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Texas Small Claims Questions & Answers
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 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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for Texas on
Q: What’s an appropriate settlement amount for food poisoning ?

Diagnosed with food poisoning by hospital, out of work for a week. Had proof of the that it was the restaurant’s responsibility. I want to be fairly compensated but I also wasn’t to be fair to the company as well.

John Michael Frick
John Michael Frick
answered on Jul 17, 2024

One week's lost wages plus whatever you paid for medical treatment for the food poisoning.

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1 Answer | Asked in Family Law, Real Estate Law, Small Claims and Landlord - Tenant for Texas on
Q: Me & my ex partner separated shortly after buying a home together we only lived together in the house for a month.

She refuses to vacate the property, list for sale, and remove herself from the deed. I called the bank to remove my bank information for the monthly payments but they stated it had be authorized by both which she is not cooperating. I had a lawyer I was working with but he has been stating for the... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

When two or more persons own a home together, each owner has the right to occupy the home absent a written agreement to the contrary signed by all of the owners. An owner can only sell that owner's interest and it requires all of the owners cooperating together to sell the entire interest in... View More

1 Answer | Asked in Small Claims for Texas on
Q: TX Time-Barred Debts - Can a debt recovery service purchase a debt and file suit past limitations period?

I recently discovered that I was sued by a credit card company after a financial institution froze some of my assets. I had no knowledge of the suit and was never notified or served. The court documents show that the case was dismissed or non-suited by the plaintiff in 2017. However, a well-known... View More

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

If the lawsuit was just filed in June 2024, you should hire an attorney to investigate the pleadings and status of the new JP case. If no judgment has been entered, there may still be time to file an answer and challenge the lawsuit. If a judgment has been entered, there may still be time to file... View More

1 Answer | Asked in Small Claims for Texas on
Q: Can I sue the company Jostens, inc? I paid for my son’s class ring in full 5/2023. I’ve been calling over a year.
John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Yes. You can file a small claims lawsuit in the JP court seeking a refund of what you paid them.

1 Answer | Asked in Small Claims for Texas on
Q: What amount of time do I have to appeal a debt case after receiving a judgment? (I was present for the court date)

Judge I. Garcia denied my request for full validation.

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

In a JP case, you have 21 days from the date the judgment was signed. See TRCP 506

1 Answer | Asked in Small Claims for Texas on
Q: In texas small claims court, how to file a change in defendant's name that was entered with a typo

I have just filed the petition, The defendants have been served yet.

John Michael Frick
John Michael Frick
answered on May 29, 2024

You can file an amended petition correcting the defendant's name. You will need to reissue citation and serve any defendant who has not yet answered.

1 Answer | Asked in Small Claims for Texas on
Q: I have a property damage case how do I prove somone was there if they deny it?
John Michael Frick
John Michael Frick
answered on Apr 29, 2024

You can call witnesses who saw the person, authenticate and offer a photograph or other video, or establish the presence of the person with forensic evidence like fingerprints or DNA.

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.

1 Answer | Asked in Family Law and Small Claims for Texas on
Q: How to get money that is owed to me and ring back from an ex fiancé who broke off the engagement?

She owes me money for her movers that I paid for and said she would pay me back. Money loaned to pay her employees when she couldn’t, and when we moved in together she agreed to pay for half the utilities, but always said she didn’t have the money and would pay me at a later date.

She... View More

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

An engagement ring is usually considered a gift, so you are not entitled to the ring back. As for the other items she owes you for, our justice of the peace courts have jurisdiction over small claims up to $20,000.

1 Answer | Asked in Car Accidents and Small Claims for Texas on
Q: When filing in Small claims court, which Justice of Peace location should I pick for car accident case?

is it based on the defendant's address or plaintiff's address or accident location?

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

you may choose to file in the county and precinct in which the Defendant resides if the Defendant is a natural person or in the county and precinct where the accident happened.

2 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Texas on
Q: Compensation-non-utilization of leased car,high emotional distress,unusual expenses due to 5 month repair of leased car

Adjuster is paying only for rental cars and $500 for emotional distress.We have 12000 unused miles on our lease which may not be utilized.We need the lease payments for this period to be reimbursed.We used Uber, food delivery only when we did not have a rental car.But the adjuster has refused to... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Yes, you can sue the at-fault driver. If the other driver is 100% at-fault, you can sue for the full amount of your compensatory damages including past and future pain and suffering and past and future mental anguish.

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1 Answer | Asked in Business Law, Contracts and Small Claims for Texas on
Q: My Dell computer package was stolen off of my porch, there were no witnesses.Dell won't help and I'm stuck owing $800?

I ordered a laptop from Dell and when it was supposedly delivered I opened the door and nothing was there I was told to file a claim with the police by Dell because it was assumed to be stolen. There was no real investigation to my knowledge and Dell marked the case as fraud. The laptop was $800... View More

Darryl "D" Shaper
Darryl "D" Shaper pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023

did you see if your credit card company has any protections for lost or stolen purchases? Some do.

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