Get free answers to your Small Claims legal questions from lawyers in your area.
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?
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.
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 
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.
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
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
I have an issue with a landlord who filed a wrongful eviction on us in March 2022. The Justice of Peace allowed the eviction, so we appealed his decision. We had the appeal hearing on June 13, 2022 in County Court & won at trial. We were awarded an order of "Take Nothing Judgement"... View More
answered on Oct 16, 2022
Since you didn’t appeal the second eviction case, your best course of action is to move all your stuff out and secure a new place to live. Otherwise, your property will likely be placed on the curb and could get damaged or stolen.
Whether the second eviction judgment is “legal” or... View More
Plus, if it never was repaired, am I still entitled to the cost of what it would have cost to repair the damaged item.
answered on Oct 3, 2022
The law allows you to recover the reasonable "cost of repair" for property negligently or intentionally damaged by another person, regardless of who repairs it and regardless of whether it is repaired.
For example, it is not uncommon in an older automobile that the cost of... View More
I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... View More
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answered on Sep 10, 2022
This is a classic move by a home builder company. Unfortunately, it is time to sue.
You need to visit with an experienced lawyer who handles real estate contracts and litigation.
Your rights are in the agreement you entered into with the seller and/or builder. The details will... View More
How do I make an adjustment to what I am suing for in county court. I need it to be slightly different then what I wrote on the petition and said in small claims court. For example I put, I was suing for DTPA. I am now wanting to sue for DTPA and or in replace of the price of the car. How do I go... View More
answered on Sep 7, 2022
You should ask your attorney to amend your petition.
Small claims court is a very different forum than county court. In county court, you will not have a simple "appointment," you will have a trial. You will be required to follow the Texas Rules of Civil Procedure in... View More
On August 22, 2022 my husband purchased a dozen Donuts and brought them home for us to eat. My niece was biting into her donut and started spitting out pieces of it and yelled ugh a bug is in my donut. I grabbed a napkin and then my phone and took a close up pic and saw it was actually a bug cooked... View More
answered on Sep 2, 2022
A Texas attorney could advise best, but your question remains open for two weeks. You could sue, yes. But you probably mean can you sue in a case that would be meaningful. I think that most law firms would be reluctant to handle such a case on a contingency basis. Your experience may have been... View More
The contract was signed last year 7/21. After the money was sent, the individual vanished. I tried several times to collect payment. The money was indented and written for the investment of an 18- wheeler truck. The contract also stated I could have rights to drive. At this time I'm not... View More
answered on Sep 1, 2022
You most likely need a debt collection attorney in the state where the LLC on the loan contract is located and where the individual resides.
My wife had some speakers installed in the vehicle. Invoice and paperwork is in her name. The dealership will not allow her to get her equipment out of the vehicle saying they will dispose of it after 15 days. Is this legal and does she have a small claims case?
answered on Sep 1, 2022
Speakers which are permanently affixed to a motor vehicle (such as by being wired into the vehicles sound system or being screwed in place) become part of the motor vehicle. If the dealership has a legitimate claim to keep and dispose of the vehicle (e.g. a purchase money lien or mechanic's... View More
And there's no buyer's protection on this app that I sent the money through
answered on Jul 18, 2022
You should make a police report. In the future, if suggest only using a payment system with some kind of buyer protection (like paypal, etc). Good luck.
I live in a complex that is owned by an LLC. The registered agent for the LLC is also the on-site property manager. When filing evictions instead of paying the filing fees she submits an Affidavit of Inability to Pay. She is not included as a plaintiff in the suit. Only the LLC is listed as... View More
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answered on Jul 17, 2022
You have raised a serious question. I woould like to see the Affidavit filed requesting a waiver of the filing fee. If the LLC is owned by the person filing for the fee waiver, it might be allowed. But if the LLC is not a little mom & pop business, and they have many units, it might be fraud.... View More
The question above is relating to two people, one is the seller withholding information and the items purchased and the other is the buyer being lied to and cohearce into helping the seller to pay for their bills and will not deliver the paid goods unless paid otherwise. Is this extorsion, can you... View More
answered on May 23, 2022
Law enforcement might refuse to get involved because it is NOT a crime unless there is reason to believe that the seller already had the INTENT to keep the money without delivering the goods AT THE MOMENT the money changed hands. Basically, a scam.
On the other hand, if the seller did... View More
The person who purchased the car from an auction kept it for a year then sold it to a 25 year old kid which kept it for a year and then sold it to the person that I bought it from which had no clue the car had even been damaged. what could the person who is responsible for all of us wasting our... View More
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answered on Apr 19, 2022
Wow!
That is quite a story. Sorry to hear about it.
So there is so many actors in this mess that I can not imagine any prosecutor would bother with a prosecution. The one exception would be if this is part of a bigger scam by someone and this is just one example of that larger scam.... View More
I am a truck driver. In one of my deliveries, my trailer was damaged by one of the employees of the warehouse. They have accepted responsibility but have neglected my claim for the diminished value of mu trailer. I was going to sell it for 70k but now due to the accident the value of the trailer... View More
answered on Apr 16, 2022
A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for the damages to your trailer. You have a number of options. The first would be the cheapest, which is trying to continue negotiations. At this point, you may have already resolved the matter. But if... View More
Title. The car was repossessed after I fired their son and I guess they stopped making payments then. The Lien holder gave me the car with my name as the customer without any payment due and I have a paper with all information saying so. Would the car then be mine?
The first part of the... View More
answered on Apr 3, 2022
If you only paid the lienholder, but not the actual seller, then the vehicle would still belong to the seller. The lienholder can only release its lien; it cannot give you title to the vehicle (unless the lienholder had repoed the vehicle).
If you only paid the seller, but not the... View More
What can we charge him with? And what evidence would be needed?
answered on Mar 12, 2022
You can charge him with theft of services. If you know who he is charge him prior to getting his massage,
I’ve lost thousands of dollars in property because in Texas “she’s allowed to break my things.” Including a laptop that I used for school and to support my livelihood through a small business. I’ve been displaced without a home or job, forced to abandon my car and property and fly to the... View More
answered on Feb 1, 2022
If you are not married then your stuff I not legally her stuff too, and therefore she commits the offense of Criminal Mischief if she decides to break it without your consent. That said, law enforcement isn't usually going to make an arrest in a situation like that unless (1) it is reported... View More
It's a very large slab of wood worth over 1000 in it's raw form. It is really heavy so I have to get help to move it (31, F) There have been several times when he could have stated his sudden belief of ownership, but even the day it came into question he tried to hide what he was doing... View More
answered on Jan 18, 2022
Don't go trespassing, and especially not during the nighttime with the intent to recover property that he thinks belongs to him. If he has a decent attorney, he would probably get away with shooting you dead under those circumstances.
Frankly, this sounds like a matter for civil... View More
Both parties live in Texas, I know where she works, and lives, but I have it on good authority she will be moving sometime this year (2022). She doesn't have many (probably any) assets, rents the house she and her family live in (she's engaged, but not legally married, they have 1 kid... View More
answered on Jan 13, 2022
Most of the small claims courts and local courts have pamphlets which generally discuss ways to collect a judgment and what to file. That said, depending the amount of the judgment, you might best be served to contact a collection attorney and at a minimum seek a consultation on how to proceed and... View More
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