Texas Small Claims Questions & Answers
Q: My motorcycle was stolen then recovered. The suspect has been arrested. Is it worth me finding a lawyer for help
Grant St Julian III's answer
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.
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.
Q: My license was suspended do to a traffic accident in 2016 and judgement for damages. Can I reinstate if unpaid?
1 Answer
| Asked
in
Civil Litigation, Traffic Tickets and Small Claims
for
Texas
on
Answered on Mar 1, 2019
Answered on Mar 1, 2019
Grant St Julian III's answer
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.
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.
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?
1 Answer
| Asked
in
Real Estate Law, Domestic Violence and Small Claims
for
Texas
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
Kiele Linroth Pace's answer
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 records should be public.
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 records should be public.
Q: Intervention into a theft and fraud claim.
Daniel John Christensen's answer
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 typically intervene into that lawsuit to make your claim. My advice would be for you to contact a board-certified consumer lawyer at your earliest convenience. I am a board-certified lawyer, but in injury...
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 typically intervene into that lawsuit to make your claim. My advice would be for you to contact a board-certified consumer lawyer at your earliest convenience. I am a board-certified lawyer, but in injury...
Q: In a will property and house were given to me. Aunt is keeping me from getting it. What can I do?
1 Answer
| Asked
in
Civil Rights, Real Estate Law and Small Claims
for
Texas
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Tammy Lyn Wincott's answer
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 come before the Court to show cause as to why she hasn't disbursed the estate. If she is an unfit Executor, you may be able to have her removed.
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 come before the Court to show cause as to why she hasn't disbursed the estate. If she is an unfit Executor, you may be able to have her removed.
Q: I'm trying to find out about my case Macon vs. Owens al
1 Answer
| Asked
in
Personal Injury, Civil Rights, Small Claims and Social Security
for
Texas
on
Answered on Jan 8, 2019
Answered on Jan 8, 2019
Tammy Lyn Wincott's answer
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.
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.
Q: I am needing an attorney to write a demand letter for me dealing with a Verizon Wireless Store in Conroe, Texas .
Roy Lee Warren's answer
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 will provide a link to legal aid type of help that assist people with situations you are faced with. The link is:...
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 will provide a link to legal aid type of help that assist people with situations you are faced with. The link is:...
Q: Can someone in us take legal action for something that happened in mexico?
Rahlita D. Thornton's answer
You need to hire a lawyer in Mexico where it occurred for a proper answer. Laws differ in Mexico and the United States.
You need to hire a lawyer in Mexico where it occurred for a proper answer. Laws differ in Mexico and the United States.
Q: Need help with a hit and run case but with no personal injury just total loss of my vehicle.
Rahlita D. Thornton's answer
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 wait to assert the position that you and not injured. Unfortunately, you are left in a mess due to someone else's negligence. We believe that people should take personal responsibility for their...
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 wait to assert the position that you and not injured. Unfortunately, you are left in a mess due to someone else's negligence. We believe that people should take personal responsibility for their...
Q: I want my friend out of my house
Tammy Lyn Wincott's answer
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 the State Bar Website for Landord/Tenant guides.
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 the State Bar Website for Landord/Tenant guides.
Q: Student Loan Co-Signer Died without Will
Tammy Lyn Wincott's answer
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.
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.
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.
Grant St Julian III's answer
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.
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.
Q: A district attorney sent my bank a legal order for my bank records. What should I do?
1 Answer
| Asked
in
Banking, Criminal Law, Legal Malpractice and Small Claims
for
Texas
on
Answered on Jul 30, 2018
Answered on Jul 30, 2018
Grant St Julian III's answer
If a DA is requesting your bank records, you MAY be facing HUGE issues. Call a local attorney ASAP
If a DA is requesting your bank records, you MAY be facing HUGE issues. Call a local attorney ASAP
Q: Ex roommate assaulted me.Refuses to give me my debit card and purse
Grant St Julian III's answer
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?
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?
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.
1 Answer
| Asked
in
Contracts, Traffic Tickets, Collections and Small Claims
for
Texas
on
Answered on Jun 7, 2018
Answered on Jun 7, 2018
Grant St Julian III's answer
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 Authority, and they will put the tolls on the purchaser of the car.
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 Authority, and they will put the tolls on the purchaser of the car.
Q: Hi my daughter passed away in 2014 leaving a structured settlement I'm her mother I'm not married to her father
Simone R. Bray's answer
If your daughter died leaving no children and no spouse, then you are right, the parents take the entire estate (half and half).
If your daughter died leaving no children and no spouse, then you are right, the parents take the entire estate (half and half).
Q: Cable bill that has not been paid. Person agrees to pay verbally and through messages. Am I able to file small claims?
Peter N. Munsing's answer
suggest you send her a letter suggesting that as you haven't heard, it's two years, you are going to have to terminate service under your name. She will be free to pick it up herself.
Make sure you download and save all of her texts.
File a complaint in small claims and also tell the cable you want to terminate the service.
suggest you send her a letter suggesting that as you haven't heard, it's two years, you are going to have to terminate service under your name. She will be free to pick it up herself.
Make sure you download and save all of her texts.
File a complaint in small claims and also tell the cable you want to terminate the service.
Q: I had my slab foundation repaired in Nov. 2010. I am having problems again. I have guarantee on their work.
Roy Lee Warren's answer
I am sorry for your troubles. You may have to hire an expert to give an opinion whether the additional work is a "new area" or from the same area where work was done before. That is the only way you will know for sure. Also look to the contract to make sure hat is covered. Good luck to you.
I am sorry for your troubles. You may have to hire an expert to give an opinion whether the additional work is a "new area" or from the same area where work was done before. That is the only way you will know for sure. Also look to the contract to make sure hat is covered. Good luck to you.
Q: What can we do to retrieve belongings stored at a relative's home who now refuses our visits?
1 Answer
| Asked
in
Criminal Law, Family Law, Elder Law, Landlord - Tenant and Small Claims
for
Texas
on
Answered on Apr 5, 2018
Answered on Apr 5, 2018
Kiele Linroth Pace's answer
If there is a competency issue, consult a Family Law attorney that practices law in the county where the grandmother lives.
Otherwise, if you just want to sue to get your stuff, consult an attorney that practices law in the county where grandma lives to find out if a lawsuit is appropriate. If the value of the property is mostly sentimental then perhaps visit the JP court precinct for the street address where it is stored and inquire about small claims lawsuits.
If there is a competency issue, consult a Family Law attorney that practices law in the county where the grandmother lives.
Otherwise, if you just want to sue to get your stuff, consult an attorney that practices law in the county where grandma lives to find out if a lawsuit is appropriate. If the value of the property is mostly sentimental then perhaps visit the JP court precinct for the street address where it is stored and inquire about small claims lawsuits.
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