Get free answers to your Small Claims legal questions from lawyers in your area.
Driver was not the registered owner. A claim was then filed against her insurance company after the accident. She provided her insurance information to me. Her insurance declined the claim. The Insurance do not provide liability coverage for any person for that person's liability arising... View More 
answered on Oct 4, 2020
In theory, an injured Plaintiff might sue the owner of a car even if the owner was not driving under a cause of action for "negligent entrustment."
I have a friend who was sued in small claims court by a debt buyer for "account stated" cause of action. I helped him with his defense and he required the debt buyer to prove the four elements needed to show "account stated" cause of action. But the judge totally ignored the... View More
answered on Sep 7, 2020
A Texas attorney could advise best, but your question remains open for two weeks. You are correct; a plaintiff must establish the elements of their cause of action in any forum, whether supreme court or small claims. It's difficult to say exactly what happened without seeing your file, but the... View More
We have had our roof replaced which was covered in our insurance. He came and we agreed on a color and he gave us the packet with a brochure with our selected shingle color and style. When he filled out the contract he did not put down the same style as the brochure we had agreed to. The specific... View More
answered on Aug 25, 2020
Yes. You may certainly ask that the issue be remedied; however, whether the roofer will agree is unlikely.
Unfortunately for you, Texas courts strictly enforce the "four corners" of a contract - meaning the parties are held to the actual words and their plain meaning contained in the contract.
answered on Aug 15, 2020
A Texas attorney could advise best, but your question remains open for three weeks. I can't speak for the state court system in Texas, but as a GENERAL matter in many jurisdictions, what can typically happen if a counterclaim exceeds the court's limit is that the matter can be removed to... View More
Hello, I received a $1000 water bill for 2 weeks only at my vacant house. I did not use any water because I locked the exterior water faucets and interior water shut off valves. When a city private contractor installed a smart point on the water meter, the software went wrong. Then the data... View More
answered on Jul 21, 2020
A Texas attorney could advise best, but your post remains open for two weeks. From your question, it sounds like you're under the impression this is a law firm, because you ask for representation. This is only a question and answer board. Before pouring money into exploring the possibility of... View More
He told me they close at 4 on Saturday and closed on Saturday And open at 8:30 Monday but I read online they have to be open 8 Monday and till 5 on Saturday and open Sunday
answered on Jul 7, 2020
A Texas attorney could advise best here, but your question remains open for two weeks. As a GENERAL matter in most any jurisdiction, the answer is generally yes. Such facilities, as a policy, do not suspend accrual of storage fees on Saturdays and Sundays. A Texas attorney could advise more... View More
Approval or without telling the other person
answered on Jun 25, 2020
While it is not the best practice for a loan company to grant a loan with only one of the married couple's signature on the documents, there is nothing illegal about it. Unless a divorce was currently pending and the County in which it was filed had instituted Standing Orders preventing the... View More
A couple wants to take us to Small claims court over a cat we sold to them. We gave them paperwork we received from the past owner and all her things. They say the cat was not spayed and all the paperwork we gave them was fake. We did not know the paperwork was fake when we sold it to them and also... View More
answered on Jun 19, 2020
First, IMO it is unlikely that the police will get involved in this based on the facts you presented. You had no reason to doubt the papers you received from the first owner. Is the couple also going to sue the CAT? Lots of people do that these days. If they really want to go to Small Claims over... View More
they claimed to know what to do. a local handyman service. found them on facebook marketplace. they didn't do the job right. i paid for materials and paid 500 for work. it was the underneath of the belly of my trailer. now the insulation is hanging down and the belly is on the ground- what... View More
answered on May 27, 2020
Take good pictures. Keep your written contract. File in Justice of the Peace (small claims) court.
