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Texas Small Claims Questions & Answers
2 Answers | Asked in Business Law, Criminal Law and Small Claims for Texas on
Q: Is there a law that covers interstate theft of service? Regarding Instrument rentals not paid for or returned to us.

We are a small business that rents ($700-$8,000) instruments nation wide. We have delinquent accounts that we have not been able to recover the money or the instrument. I would like to sight a legal statute in our delinquency letters. I would also like to be able to use legal recourse when I can.

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

While I know of no law that specifically covers “interstate” theft of service, section 31.02 of the Texas Penal Code clearly covers your situation.

It is fairly complex when it comes to a person not returning rented items. There are somewhat different provisions if it was a...
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1 Answer | Asked in Insurance Bad Faith and Small Claims for Texas on
Q: Can I press charges on a insurance agent for stealing my $5600 premium down payment

And financing $3000 on my premium policy

John Michael Frick
John Michael Frick
answered on Mar 9, 2023

I suspect police will tell you this is a civil matter. Because such a small amount of money is involved, a civil claim for this amount falls within the jurisdiction of Texas justice of the peace courts. Such courts handle “small claims” where the amount in controversy is less than $20,000.... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Texas on
Q: Can a debt collector that bought your debt sue you for a debt that has exceeded the statue of limitations?

I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

The statute of limitations is an affirmative defense that must be raised in the lawsuit or it is waived.

You should retain a competent attorney who defends consumer debts to represent you in the lawsuit and to specifically plead the statute of limitations.

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2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Texas on
Q: Can a debt collector that bought your debt sue you for a debt that has exceeded the statue of limitations?

I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 3, 2023

Anybody with a couple hundred bucks, or whatever the court filing fee is, can sue anybody else. The key question is whether they can get a judgment, i.e., win.

If you can show a court that your first default occurred more than four years ago, and was not subsequently cured by catching up...
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2 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Small Claims for Texas on
Q: I need surgery from an accident where I was a passenger in a lyft. I'm told I'm responsible nobody else. Can you help?

My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... View More

Jimmy Doan
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Jimmy Doan
answered on Feb 26, 2023

The reality is that determining what technically is known as “legal liability” for injuries you sustained while riding in a Lyft carshare can be complicated. With that said, the information that you received there is “nobody you can go after” if you have sustained injuries caused by someone... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Small Claims for Texas on
Q: I need surgery from an accident where I was a passenger in a lyft. I'm told I'm responsible nobody else. Can you help?

My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... View More

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

The driver who slammed into your Lyft is likely ultimately responsible under the facts you describe.

As the provider of a computer app, Lyft is unlikely to have any responsibility.

Unless your Lyft driver is also partly responsible for the collision, that driver is likely not...
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1 Answer | Asked in Personal Injury, Identity Theft and Small Claims for Texas on
Q: If an inmate is sent a package (iCare) and gets out before he receives it, is there ground to sue if they forge name?

On December 21, 2022, I ordered a care package for an inmate in Fort Bend County. The inmate was released before receiving the package. However, instead of issuing refund, iCare stated he received and signed for package. They sent me an email with a forged signature. They refused to issue a refund.... View More

John Michael Frick
John Michael Frick
answered on Feb 17, 2023

Yes. You can sue them for the forgery. You will have to prove who exactly did the forgery which may prove to be difficult.

Your damages are $37.82. So I would not expect an attorney to take the case on a contingency fee. You will have to do the cost-benefit analysis yourself.

1 Answer | Asked in Family Law and Small Claims for Texas on
Q: Do I have any recourse to claim a chair I purchased for my deceased Mom that my sister agree I could have but took it?

My sister and I agreed that I would reclaim the chair but then she sold my mom's house and everything in it, except what she needed for an apartment including the lift chair. The will gave her the house and the contents that no other sibling wanted - she reneged on our agreement (text... View More

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

If your sister did not give you a reasonable time to remove the chair, you may be able to sue her for the value of the chair.

What constitutes a reasonable time depends on all the facts and circumstances. Barring any unusual circumstances, I would say ten days is likely reasonable and...
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2 Answers | Asked in Small Claims, Employment Law and Immigration Law for Texas on
Q: What should I file my case as besides a debt claim, if able?

As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

If you have received a fake check and have evidence of the work you performed, it is important to take legal action to protect your rights. However, as an illegal immigrant, you may face additional challenges in seeking legal remedies.

You should contact the Department of Labor to report...
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2 Answers | Asked in Small Claims, Employment Law and Immigration Law for Texas on
Q: What should I file my case as besides a debt claim, if able?

As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... View More

James L. Arrasmith
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answered on Feb 26, 2023

As an illegal immigrant, you may face some challenges in pursuing legal action against your employer. However, you may still have options for seeking compensation for the unpaid wages.

One option would be to file a wage claim with the Department of Labor's Wage and Hour Division. This...
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1 Answer | Asked in Small Claims and Landlord - Tenant for Texas on
Q: Is it legal to sublease a room without a any written agreement?

