Ask a Question

Get free answers to your Small Claims legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Personal Injury, Collections and Small Claims for Texas on
Q: There is a guy who has been booking massages around San Antonio and Austin, then running out without paying.

What can we charge him with? And what evidence would be needed?

Penny Wymyczak-White
Penny Wymyczak-White
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,

1 Answer | Asked in Civil Rights, Domestic Violence and Small Claims for Texas on
Q: My ex has been destructive and abusive but I have no “proof” in Texas. What can I do legally to hold her accountable

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

Kiele Linroth Pace
Kiele Linroth Pace
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

1 Answer | Asked in Criminal Law, Collections, Domestic Violence and Small Claims for Texas on
Q: I have some personal property voluntarily held at a friend's house whom is now suddenly claiming it as his own to sell

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

Kiele Linroth Pace
Kiele Linroth Pace
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

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: I was awarded a judgement in small claims court, but I have no idea where to start on the collections process.

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for Texas on
Q: Not sure what to do. getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt.

Hello im getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt. I was wondering if i could settle the debt before going to court and if so how to go abour that. Ive never been sued so i have no idea what to even do or who to contact. My citation papers were served on... View More

Leslie Ann Werner
Leslie Ann Werner
answered on Jan 8, 2022

It's extremely important for you to file an answer in a case like this, so they do not get a default judgment against you. For this amount of money, it's probably not cost-effective to hire an attorney, but if it was for a larger amount, definitely seek counsel.

And to...
View More

1 Answer | Asked in Small Claims for Texas on
Q: I was scammed 2100 dollars. what are the steps I should take to get it back?
Tim Akpinar
Tim Akpinar
answered on Oct 27, 2021

A Texas attorney could advise best, but your question remains open for four weeks. Answering your question could depend on the nature of the scam. If it was by a private individual, you could gather your proof and pursue the matter in small claims. If it was something involving a business,... View More

1 Answer | Asked in Products Liability and Small Claims for Texas on
Q: Who do i message about the Johnson and Johnson conditioner and shampoo. If i want to sue for significant hair loss.
Tim Akpinar
Tim Akpinar
answered on Oct 1, 2021

A Texas attorney could advise best, but your post remains open for two weeks. You could go online to find out whether there are current and pending actions involving the product(s), and whether law firms are accepting clients. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: Do I send newLetter w another 30 dayDeadline to total 60day altogether orSend newLetter w 60day deadline to total 90day?

A business violated theDeceptiveTradePracticesAct & false advertised. They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice. I was given runAround & excusesSo I contacted corporate about it and... View More

Leroy Scott
Leroy Scott
answered on Sep 10, 2021

Two wrong letters won't make it right. Send a new letter giving 60 days, unless doing so will cause the statute of limitation to run, in which case, you do not need to give notice.

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: HowDoIFix/proceedAfterGivingIncorrect deadlineOf30day inDemandLetter whichShouldOf stated60day soICanFileLawsuitInCourt?

A business violated theDeceptiveTradePracticesAct & false advertised.  They advertisedProduct forCertainPrice & I went to store location the special advertised price wasLocated theyRefused toHonor theAdvertisedPrice.  I was given runAround & excusesSo I contacted corporate about it... View More

Leroy Scott
Leroy Scott
answered on Sep 10, 2021

You can send a new letter, unless doing so would cause you to miss the 2 years statute of limitation, in which case, you can file the lawsuit with giving notice.

1 Answer | Asked in Civil Litigation and Small Claims for Texas on
Q: My roommate is threatening to sue me for rental assistance that she secretly applied for and paid someone else to do

She applied the apartment we share for the apartment Texas rental relief which is for households only and is demanding that I pay her back the funds that were automatically applied for 2 months of rent with a government check for over $4,000 that she paid someone to put through the application to... View More

Teri A. Walter
Teri A. Walter
answered on Aug 16, 2021

I don't understand your question. Your roommate paid someone else to apply for rental assistance, apparently received it, and is threatening to sue you for it? If your agreement with your roommate is to pay 1/2 of the rent, do that.

1 Answer | Asked in Civil Litigation, Identity Theft, Small Claims and Collections for Texas on
Q: Small court debt claim. There’s a lawyer on record for plaintiff but another attorney contacted me. What to do?

The plaintiff (a collection agency) has a retained attorney on record the one who filed the lawsuit, but another attorney claiming to be from the same law firm sent me an email trying to settle outside court. Should I correspond with him considering he’s not the attorney on file? Can he do that?... View More

Tim Akpinar
Tim Akpinar
answered on Aug 4, 2021

A Texas attorney could advise best, as collection practices can involve state law. However you await a response for two weeks. As a starting point, you could reach out to the first attorney to ascertain what is going on in terms of being contacted by more than one attorney. You ask how to proceed... View More

1 Answer | Asked in Small Claims for Texas on
Q: My sister gave me some paper work from Investors syndicate life insurance and annuitycompany. Its life insurance for me.

