Get free answers to your Small Claims legal questions from lawyers in your area.
The insurance company denied my claim that’s why I am suing for an independent analysis of the accident.
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... View More
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... View More
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
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
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.
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.
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
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.
Im interested in proceeding with the case even though the party i sued didnt answer, whats next? How do i file a default judgement?
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
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
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
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
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
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