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Texas Small Claims Questions & Answers
1 Answer | Asked in Small Claims, Criminal Law and Juvenile Law for Texas on
Q: Under TX laws what are, usually, the legal consequences for a 12 year old who slapped a classmate’s face?

My 12 year old slapped a classmate’s face which ended up breaking the classmate’s eyeglasses. The glasses also caused a scratch on the face of the classmate. The parents of the child are considering filing a police report.

What are usually the legal implications involved in a case of... View More

Grant St Julian III
Grant St Julian III
answered on Feb 20, 2018

Sounds like an assault was committed, and any charges arising from such an act by a 12 year old would be filed in the Juvenile Court. If charges were filed, you and the child will be given notice to appear in court. Detention is possible, so you should probably sit down with a local attorney... View More

2 Answers | Asked in Criminal Law, Products Liability, Gaming and Small Claims for Texas on
Q: I have a guy my PlayStation 4 to fix a couple of months ago. It's been two months can I call the authorities

He says he has it but he keeps blowing me off with lame excuses.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 5, 2018

This is probably not an issue of criminal law. If you released the item to him voluntarily it is not a crime ... unless there is some reason to question the effectiveness of your consent. For example if he tricked you in the first place and never had any intention of fixing it, then it could be... View More

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1 Answer | Asked in Criminal Law and Small Claims for Texas on
Q: How do I get my belongings from an ex girlfriend I lived with?

Exgirlfriend refuses to return my personal belongings. Recently discovered that she is trying to sell my guns as well. Had the police stand by because she does get violent but there was nothing they could do since she would not open the door. They recommended the constable but without a court order... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2018

You might try finding a Justice of the Peace precinct map for your county and figuring out which precinct she lives in. Then visit the JP court and ask them for instructions on filing a small-claims case. Sometimes the court staff can even provide printed instructions.

1 Answer | Asked in Contracts, Small Claims, Criminal Law and Collections for Texas on
Q: In a 10 day demand letter to get my vehicle back, do I have to list the option for defendant to pay full market value

Loaned my truck (reg/insured) to a friend in Oct 2017. She moved in Nov. Dec 26 2017 asked vehicle be returned within 4 days. Has ignored phone calls/ texts demanding my Truck back. This morning I called sheriffs dept. Deputy dispatched to me. I gave exact location of my truck (A bar). Only... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 16, 2018

It sounds like law enforcement's position is that since, back in October, your friend had your EFFECTIVE CONSENT to possess the property (truck) then it doesn't become theft when you later withdraw your consent. By mentioning the demand letter, it seems like they are saying that this is... View More

1 Answer | Asked in Small Claims and Personal Injury for Texas on
Q: can i take legal action against a place of business where employees on a team outing bullied me?

good morning... three people were out on a company outing, drinking heavily, and texting me harassing things. i have panic attacks all the time, and they're triggered by one of these individuals specifically (he is also my husband). i asked for them to stop bullying me and it kept going. we... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 9, 2017

Unlikely as I believe I explained on a different post, but contact a member of the Texas Trial Lawyers Assn who handles employment matters--they give consults.I believe I suggested you talk to a counselor at a womens shelter to figure out what your options are as it sounds like an... View More

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Personal Injury for Texas on
Q: How do I know if a Settlement Agreement is a legitimate?

The first two pages is the cover sheet with no numbers on it and the other two pages is the settlement agreement with page number 3/4 and 4/4 could I be missing some pages?

Peter N. Munsing
Peter N. Munsing
answered on Dec 9, 2017

If you have a lawyer you need to talk to them.

As to the agreement 3/4 and 4/4 indicates that with the cover sheet included there were 4 pages total. You could be missing a page.

