, or additional damages if they are available for your particular type of claim (e.g. DTPA, theft liability, gross negligence in a personal injury... View More

1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: Bone fragments in chicken nugget.

I am seeking legal advice on a situation that occurred at a McDonald's in Willis Texas. they're claims company has reached out and offered me a settlement but I'm not sure if I should sign or if I should seek more. I only have about $200 in medical bills and a wound on the roof of my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A Texas attorney could advise best, but your question remains open for a month. However, it would be difficult for any attorney to advise without seeing your medical records. If the wounds were superficial and passing in nature, offers are likely to reflect that. I hope you are okay. Again, any... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Neighbor broke my car window with a can thrown from within his apartment. What is my recourse?

My neighbor in the rental complex (Austin Texas) was in his apartment and began to throw things out the window. One of the cans hit and broke my windshield. There are witnesses and I am filing a police report, although it is 12 hours later. Will his apartment rental insurance or his auto... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

He is probably liable for his own negligence. His automobile policy likely doesn't it. His renter's insurance may or may not cover it depending on the language of the policy and the particular facts. Your own automobile policy almost certainly covers it under either comprehensive or... View More

1 Answer | Asked in Small Claims for Texas on
Q: Neighborhood car salesman sold me a car 2 years ago and now wants his plates back.

I made car payments but I lost track of them and I asked him can he send me bank statements so I can see how much I owe him and he never did

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

He has no obligation to send you his bank statements. You can check own bank statements to see how much you owe him.

When someone sells you a used car, you have thirty days to register it in your name and get new plates. A licensed used car dealer would remove the plates from the vehicle...
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2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Q: What if our OAK FOREST Home Assoc is taking no action on neighbor parking over 25ft lL to 40ft fifth wheel in driveway?

OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial... View More

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1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: If I think I was harmed due to negligence what are the steps that I need to take to sue a plasma donating facility?

Thus just happened yesterday

James Clifton
PREMIUM
James Clifton
answered on Aug 31, 2024

First seek medical attention. Then, document your injuries and get a professional medical opinion to connect your injury to the facility's negligence.

Second, gather evidence, such as any relevant documents, witness statements, and photos.

Last, schedule a free consultation to...
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2 Answers | Asked in Personal Injury and Small Claims for Texas on
Q: Can I get a settlement if I was breathing in black mold for a hundred days when I was encarcerated in a facility in2021
John Michael Frick
John Michael Frick
answered on Aug 26, 2024

Most personal injury lawsuits are resolved by settlement. If you have a case on file, talk to your lawyer about the strength of your case for liability and the total amount of damages you sustained (most likely, out-of-pocket medical expenses based on your question). your lawyer can help you... View More

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1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Small Claims and Workers' Compensation for Texas on
Q: can I file law suit for bad faith, pain and suffering , malpractice against an insurance carrier , intentional neglect

The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

1 Answer | Asked in Small Claims and Civil Litigation for Texas on
Q: My husband’s bestfriend borrowed $200 from my husband & now she refuses to pay us back. We have a 5 month old baby too.

I was visiting her place for a few weeks and she needed $200 from my husband for “groceries in the house” to insure comfortability for me. She verbally promised my husband on my cellphone device that she would pay him back when she gets paid while on FaceTime. She got paid July 30th and did not... View More

John Michael Frick
John Michael Frick
answered on Aug 13, 2024

You can file suit to collect the debt against the friend in justice of the peace court in the county and precinct where the friend lives here in Texas. Our justice of the peace courts have jurisdiction over small cases where the amount in controversy is $20,000 or less. You do not need an... View More

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