My parents opened up when i was a baby. How do i go about finding out about this policy?

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2021

A Texas attorney could advise best, but your post remains open for a week. One option could be to look for information about the policy in the paperwork you were given - policy number and other specifics. You could also reach out to Syndicate Life to ask about the policy. Have the paperwork handy... View More

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Texas on
Q: Does the law protect renters on verbal contract?

I rent a room under a verbal contract. I've been told to vacate. This is sudden and leaves me in a terrible position. I'll be on the street because of this. Is there any law to protect me from this?

Teri A. Walter
Teri A. Walter
answered on Jun 21, 2021

If you rent the room on a month to month basis, they have to give you 30 days notice of non-renewal. If the oral agreement is week to week, they would only need to give you a week's notice of non-renewal. If you've breached the agreement in some way, the notice period can be 3 days.

1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Small Claims for Texas on
Q: I had my car illegally towed from apartment. What can I do?

Apt did not use contracted towing company as what’s listed in my contract and outside buildings. They will not tell me a reason my car was towed. Who ever took my car did not leave any information on where my car was taken to. They did not register my car as towed, so it has been stolen. I made a... View More

Jonathan Tanaka
Jonathan Tanaka
answered on Apr 9, 2021

Hello, thanks for your question!

Sorry to hear about that! In regards to the fees that you are being charged, on the invoices you are receiving, there should be a phone or email address that you can reach out to figure out what's going on.

I'm a little confused - how do...
View More

1 Answer | Asked in Small Claims for Texas on
Q: If unmarried couple split who filed joint income tax together and one gets stimulus check can other sue for some money

In a civil court or is it just too bad until they refile their tax status

Teri A. Walter
Teri A. Walter
answered on Apr 6, 2021

I don't know of any grounds for claiming half of someone else's stimulus check. But then, I also don't know of any grounds to file taxes jointly if you're not married, either.

1 Answer | Asked in Employment Law, Small Claims and Workers' Compensation for Texas on
Q: sue for not pay work comp from walmart

Walmart claim denied for my injury from work on paper dept. they did not find any evidence of my injury so I want to sue them

Carrie Dyer
Carrie Dyer
answered on Mar 24, 2021

This does not sound like an employment law-related matter. You should contact an attorney in your area who practices workers' compensation law to discuss your options.

1 Answer | Asked in Energy, Oil and Gas and Small Claims for Texas on
Q: Can I sue my solar company for misleading sales tactics in Texas?

About 3 months ago, I was provided a presentation on some solar panels. There were several key points in the presentation that convinced me that this was the company to go solar with. The first year of payments was on the company, which they came through on with a check. The biggest reason was why... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Feb 27, 2021

The solar panel company may have violated the Texas Deceptive Trade Practices/Consumer Protection Act because of their representations to you. You may want to contact an attorney near you to review your claim in detail and contact the company on your behalf to negotiate an adjustment to the... View More

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: Can I get a vehicle back if the loan isn't being paid?

A couple years ago I got a divorce and listed a truck as property for my ex husband. He was making the payments and the truck was always "his". Now he's not making the payments. My name is the only one on the truck and the loan. Legally it's the banks truck until it's paid... View More

Teri A. Walter
Teri A. Walter
answered on Feb 22, 2021

No, it's not the bank's car. Based on your description, the title made it your car, and the divorce decree made it your ex-husband's car.

In most cases, the decree provides that the person who receives the property is responsible to pay the debt. If he doesn't do so,...
View More

1 Answer | Asked in Small Claims for Texas on
Q: What do I do about a old debt (that I do not believe is mine) that debt collectors are contacting me about?

Back in 2006 in Illinois I appeared in court, and let the lawyer know I did not believe the debt was mine. I did not know what the debt was for, who it was owed to, etc. I was told they would look into it, and did not hear back again. I assumed they realized it was an error (wrong person). Fast... View More

Teri A. Walter
Teri A. Walter
answered on Jan 27, 2021

I have no idea what "PCS'd to a new state" means.

If you have debt collectors hounding you, they should be able to provide you with information about the judgment, which you can then try to verify with the court that issued the judgment.

In order to enforce an...
View More

1 Answer | Asked in Small Claims for Texas on
Q: Why would a Processor be bringing me legal documents
Teri A. Walter
Teri A. Walter
answered on Jan 20, 2021

A process server is bringing you legal papers because you're being sued. Don't bother to avoid them, because you'll get served eventually no matter what you do.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.