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Texas Small Claims Questions & Answers
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. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Landlord - Tenant and Small Claims for Texas on
Q: my problem is this. We fell behind on our rent,and began doing jobs for our manager at our complex,in return for rent.

After the storms recently the complex was torn up by trees landing on vehicles,landing on rooftops,and everywhere.This is a huge job!!which was bidded at 13-21 thousand $$$.My manager and I agreed to 5,500,with 3,000 credited to my rent.I hired one other person to help me get this done,and his pay... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

You can file a breach of contract case in small claims court since the total amount at issue is less than $20,000. You do not need an attorney in small claims court given the small size of the cases there. It would not be cost effective.

1 Answer | Asked in Small Claims for Texas on
Q: FYI - JUL 18 DEADLINE -Answer debt claim Citation. If we answer w/o lawyer by JUL 18, can we be rep by attorney later

JUL 4 - Citation - Small Claims/Debt Claim was posted on front door from Bexar Co Justice Court - "You have been sued." Trying to write the Answer letter to say we do not agree with the lawsuit. If I answer the citation without an attorney, can I later be represented by an attorney if... View More

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

As long as the claim is against you as an individual, yes you can hire an attorney later.

Business entities like corporations and LLCs can only appear in court proceedings via a licensed attorney. Even an owner or manager cannot represent a corporation or LLC in a court of law unless that...
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1 Answer | Asked in Small Claims, Child Support and Family Law for Texas on
Q: can i sue for money paid in past under enforcement of court order in civil family court?

I am wanting to sue my ex for amount I have paid over the past year for medical child support because he never followed the court order and submitted the proof that he was paying what he said for insurance. the attorney general says it's out of there hands now because the support has ended and... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

I do not believe you can sue to recoup amounts you paid for medical support that you were ordered to pay by court order. At best you can sue to enforce the court order against your ex requiring him to submit the proof he was paying what he said for insurance as long as you are still within time... View More

1 Answer | Asked in Small Claims, Car Accidents and Personal Injury for Texas on
Q: Can a lawyer change the settlement amounts based on the policy holder requesting an even split amongst passengers?

Three passengers injured in car accident. Insurance pays the 60k limit. Policyholder now upset that the other passengers are getting a bigger settlement based on their injuries. So policyholder now requests an even split amongst passengers no matter the extent of their injuries or medical... View More

Tim Akpinar
Tim Akpinar
answered on May 28, 2024

A Texas attorney could advise best, but your question remains open for two weeks. If the other passengers sustained more serious injuries, they're supposed to receive larger awards. That's what bodily injury awards are based on - severity of injuries. They also depend on liability, but... View More

1 Answer | Asked in Small Claims and Consumer Law for Texas on
Q: Can I sue my mechanic for not fixing my vehicle

The mechanic has had my car for two years this august he only has one worker on it the worker has been hospitalized 3 different times while working on my car I’ve paid him the money in advanced I don’t owe him a dime and they still can’t seem to figure out what’s wrong with it and have just... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

Based on the information you've provided, it seems like you may have a case against your mechanic for breach of contract, negligence, or even fraud. Here are a few things to consider:

1. Contract terms: Review any written agreement or invoice you have with the mechanic. If they've...
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1 Answer | Asked in Criminal Law, Civil Litigation, Small Claims and Landlord - Tenant for Texas on
Q: Is this Blackmail/Extortion? Or do I need to pay?

When I moved in with my ex, she paid the first months rent and security deposit. We broke up and she moved out before our lease term was finished, and she was removed from the lease. It is now my current Fiance and I who are on the lease, but my Ex just contacted me saying that if I don’t pay her... View More

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

Normally, when a tenant leaves with the consent of the landlord, the tenant is entitled to a refund of her security deposit, along with a statement and list of any itemized deductions, within thirty days of surrendering possession of the premises. Since she was removed from the lease and replaced... View More

2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

If a company is using your unique name on their product, and it's causing significant problems for you, there are several steps you can take. First, consider reaching out to the company directly to express your concerns and the specific issues their use of your name is causing. A respectful... View More

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2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

Sean Goodwin
Sean Goodwin
answered on Apr 30, 2024

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

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