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Texas Small Claims Questions & Answers
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...
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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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