Lawyers, Answer Questions  & Get Points Log In
Texas Small Claims Questions & Answers
2 Answers | Asked in Small Claims and Gov & Administrative Law for Texas on
Q: On fm 812 1 mile east of Elroy Texas. The 2 bridges are sinking and there is 2 huge dips.

My truck has been damaged from them. And I drive 5 under. I took my truck to the shop and there is damage to the front steering ball joints and tie rods every day it gets worse. Can I make the state pay the $1800 to repair my truck?

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2023

Addendum - a minute ago, I should have mentioned - these types of cases can involve notice of claim requirements. In other words, they can require filing certain notices (where applicable) to initiate and validate the claim. Nationwide, these deadlines can be short (in the order of days). That is... View More

View More Answers

2 Answers | Asked in Family Law and Small Claims for Texas on
Q: Can I sue my ex for his retirement if he violated an agreement on it with me years ago.

I filed for divorce in 2012. It was finalized 1 1/2 years later in 2013. His lawyers and I had negotiated in writing that I would agree to give up my portion of his retirement in exchange for him not seeking child support for any of our kids living with him. When 2 of my kids moved back with me... View More

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

It would be unusual for a court to approve an agreed decree that provides giving up any rights to his retirement is expressly conditioned on him never seeking child support from you. Usually, the parties’ division of their marital estate is independent of any agreement involving child support... View More

View More Answers

1 Answer | Asked in Small Claims, Employment Law and Contracts for Texas on
Q: Can an employer legally keep product that I paid for?

1099 sales person for Window World. Measured windows incorrectly by accident. The company makes me pay for the windows, they keep the windows, and they give the windows away to Habitat for Humanity for a tax break for themselves. There is not work agreement that explains this. The company claims... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

If you receive a 1099, you are not an employee but an independent contractor. As such, you control the manner, means, methods, and details of your work and set your own policies and procedures. Your relationship with any company that hires you is governed strictly by the terms of your contract... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Small Claims for Texas on
Q: Do I have a case in small claims court? Bought a puppy with AKC papers and breeder won't give them and is ignoring me

Breeder has been ignoring me for 8 months because I am asking for my dogs registration paperwork that she said he has. I paid $1500 for him under the assumption he had AKC papers and I have been lied to

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Yes, you have a valid small claims case. You should ask for either specific performance (i.e. give me the dog's registration papers) or the difference in value between an AKC registered dog (which most likely is the price you paid) and the value of an unregistered dog of the same breed (which... View More

3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 23, 2023

Under the Texas Family Code, an informal or “common law” marriage may be proved with evidence that:

a declaration of marriage has been signed; or the parties:

agreed to be married, and

after the agreement they cohabitated (lived) together, in Texas, as a married couple,...
View More

View More Answers

3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 24, 2023

Alright, considering what you've shared and the nuances of the Texas Family Code, here's some general information:

Legally Married vs. Common-Law: If you were legally married to your ex when you began your relationship with your new girlfriend, then you couldn't have...
View More

View More Answers

3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2023

This question is not specific enough for a yes or no answer but I would offer that you could not have been married to the girlfriend while still married to the ex wife. (I would be interested to know if you received the property in your divorce from her?) So even if a court found common law... View More

View More Answers

2 Answers | Asked in Small Claims, Landlord - Tenant and Probate for Texas on
Q: Not sure what type of law my case falls into.

my uncle served me with an eviction notice to move out my grandmothers house who passed away 3 years ago. Im not sure what documents he has because he is a half uncle that has never had any ties to my grandparents nor the house. my mom and aunt were the only two that my grandmother passed the house... View More

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

The eviction involves landlord-tenant law. The matter of ownership involves probate law. Good luck

View More Answers

2 Answers | Asked in Small Claims, Landlord - Tenant and Probate for Texas on
Q: Not sure what type of law my case falls into.

my uncle served me with an eviction notice to move out my grandmothers house who passed away 3 years ago. Im not sure what documents he has because he is a half uncle that has never had any ties to my grandparents nor the house. my mom and aunt were the only two that my grandmother passed the house... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2023

It squarely falls within eviction law from your perspective. You definitely need your mom and aunt to appear in court to show they inherited the house from your grandparents and to state you have permission to live there. Your grandmother’s probate record ought to clearly establish who... View More

View More Answers

1 Answer | Asked in Real Estate Law, Communications Law, Construction Law and Small Claims for Texas on
Q: If I bought a house with foundation issues, but were told those issues were corrected and they weren’t. what can I do

I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2023

Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof.

See a good...
View More

1 Answer | Asked in Civil Litigation, Small Claims and Employment Law for Texas on
Q: I lived and worked in the same home as a caregiver. I was there almost 2 years. I made $500 a month and given a room

And board. I caught my boss physically abusing grand daughters. I confronted him he told me to get out. I did turn him in to police and CPS was notified. Was kicked out without last pay immediately. Now I'm homeless. Do I have recourse?5

John Michael Frick
John Michael Frick
answered on Jul 28, 2023

Yes, you can file a wage claim with the Texas Workforce Commission for your unpaid wages. You may also be able to file a claim for unemployment compensation depending on the terms and circumstances of your employment. If, for some reason, you did not receive a Form W-2 or Form 1099 from your... View More

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: I believe an HVAC company improperly installed the unit. Won’t try to resolve it or return my messages. Can I sue?