answered on Apr 19, 2020
A Texas attorney who handles smalls claims work could advise best, but your post remains open for two weeks. Before going through with the expense and time in moving ahead with a lawsuit, look into whether the complex has insurance that would cover the damages. At this point, it's possible you... View More
After failing a driving test, the DPS tester got out of the car, and instructed my daughter to drive around and park the car, while I was waiting in the designated area. While doing so, she hit another car. As a result my insurance premium got significantly higher. I am pretty sure that the tester... View More
answered on Apr 4, 2020
A Texas attorney could advise best here, but your questions remain open for four weeks. It looks like a case where the defense could possibly ask jurors to question why student driver's operation of motor vehicle was not supervised by licensed family member, if that was feasible. At this... View More
But no luck! I wanna sue them, cause this has been going on for a long time and every time I call them, they say they are sorry and they are going to refund it and all! But nothing... Even local shops just would refund in a day or two, but every time I call them, they say it is in the process and... View More
answered on Mar 23, 2020
A Texas attorney who deals with consumer rights issues could advise in the most meaningful manner here. But your question remains open for four weeks. Keep in mind that in pursuing a lawsuit, your time lost from work/school in going to court, handling paperwork, etc. could run you more than the... View More
answered on Mar 18, 2020
Your post remains open for three weeks, and is an issue which state legislators, city council members, or other local government officials might know better than attorneys would, even real estate attorneys who deal with property rights matters. You could consult with a Texas attorney who deals with... View More
Transmission went out, shop picked it up and towed it to their location. Tore it down and diagnosed it. The contract says it’s $599 for tow and tear down. He told us $1480 to repair it. We said okay. He then jacked the price up to $2480 saying “there was more problems”. Fast forward a year... View More
answered on Mar 10, 2020
This is a civil matter. Theft requires the state to prove intent at the time the property initially changed hands.
One day I was carrying her in my arms and her phone (which was in her jacket pocket, easy for something to fall out of) fell out. Note we're both minors. Both me and my mom refused to pay for damages, and so my friends considering suing my mom, because she thinks that since she has legal... View More
answered on Feb 12, 2020
You can sue anyone for anything but that doesn't mean you will win. That type of lawsuit is a matter of civil law, not criminal law.
With regard to criminal law, it is possible that you committed the crime of Assault for touching her without permission, possibly Unlawful Restraint,... View More
Rental insurance cause they're renting from a relative, I had no way to avoid the dog, is it worth going after the person to get my $501 deductible back I'm having to pay for my insurance to fix my car?
answered on Feb 12, 2020
It's up to you. Understand if you get a judgment and they have no money, then you have to chase them for that.However, if your car insurance goes after them they should give you back the deductible.
A small TX county sent me a postcard saying I had an outstanding criminal case against me pending. Called the county and was told their software was updated so all outstanding tickets were being pursued. No warrant yet, drivers license eligibility is still good. Need to find out how far back TX DPS... View More
answered on Jan 16, 2020
Yes, a 15 year old traffic ticket can still be prosecuted even if the citation was issued in your maiden name and you are now married. The question is: were you the individual who was issued the ticket back then, regardless of what your name was or is now. Request an abstract of your record from... View More
I offered a one-time lump sum payment to settle a debt with a third-party debt purchaser and received a settlement agreement that is worded like the following:
"This letter agreement shall confirm that Defendant "Name", has agreed to pay and Plaintiff "Name" has... View More
answered on Jan 16, 2020
I am always concerned when an agreement is not clear in its wording. You might ask that the wording be changed to allow you to feel more comfortable before signing. I would suggest that you allow an attorney to review the letter for you as they may be able to determine more from actually seeing... View More
answered on Jan 13, 2020
I WOULD SAY THE PERSON THAT WAS RESPONSIBLE FOR IT AT THE TIME THE CAR IS IMPOUNDED, depending on why.
BUT OF COURSE (sorry, just noticed all caps) if the car was impounded for past parking tickets or some other reason that you are responsible for, that burden would fall on you.
Car left for repairs for 2 in half months, and have not been contactedsince
answered on Jan 13, 2020
This is not a wc question so you may want to ask it again under a more appropriate classification such as abandoned property or storage. You may be able to discover an answer by reviewing the laws for the following:
Texas Property Law
Sec. 72.101. PERSONAL PROPERTY PRESUMED... View More
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