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Texas Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Texas on
Q: I bought a used truck on 3/8/23 and no sooner than I got halfway home the electrical system began malfunctioning.

The next morning I went back to the dealership and was told their mechanics did diagnostics plus the sale was as is. The issues I am having are clear signs that the vehicle has been flooded so I took the truck to a licensed mechanic who confirmed in fact the truck has been flooded. The dealership... View More

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

I suspect you are confusing an “assumed name” with a “sole proprietorship.”

I would check the Texas Secretary of State’s records for Roalty 1 to see who the general partner is.

If, after doing your due diligence, you cannot tell, sue the dealership in the name it is using,...
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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...
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1 Answer | Asked in Criminal Law, Civil Litigation, Constitutional Law and Small Claims for Texas on
Q: Can I sue for being charged with felony but it was dropped to a misdemeanor for wrongful charges/loss of wage for felony

Walmart said I hit the employee showed on camera that I did not hit still charged me with a felony for robbery for under $25 worth of items I got it dropped to a misdemeanor theft of a person may I sue them for wrongful charges and for loss of wages and loss of home

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 16, 2023

No .you can't sue them for the district attorney office over charging you

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...
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1 Answer | Asked in Small Claims for Texas on
Q: I have credit card debt with a bank that I was unable to pay. They have filed suit .Can they take my social security ck

I am 72 yrs old single mom of special needs son and social security is our only income

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

No. Your social security payments are exempt from garnishment by a credit card creditor.

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...
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1 Answer | Asked in Family Law, Banking, Insurance Bad Faith and Small Claims for Texas on
Q: What to do if ex won’t endorse a two person signature check for an insurance claim where they were the co-signer on car

Ex lives on the opposite side of the country and is spiteful and won’t endorse a claims check made out in both our names cause they were on the car title as well unbeknownst to me. The check was sent to me but in both names and car insurance won’t change it. It’s my vehicle that I made all... View More

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

Most divorce decrees contain a provision requiring each of the divorcing spouses to execute necessary instruments to effect the property division contained in the divorce decree.

You may be able to secure an order from your divorce court compelling your ex to endorse the check.

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 Criminal Law, Civil Litigation and Small Claims for Texas on
Q: Is it criminal if my brother threw away my daughters, my girlfriend's son, and my baseball gloves?

I was driving my father's vehicle and went with my girlfriend and her son and my daughter to play baseball, and we all left our gloves and a few other items in the vehicle when done. My younger brother borrowed the vehicle afterwards, and he and I have a problem getting along due to his... View More

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

Replacing a few ball gloves likely only costs a couple hundred dollars. An hour-long consultation with a lawyer costs that.

I can’t think of any reasonably viable solution that would cost less.

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

W. J. Winterstein Jr.
PREMIUM
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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1 Answer | Asked in Small Claims for Texas on
Q: I took eye lash class I was scammed 1,500 dollars I did not know you need license to do lashes in Texas do I have a case

So I paid 500 for the class eye lash class my instructor told me she hires her students she help me get clients that did not happen , so I paid her 525 for deposit and 525 for rent she did not help me get clients she did not help me start my business, she new I took money from my life savings, I... View More

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

You probably cannot sue in this situation. Chalk this one up to not having done your own research. As I am sure you’ve now learned, the information is readily available to anyone who does ten minute’s research.

Now that you have completed the certification, apply for the license and...
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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 Consumer Law, Lemon Law and Small Claims for Texas on
Q: My girlfriend bought a car from a small car lot and 6 months later the engine blew. Is there anything we can do?

My girlfriend bought a car from a small car lot and 6 months later the engine blew. She still owes $11,000. They want $4000 to repair the engine. They won't tell us what is wrong with the engine just that we need to pay them to fix it. Is there anything we can do?

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

You should consider taking the vehicle to another mechanic for a second opinion given the size of the repair estimate.

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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3 Answers | Asked in Collections and Small Claims for Texas on
Q: What are my options if I received a civil lawsuit notification for a 7-year-old debt?

I am in Texas. The payday loan was taken out at least 9 years ago. I fell on really hard times and was unable to continue making payments after approximately 4 payments.

The notice from a legal geoup in Virginia states it is my 2nd notice although I didn't receive the1st.

I... View More

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Wait to be served by a sheriff. Then take the papers to an attorney to discuss whether to plead that the statute of limitations bars the lawsuit at this time.

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1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: I have 3 months left before my four years of statute of limitation is completed for unsecured debt.

I defaulted on unsecured debt from the lender/creditor named, Lending Club after I lost my job and underwent a very difficult financing situation. The last day of activity in the debt was 02/2019 when I made minimum payment. I thought their collection company gave up on me after repeatedly calling... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

They may file a lawsuit. It is hard to say, but one thing is certain. The best defense is a good offense. I have dealt with situations like this be fore for much larger sums of money and was able to position my client well. I need to learn more about the facts, but there may be an opportunity to... View More

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

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