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Texas Small Claims Questions & Answers
1 Answer | Asked in Traffic Tickets, Collections, Municipal Law and Small Claims for Texas on
Q: Can a 15 yr old traffic ticket in my maiden name still be pursued or can it be dismissed since it's not my legal name?

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

Grant St Julian III
Grant St Julian III
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

1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: Concerned over wording of Debt Settlement Agreement.

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

Elaine Brown
Elaine Brown
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

1 Answer | Asked in Small Claims for Texas on
Q: If someone else loans my car out and i lose it because of impoundment who is responsible
Roy Lee Warren
Roy Lee Warren
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.

1 Answer | Asked in Workers' Compensation and Small Claims for Texas on
Q: How would I go about claiming property that has been left on my property

Car left for repairs for 2 in half months, and have not been contactedsince

Roy Lee Warren
Roy Lee Warren
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...
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1 Answer | Asked in Animal / Dog Law, Civil Rights and Small Claims for Texas on
Q: Can you bring a defendant's service dog into the courtroom during his hearing?
Roy Lee Warren
Roy Lee Warren
answered on Dec 30, 2019

I believe so (my wife said yes) but it must be a certified service dog that has current registration and training. If the dog poses a threat for some reason I am sure it would be excluded. You should be able to ask the court you plan to attend.

1 Answer | Asked in Small Claims for Texas on
Q: Which groups strongly support right to work laws ? I am very confused.
Tim Akpinar
Tim Akpinar
answered on Dec 26, 2019

You could repost under Employment Law. If an employment law attorney picked up your question, they could offer you the best insight here. Your question remains open for two weeks probably because no one noticed it in Small Claims. Good luck

Tim Akpinar

1 Answer | Asked in Small Claims for Texas on
Q: I helped an now ex with a money problem and as soon as they got the money they stopped communicating can I sue

She know I like her and wanted to be with her but as soon as she received the money she stopped talking to me but said her phone was broke and had no way not even Facebook but I made a fake account and she would reply to it can I sue her in small claims court to get my money

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

You can attempt to sue to recover your money; however, it may be more troublen than it is worth. It might be better to cut your losses and move on.

1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for Texas on
Q: How can I stop an old house guest from causing trouble?

I had a house guest that used to live with me but my landlord kicked her out because she was causing trouble among the neighbors and overstayed her welcome. Now she's mad and wants revenge. She isn't allowed on the property anymore but she was recently seen with a police writing all of... View More

Roy Lee Warren
Roy Lee Warren
answered on Dec 9, 2019

Thanks for your question and I am sorry for your troubles.

Once a person has been warned that they are no longer welcome on property they can be prosecuted for criminal trespass so you may want to consider calling the authorities if she shows up again. If she has made threats to cause...
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1 Answer | Asked in Bankruptcy, Identity Theft and Small Claims for Texas on
Q: I was a victim of an online scam that pretended to be a job, they scammed me and a buyer on PayPal and now I am in debt.

I was a victim of an internet scam where they claimed to be a job, and my job was to be a representative for a company called Megameda.pl, which is a huge auction site. I did research and I found out they were lying the whole time and were using my information to scam people this way it landed all... View More

Timothy Denison
Timothy Denison
answered on Nov 23, 2019

Report this to the authorities and let them investigate and pursue it for you. That way, you’ll be protected if anyone ever comes back to you for payment.

1 Answer | Asked in Civil Litigation, Estate Planning, Real Estate Law and Small Claims for Texas on
Q: CAN I TAKE THE EXECUTER OF ESTATE AWAY FROM HIM? HOW DO I DO IT. CAN THEY SELL HOUSE WITHOUT MY PERMISSION?

IN FEB. OF 2016 MY MOTHER ASKED ME TO COME STAY WITH HER TO HELP CARE FOR MY STEPDAD WHO WAS ON HOSPICE AND HAD ONLY A FEW WEEKS LEFT TO LIVE .MY 4 BROTHERS ALSO AGREED..SHORTLY AFTER MY STEPDAD DIED MY MOTHER WAS ALSO DIAGNOSED WITH CANCER SO SHE ASKED ME TO MOVE IN INDEFINETLY. SO I PACKED UP... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Oct 30, 2019

One can't just make themselves Executor of an estate without actually going to Court and asking the Court's permission to do so. If there has been no petition to the Court then that is where everything starts.

2 Answers | Asked in Small Claims for Texas on
Q: Hi , my fiancee had an Apple watch for about 10 months. Last week it overheated and burned her pretty bad on her arm.

