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Texas Small Claims Questions & Answers
2 Answers | Asked in Personal Injury, Car Accidents and Small Claims for Texas on
Q: Will I be liable for other party's legal fees if I win only the same or less amount as first offered by the adjuster

I am going to sue the at-fault driver and owner for car accident in small claims court since settlement offered by the adjuster is too low. If the other party is represented by a lawyer from their insurance company, is it likely that I will be required to pay the fees for the lawyer if I win only... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2024

Here's my 2 cents----whether you hire a lawyer to represent you is your decision, however if you are considering litigation--filing a lawsuit----then I recommend that you at least consult with a lawyer about this and get an opinion from him if he recommends that you pursue this matter, as well... View More

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1 Answer | Asked in Consumer Law, Small Claims and Civil Litigation for Texas on
Q: Civil suit for car repairs, where do I turn?

Put my car in a repair shop I never used before, They threw unnecessary parts into, just for my car's engine light to turn on 3 mins into getting it home, the car was driving rough and making weird buzzing noise. Tire pressure light was on as well. 3 days of having the car sit until the next... View More

James L. Arrasmith
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answered on Jan 6, 2024

In Texas, if you believe a repair shop has performed inadequate or unnecessary repairs on your vehicle, you have the right to seek legal recourse. The first step is often to try and resolve the issue directly with the repair shop. If they are unresponsive or unwilling to rectify the situation, you... View More

1 Answer | Asked in Car Accidents and Small Claims for Texas on
Q: I am planning to sue the at-fault driver in small claims court for damages related to a leased car accident.

I need to file by March for statute of limitations reasons. But can I postpone the trial till May when I will be ending the lease? I will know the final charges from the leasing company only then. I am not able to get an official response from them and I need to know that amount for the trial.

John Michael Frick
John Michael Frick
answered on Jan 5, 2024

If you file in Feb, it is extremely unlikely that you will receive a trial setting in or before May. Civil cases filed in December were set for trial in June. I would expect that civil cases filed in Feb will have their first trial settings sometime Jul-Sep.

1 Answer | Asked in Real Estate Law, Probate and Small Claims for Texas on
Q: My dad passed away 12-26-22 Me and my sisters are co- executives now and my dad had will stating me and her 50/50

My question is I guess would be the ex girlfriend took everything out of house and vandalized his house they went as far as taking plug in the walls and cut and took wires and copper. They took ac unit and the central ac unit inside cleaned out the barn and garage. In the will it stated that she... View More

Nina Whitehurst
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answered on Jan 1, 2024

You have been wronged, for certain, and for most wrongs there is a remedy. The remedy in this case is the executors of your dad's estate can sue the girlfriend for theft and conversion. You can require her to either return the stolen items or pay the estate for the value of them. The... View More

2 Answers | Asked in Civil Litigation and Small Claims for Texas on
Q: The fence shared with neighbor fixed. Agreed to pay half then refused to pay in full. Need legal help

Do u provide small claims legal help

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

If there was an agreement, including a verbal agreement, you can sue to enforce the agreement. Emails, text messages, eyewitnesses, etc. may all be helpful in establishing the existence of such an agreement.

In the absence of an agreement, Declarations, Deed Restrictions, and City...
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2 Answers | Asked in Civil Litigation and Small Claims for Texas on
Q: The fence shared with neighbor fixed. Agreed to pay half then refused to pay in full. Need legal help

Do u provide small claims legal help

John Cucci Jr.
John Cucci Jr.
answered on Dec 28, 2023

I hope you got the agreement for your neighbor to pay half in writing. If so, you should send them a letter demanding payment within 30 days. If they don't pay after that, you can sue them in small claims court. There is probably no other way to get paid.