We have gone 2 summers without proper AC even though it’s a brand new unit. I told him right away there has to be a leak and obviously he never checked it. He just kept putting more Freon. Now, this summer, he won’t return my messages and even blocked my number. I hired another company and they... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2023

Assuming the cost of repair was $20,000 or less, you probably have a decent case for small claims court.

You might also wish to contact the manufacturer of the unit regarding your 10-year warranty. Manufacturers generally take a dim view of authorized dealers who refuse to provide...
View More

1 Answer | Asked in Small Claims for Texas on
Q: what if an attorney fails to withdrawal yet the case proceeds?

and the client was not aware that the court had to approve an attorney's leave?

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

A case proceeds whether an attorney’s withdrawal is granted or not. In most instances, the court will not grant a request for withdrawal that will cause a delay.

An attorney must take reasonable steps to avoid prejudicing his client upon withdrawal. What that entails depends upon the...
View More

1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Bad Faith and Small Claims for Texas on
Q: Does a replied to email hold has much validation has a certified letter dose in court in Texas?³

Stowers someone for over policy limits

John Michael Frick
John Michael Frick
answered on Jun 10, 2023

An email can be effectively used to transmit a Stowers demand to an opposing party’s insurance company.

The benefit of certified mail is you have clear documentation of delivery.

But you can also request a delivery or read receipt to an email. And often, the recipient will send...
View More

1 Answer | Asked in Small Claims for Texas on
Q: What legal action can I take against an individual who owes a debt to me?

My ex sold my truck while I was incarcerated and forged my name on the title to do so. She is judgement proof so taking this to small claims would be pointless. What legal action can I take to collect the debt owed to me?

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Judgments can be good for 20 years and you earn a good rate of interest on them. You should go to small claims to get a judgment against her for "conversion" of your personal property to her private use (selling for money). This is a wrongful interference with your ownership rights.... View More

1 Answer | Asked in Health Care Law and Small Claims for Texas on
Q: Can I get my money back from a false-advertising therapist who started charging me but then realized he couldn't see me?

I recently started seeing a therapist who does not take my insurance. I opted to pay out of pocket because his company website advertised that he was a certified specialist regarding a specific issue I am facing. However, not only did I discover that he was not a certified specialist, but also that... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

You can always ask for a refund. You may be able to successfully sue the therapist in JP court for the $500. But it's only $500.

If it was me, I would write a letter requesting a refund. I would enclose a copy of a screenshot from the therapist's website where in advertises...
View More

2 Answers | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for Texas on
Q: What is the max amount of mental anguish can I sue for? The cost of the vehicle was $8590.50, in my suit what is the

maximum amount of economic damages I can sue for? In my demand letter can I ask for double the cost of the truck back or in my suit if it goes to court? I am prepared to send my demand letter today, I am just unsure of all the damages I can ask to recover. I am doing this without an attorney so I... View More

John Michael Frick
John Michael Frick
answered on May 5, 2023

You can ask for whatever amount you like. Awards of damages for mental anguish vary depending upon the facts and circumstances presented by the evidence to the jury.

A decent rule of thumb for settlement purposes is no more than 1.5x the amount of your medical expenses for whatever bodily...
View More

View More Answers

1 Answer | Asked in Small Claims and Car Accidents for Texas on
Q: Who has to pay for my stolen tires?

My car was at the repair shop due to an accident from an insurance claim. While there the fence was cut and my car along with three others had their tires stolen. I am being told to contact my insurance and file a claim so that the repair shop can pay the deductible. I do not understand why my... View More

John Michael Frick
John Michael Frick
answered on Apr 25, 2023

Most vehicle owners maintain a type of coverage called comprehensive coverage to insure their vehicle against things like theft and vandalism.

This is particularly useful when the perpetrators of theft or vandalism are unknown.

Since a repair shop or parking garage or shopping...
View More

2 Answers | Asked in Insurance Bad Faith, Small Claims and Car Accidents for Texas on
Q: Do you sue an individual or the insurance company, whereby an insurance company denies a claim / their insured at fault

In this case other party ran a red light resulting in collision accident, but claim was denied by at fault driver insurer in that there was no witness at the scene- but never deny the fact that the other driver ran a red light!

other party claimed couldn't speak English and Police... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2023

Texas does not allow a direct action against another driver’s insurance company. Sue the other driver directly. The other driver can then demand that his insurance company defend him and indemnify him from any judgment.

Our JP courts have jurisdiction up to $20,000. If the damage to...
View More

View More Answers

1 Answer | Asked in Consumer Law, Identity Theft, Small Claims and Civil Rights for Texas on
Q: I had got a loan from title max an there was a breach

I had got a Letter saying that someone hacked there there system all took all my personal information an my social id address account everything not just me thousands of people an on top of that it's been going on for 3months before they let me know what can I do about that an another thing I... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2023

It doesn’t sound to me like you have any damages from the privacy breach. If TitleMax has any account numbers or passwords, they notified you so you can promptly change them.

Yes, you still have to repay the loan. Title loan companies are “lenders of last resort” meaning that the...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.