1 Answer | Asked in Car Accidents, Consumer Law and Small Claims for Texas on
Q: My vehicle was broken into and they stole the fog lights tires and wheels off of my truck while left at a dodge dealer

The dealer says they are not responsible but I feel that they should be responsible since they had possession of my vehicle

Steven Pate Harrelson
Steven Pate Harrelson
answered on Dec 5, 2017

Bailment law in Texas still requires you to show that the dealer was somehow negligent. That means that something they did breached their duty to you as a customer that led to the theft. It may be that they left your car parked in an area that was not secure, it may be that they knew or... View More

1 Answer | Asked in Civil Litigation and Small Claims for Texas on
Q: I won a small claims case back in 2011 for $4,000. Never got my money. Is there a statue of limitations?
Jack Ternan
Jack Ternan
answered on Nov 17, 2017

Texas judgments normally last 10 years and can be renewed.

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Small Claims for Texas on
Q: They told me that when the Doctor gave me the mmi rating of 5% × 3=15 × 266.00 = to 3990.00 back pay since they stopped

Paying me on November 25 2016 they told me to sigh to get paid then they closed my case what can I do to reopen my case and sue them I'm disabled I had 19 surgeries on my right ankle

Roy Lee Warren
Roy Lee Warren
answered on Sep 8, 2017

Assuming you signed a DWC 24, (an "agreement", but absolutely not a settlement because "settlements" are not allowed in WC) it probably included an agreement that you "agreed" to the MMI and IR given. If so you have a very hard situation because you will have to... View More

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Small Claims for Texas on
Q: Is there any was I can reopen my case they keep on telling me no but I know there's always something a lawyer can do to

Reopen my case

Roy Lee Warren
Roy Lee Warren
answered on Sep 8, 2017

I believe you are correct, a lawyer probably can figure out a way to reopen, particularly if you have it class correctly. WC cases in Texas are not supposed to be closed because they have life-time medical for the injury.

1 Answer | Asked in Civil Rights, Small Claims and Landlord - Tenant for Texas on
Q: Are my fair housing rights being violated? Do I have a case

I am a student and I signed a lease with an apartment company in October 2016 for a Fall 2017 move in. I gave them a preference form containing the room I requested to have in the 2 bedroom unit I signed for since I would have one other roommate in the other room. They didn't give me the room... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2017

The written contract for companies like this are generally pretty well-written to allow the company "wiggle room" about such things as giving you a two bedroom unit. It is sometimes worded as their "best efforts."

Filing suit in small claims court MAY help, but that...
View More

1 Answer | Asked in Criminal Law and Small Claims for Texas on
Q: brother in law has been hiding his deceased wife's 2014 Lexus in my driveway for 2 years. How to get it police-towed?

brother in law filed a lawsuit against deceased wifes heirs, but that case will be dismissed august 31, 2017. Heirs have put the title of the car in their name and have posted car stolen to police.

Marcel Wurms
Marcel Wurms
answered on Aug 11, 2017

Sounds more like a criminal law question, as you've been knowingly abetting him hiding stolen goods. Go see a lawyer.

1 Answer | Asked in Small Claims and Criminal Law for Texas on
Q: I hired a lady from craigslist to clean, she stole over $2500 in valuables plus two CC. What are my options?

I hired a lady from craigslist to clean my apartment in April 2017. She brought a guy with her. During the next couple days I noticed some of my items were missing. My engagement ring and wedding band, a star sapphire ring, 3 pairs of earrings, Ralph Lauren sunglasses, and two credit cards. My... View More

Anna Summersett
Anna Summersett
answered on Jul 11, 2017

If they entered your home with the intent to commit theft, they could be charged with Burglary of a Habitation. Otherwise, it is a simple Theft case and the range of punishment would depend upon the value of the property stolen. The items you described, put them well in the State Jail Felony... View More

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Landlord - Tenant and Small Claims for Texas on
Q: Is my girlfriend entitled to half my property if it is still owed and she has contributed to payments and maintenance?

The property is under my name only and was purchased before I met her. I am filing an eviction suit because she refuses to leave and claims she has rights. To my understanding, she has "tenant" rights, because she resides here I have to give her a certain time to vacate the premises and... View More

Ross F. Tew
Ross F. Tew
answered on Feb 16, 2017

It sounds like the two of you could sort this out with a mediator's input. I doubt she will agree to anything if she is not paid back, at least in part, for any contributions she has made to the purchase or improvement of property.