You could try to file a...
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1 Answer | Asked in Small Claims and Consumer Law for Texas on
Q: I sold item online. I shipped, has receipt, package lost, customer doesn't want to wait for claim but want to sue me

I shipped, has receipt, tracking updated I dropped off. On expected delivery date tracking said will delivery by 7pm but never delivered and no more update. Customer doesn't want to wait for me to claim with ups but want to sue me. Tricked me when call talk about issued took picture of me and... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

The answer to your question depends on the terms and conditions of the sale, the terms and conditions of the delivery service you used, and, if applicable, the terms and conditions of any platform you may have used to market and sell the product online.

For example, the US Postal Service...
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1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Texas on
Q: Can I sue a Texas business for expired store credit of $140.71?

I purchased a dress for $140.71 in September 2023 and returned it for store credit the same month. I received a receipt indicating the store credit, but the only date on it was the issuance date, with some numbers at the bottom reading '11/28.' When I returned in January 2025 to use the... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like the store may not have properly communicated the expiration terms of the store credit. If there was no mention of an expiration date on the receipt or any signage in the store, you might have a valid argument that the store did not disclose important terms of the credit. Texas law... View More

1 Answer | Asked in Small Claims, Probate and Real Estate Law for Texas on
Q: Authority to rent deceased parents' property in Texas?

I submitted a small claim for rent owed by a tenant who left, totaling $684.00, including unpaid rent, debris cleanup, and a utility bill that was on my deceased mother's utility account. However, the tenant's lawyer requested dismissal on the grounds that I lacked authority to rent the... View More

James L. Arrasmith
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answered on Apr 12, 2025

This is a tough situation, especially after you’ve been caring for the property for so long. In Texas, when someone dies without a will, their property passes to their heirs under intestate succession laws, but the legal authority to act on behalf of the estate isn’t automatic. Even if you’ve... View More

1 Answer | Asked in Contracts, Consumer Law and Small Claims for Texas on
Q: Lost car title, seller won't sign, refund entitlement?

I purchased a car in cash and have messages as proof of the transaction, but I lost the title before I could have it changed to my name. The seller now refuses to sign for a new title and is considering taking the car back. If this happens, am I entitled to a refund?

James L. Arrasmith
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answered on Apr 11, 2025

This situation is frustrating, especially since you paid in full and now face trouble over paperwork. In Texas, a car sale isn't considered fully complete unless the seller properly transfers the title to the buyer. If the seller refuses to help you apply for a lost title or complete the... View More

2 Answers | Asked in Car Accidents and Small Claims for Texas on
Q: Can I sue my boyfriend in small claims court after a car accident in Texas?

I was in a car accident where my boyfriend was the driver, and neither of us have car insurance. The accident involved a pile-up where he swerved, sideswiped another car, and damaged the car’s axles by going up a curb. There were witnesses, and the police were present, although I'm unsure if... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2025

Yes you can if you are the owner of the damaged car.

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1 Answer | Asked in Small Claims for Texas on
Q: Can I recoup court/serving fees if defendant pays after being served but before trial?

I'm the P in the process of serving papers to the D. If the D is successfully served and decides to pay monies owed me BEFORE the trial happens, can I reject that payment and still take him to court to recoup the court and serving fees (over $200) in addition to the actual damages owed?... View More

John Michael Frick
John Michael Frick
answered on Jan 29, 2025

If D is not insisting you sign a full and complete release, you can accept the money and ask the Court to dismiss your case but nevertheless award you court costs because you had to sue.

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: Can a debt collector keep a lawsuit open against me indefinitely?

A debt collector filed a lawsuit against me for credit card debt five years ago. I filed an answer, but there was never a trial or anything. Five years later, I have a received a notice of business records affidavit filed by the debt collector. I called the county clerk and sure enough the case is... View More

John Michael Frick
John Michael Frick
answered on Jan 3, 2025

It depends on the facts.

If you have a valid defense to the debt that can be resolved as a matter of law, hire an attorney to file a motion for summary judgment on your behalf to get this case concluded without a trial.