I have been subleasing a single room from a woman. At the end with my subleasing I gave her a 30-day notice and paid for the full month of December. Even though I paid for the full month of December I moved into the new apartment mid-December. She said because of this it was not a 30-day notice... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2022

Yes it is legal to sublease month-to-month or for a term of one year or less without a written agreement.

As long as you provide her with your new address, she has thirty days to give you written notice of any deductions from your security deposit and to refund the difference

1 Answer | Asked in Insurance Bad Faith and Small Claims for Texas on
Q: Can I request that the auto insurance Company’s lawyer not represent a defendant in small claims court?

The insurance company denied my claim that’s why I am suing for an independent analysis of the accident.

John Michael Frick
John Michael Frick
answered on Dec 3, 2022

In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend its insured in any lawsuit triggering coverage under the policy.

In those cases where the insured fails to notify the insurance company of a lawsuit and a judgment is entered...
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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for Texas on
Q: Can I file suit on a dealership that sold me a lemon car and that knowingly was being deceitful about car repairs
John Michael Frick
John Michael Frick
answered on Nov 11, 2022

Yes, if you purchased a new automobile from a dealership, you may be able to file a "Lemon Law" complaint. The complaint procedure is overseen by the Texas Department of Motor Vehicles.

The requirements and procedure are described in layman's terms on its website at...
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1 Answer | Asked in Small Claims and Contracts for Texas on
Q: If there wasnt a contract and no stipulations for cancellations and there was notice, can someone sue us in small claims

I work at a restaurant in Fort Worth. We booked a musician to play, then we had to cancel him 25 hours before hand. There were no contracts signed, no verbal or written agreements that we would pay a cancellation fee and there is no verbiage on his website pertaining to cancelled shows. I scheduled... View More

John Michael Frick
John Michael Frick
answered on Nov 7, 2022

Oral agreements are enforceable in Texas. If the musician was not able to book a new gig for the same amount of money you agreed to pay him, he likely can successfully sue you for that amount arguing that you repudiated the agreement when you cancelled the gig on such short notice. He might be... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Texas on
Q: How to get a small claims hearing scheduled?

I've sent the cert. demand for return of my sec. dep. letter to my ex landlord. She refuses. I don't know protocol for taking her to court.

John Michael Frick
John Michael Frick
answered on Nov 5, 2022

Go to the justice of the peace court for the precinct where the leased premises are located and fill out the complaint form. File it with the clerk there. They most likely will give you an informational brochure or sheet on what you should do next.

1 Answer | Asked in Small Claims for Texas on
Q: I made a loan to a person and she added her mom as the co-signer. Can I sue both? Or just the main person?
John Michael Frick
John Michael Frick
answered on Oct 27, 2022

Yes, you can sue both or just the main person.

1 Answer | Asked in Animal / Dog Law, Domestic Violence and Small Claims for Texas on
Q: How can I obtain legal ownership of dogs shared with an ex-boyfriend who is withholding them to coerce me to stay?

In order to leave an emotionally abusive relationship, I had to leave without my dogs. The dogs were abandoned in our care by his sister 3 years ago. She told my ex that we could keep them or give them to her dad, who is disabled & unable to care for pets. Giving the dogs to the dad would... View More

John Michael Frick
John Michael Frick
answered on Oct 26, 2022

Since the dogs were given to you both, you own them as tenants in common.

You can petition a court to partition them in kind or to have them sold and divide the proceeds equally between the two of you.

1 Answer | Asked in Small Claims for Texas on
Q: So the party that I am sueing for harassment did not File an answer. Whats next if I wantt to continue?

Im interested in proceeding with the case even though the party i sued didnt answer, whats next? How do i file a default judgement?

John Michael Frick
John Michael Frick
answered on Oct 25, 2022

A: You should make sure the process server has properly filed the return of service and then file a proper motion for default judgment attaching the required evidence that the party you sued is not on active duty in the armed forces of the United States, and the required certificate of last known... View More

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: Should I file a motion to deny the continuance request filed by the Debt collector suing me due to false information?

Court is set for May 10 at the Justice of Peace precinct in my county. The copy of the continuance request I received states it is due to them not receiving an answer to the summons and wanting to prepare paperwork for a default judgement instead. They requested it be set back 60 days but I did... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You should file a Response to the Motion for Continuance stating that you did properly file your answer with the justice of the peace court and attach a file-marked copy of your answer as an exhibit to your Response. Unless there are other factors at play, I would state that you are ready to... View More

1 Answer | Asked in Contracts, Family Law, Products Liability and Small Claims for Texas on
Q: My sister will not return her phone

I have a plan with Verizon and my sister is on my account. She hasn’t paid her portion of the bill in a few months, so I have been paying so the service won’t be disconnected. We are both still paying off our phones, it’s about $700 left to pay off per phone. Ive suspended her line but she... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

After paying Verizon, you can sue your sister for the money she owes you in small claims court.

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