1 Answer | Asked in Civil Litigation, Small Claims and Arbitration / Mediation Law for Texas on
Q: Is there a way to return property to the owner without suing someone through civil courts, like a third-party mediator?

Currently, someone is in possession of our laptop but the PD has said it is a civil matter, not criminal. We would like to retrieve it without having to sue for the property, but the person currently in possession has not been entirely cooperative. Is this something we can mediate without having to... View More

Ross F. Tew
Ross F. Tew
answered on Feb 16, 2017

An attorney could send a demand and explain the next steps he or she would take if the property is not returned. Mediation would be appropriate if both parties have claims against each other, so there can be some trade-off and negotiation. If all that is at issue is the laptop I would have your... View More

1 Answer | Asked in Civil Rights, Small Claims, Personal Injury and Animal / Dog Law for Texas on
Q: My boyfriends ex girlfriend showed up at his house unannounced by kicking his door open. Then proceeded to come after me

We eventually ended up outside where we got into it physically. She then proceeds to call out to her dog and yells for him to repeatedly attack me. Which the dog bit me in 3 different places. Leaving me 3 marks that weren't able to be stitched up, and 11 staples between my arm, leg, and butt... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2017

Keep note of the facebooks but don't respond. She may end up saying something the DA will be interested in. If she has homeowners, you can make a claim (you can make a claim anyway, but without homeowners will you collect? My advice for now it see what happens with the criminal complaint.... View More

1 Answer | Asked in Small Claims and Personal Injury for Texas on
Q: If my neighbors damages my vehicle while popping fireworks do I have cause to pursue legal action.

They were popping less than 15 feet away from my vehicle while it was parked in it proper spot in the parking lot of our apartment complex.

Peter N. Munsing
Peter N. Munsing
answered on Jan 2, 2017

Yes. If you have collision why not give it to your insurance and let them go after the person? Either way you'll want to get an estimate or two so you know what it is.

1 Answer | Asked in Small Claims, Family Law, Personal Injury and Arbitration / Mediation Law for Texas on
Q: I pawned items with my ex, but the pawn ticket is in my name. Do I own the items if I pay the loan off?

There are items we purchased for ourselves and items we purchased for each other. We haven't spoken since he domestically assaulted me, for which I filed a police report and charges. I want to get my items out of the pawn shop, but I cannot take just one or two items from a ticket. I... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 29, 2016

You can see what the shop will do. If you pay get an itemized list. It'd be hard to separate out what got valued so my advice is make a clean break and 1)pay and keep your stuff 2) either give him his items or give them with a copy of the receipt showing what you paid and a polite request for... View More

1 Answer | Asked in Personal Injury, Business Law, Car Accidents and Small Claims for Texas on
Q: Can we cash it or is the boss entitled to it?

My husband is an independent contractor for a private courier company and drives a work van for the company. About 2 weeks ago he was rear ended in his work vehicle and sustained minor injuries (whiplash and neck/back pain). Police and his boss were called to the scene and insurances exchanged... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 18, 2016

No. Your husband may be entitled to more. He shouldn't cash. Also, workers comp would have a claim and you cash it is't on your husband. .Your husband needs to talk to a member of the Texas Trial Lawyers Assn--they give free consults.

Boss isn't enttitled to that. If...
View More

1 Answer | Asked in Real Estate Law, Securities Law, Sexual Harassment and Small Claims for Texas on
Q: Can a contract be enforced if the seller states he was under the influence?

Yesterday I got the news that the seller has agreed and signed on my offer to purchase a condo. Then today I get a call that he was under the influence of pain medication from yesterday morning's doctor's visit and that he does not remember agreeing to the contract. Can this contract... View More

Anton Pal Montano
Anton Pal Montano
answered on Apr 7, 2016

It is difficult to give an accurate answer to this question without knowing all the details of your case. Generally, for example, a person may argue that a contract is voidable because he did not have the capacity or legal ability to enter the contract due to being under the influence of drugs or... View More

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