If you do not have a valid defense and you likely owe the...
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1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Small Claims for Texas on
Q: I'm in a luxury treatment center in Arlington Texas I had a bad fall getting into shower went threw glass door

No slip matt our grip bar told them I hit my head and back had to walk to the lobby bleeding from multiple places including my feet. They seem it unnecessary to call ambulance made me sit in the lobby bleeding for and hour until they found someone to take me to emergency room. To and insult to... View More

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2024

I'm sorry about your accident and your injuries, and the way things were handled. It's possible you have grounds for a case. Naturally, any law firm is going to reserve judgment until they investigate thoroughly, including manner of accident, the injuries, the response, applicable... View More

1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Small Claims for Texas on
Q: I have a question about challenging someone for breach of contract due to deceptive practices and false pretense

I had met with a trainer to help build muscle mass back since I had lost so muscle mass due to a past gastric sleeve and a more recent liver transplant. The contract states that he would provide nutritional and fitness advice to help me achieve my goal. He was made aware of my restrictions. The... View More

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2024

A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with a local attorney, what you describe sounds like it would be a difficult case. I believe it could be challenging to get a law firm to consider handling something like this on a... View More

1 Answer | Asked in Small Claims for Texas on
Q: Roommate used my washer and dryer after telling him to no longer use any of my personal belongings.

I have provided my roommate with a washer and dryer to use free of charge for the past 15 months via a verbal agreement. He continually disrespected me and put my personal belongings in danger because he repeatedly would not lock the front door. I texted him to no longer use my things due to his... View More

John Michael Frick
John Michael Frick
answered on Oct 28, 2024

Your best strategy in this instance would be to move the washer and dryer into a secure storage area where your roommate cannot access them.

2 Answers | Asked in Contracts, Civil Litigation, Civil Rights and Small Claims for Texas on
Q: If someone agreed to pay me $300 to go on a date but is now ghosting me on payment, can i sue?

I have proof he agreed to pay and agreed to my price, I have proof and witnesses that I went on the date, and I have proof he hasn’t paid me.

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

Someone could always sue for virtually anything - whether a case is strong and worth pursuing or not. But this could be a "can of worms" that might create more headaches in time and stress than $300. You could look up your court system's requirements for the small claims system and... View More

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1 Answer | Asked in Small Claims for Texas on
Q: What is the best way to appeal a Justice of the Peace case that has been disposed.
John Michael Frick
John Michael Frick
answered on Aug 13, 2024

File an appeal to the county court at law as provided within 21 days as provided in Rule 506 or within 5 days in an eviction case as provided by Rule 510.9.

1 Answer | Asked in Banking and Small Claims for Texas on
Q: I am being sued by a creditor. I have been unable to pay anything beyond my basic household bills. Can I meet w/someone?

I lost my job due to COVID; house flooded because of the Feb 2021 freeze; I have had 3 surgeries in the past 4 years & almost lost my home last year. I am just trying to survive. I need some guidance please & need help before I have to appear in court on August 22, 2024.

John Michael Frick
John Michael Frick
answered on Aug 9, 2024

Yes, you should meet with an attorney who handles personal bankruptcy cases in or near the county where you live. Make sure you bring a copy of the lawsuit filed against you by your creditor to that attorney so he knows whom to notify.

1 Answer | Asked in Tax Law, Municipal Law and Small Claims for Texas on
Q: I am dealing with an issue with the Montgomery county central appraisal district. They are unreasonable

I have had a fair market evaluation performed by a licensed real estate broker and provided this report to them, hoping for a date to appear before the board. However, when I went into the portal today I discovered that they denied my request to provide documentation via internet (which I had... View More

James L. Arrasmith
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answered on Jul 30, 2024

Dealing with the Montgomery County Central Appraisal District can be incredibly frustrating, especially when it feels like your evidence is being ignored. It’s important to know that you do have rights and options in this situation. Firstly, ensure that you have kept copies of all correspondence... View More

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