We spoke to Apple and they claimed it was an allergic reaction and not their fault. Do we have any recourse for this or our we wasting our time.

Tammy L. Wincott
Tammy L. Wincott
answered on Oct 3, 2019

Contact a personal injury attorney that does product liability. It might be possible for her to recover; however, it's best to speak with a lawyer (and usually to hire them if you want the best outcome). Most personal injury lawyers get paid only if you receive a settlement; you don't... View More

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1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Q: My father passed . The house belongs to me. His wife, my stepmom refuses to leave.

Can she keep me from entering my home that I and my brother live in. My dad and step mom lived in my home for 7 years until dad passed a week ago. I have given stepmom 30 days to move instead of 3 days. She called police and police said I can't enter my home.

Tammy L. Wincott
Tammy L. Wincott
answered on Sep 19, 2019

You’ll have to formally evict her.

1 Answer | Asked in Civil Rights, Estate Planning, Identity Theft and Small Claims for Texas on
Q: If I lived at a house for 5yrs and was kicked out by force with not being allowed to get my things from the house.

What course of action do I have to retrieve my things like titles birth certificates clothes tools beds art works wood works etc I live in texas I did pay rent and utilities no lease it was rent to own me n my parents split the cost of buying the house 1/3 each and when my dad died she took all our... View More

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Sep 1, 2019

You do not state whether you were a renter with a lease, a renter without a lease or a guest or whether you were kicked out for nonpayment. Some leases allow the landlord to seize and sell your personal property if you do not pay rent.

1 Answer | Asked in Small Claims for Texas on
Q: When a house is purchased and moved on to a property how long does a contractor have to set and level it?

the house has been sitting on beams for 3 weeks.

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2019

A Texas attorney would be the one who could advise of any state laws that govern this, if applicable, but your question remains open for three weeks. As a general matter, such a time period would be most likely to be addressed, if it is at all, in the contract terms between the parties. Good luck... View More

1 Answer | Asked in Criminal Law, Business Law, Federal Crimes and Small Claims for Texas on
Q: Is it legal for a Cohabitant to take your car titleand sell it to a salvage yards? What laws were broken and by whom?

Vin number had been altered and parts were sold

Roy Lee Warren
Roy Lee Warren
answered on Jul 13, 2019

I am assuming they did not just sell the title but the car also. If the person was not otherwise entitled as an owner to the car they had no right to sell it. The level of the theft charge (or conversion) would depend on the value of the car and how the theft occurred. Other factors that determine... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Small Claims for Texas on
Q: Can I sue lawyer for not doing there job? For causing emotional distress?and messing up case?

August of last year I was in a major car accident in front of a police officer and the carless driver was given a citation while I was taken to the ER. I went to a lawyers office and met with the receptionist who took my statement and got started with therapy right away around December we heard... View More

Edward X. Clinton, Jr
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Edward X. Clinton, Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2019

You can only sue a lawyer for economic damages, meaning the money you lost due to the representation. Did you sign the release? if you did, you may be able to receive a settlement check.

The settlement must be agreed to by you as well. If the lawyer did not have your authority to settle,...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Texas on
Q: How do i evict deceased father's live in girlfriend from his home?

My dad passed away today. He has had a live in girlfriend for 9 years. They have separate accounts and not common law. She does help pay for some bills once in a while. How do his kids evict her since the home is 100% in his name.

Terry Lynn Garrett
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Terry Lynn Garrett
answered on May 20, 2019

File an eviction action in your local Justice of the Peace Court. If necessary, get the sheriff to enforce it.

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1 Answer | Asked in Personal Injury, Landlord - Tenant and Small Claims for Texas on
Q: possible to sue for const. eviction n Tx. justice court then later sue in county for assault

I had an eviction that was ruled in favor for my landlord. Even though it was in retalitory, 3 days later after she was served papers, of me filing a repair & remedy case. I appealed, before appeal hearing was set land lord stabbed me with a garden shovel aseveral times in the ribs, then went... View More

Gary D. Peak
Gary D. Peak
answered on May 6, 2019

If she has been charged with assaulting you, yes you can file suit against her in civil court. Because it was an intentional act, her insurance would likely deny coverage, so she would need to have non-exempt assets to go after to collect a judgment. Was the rental you were evicted from her home,... View More

2 Answers | Asked in Car Accidents, Consumer Law, Small Claims and Products Liability for Texas on
Q: Who is liable for repair costs of my truck that caught fire from lithium battery?

My truck caught fire while I was driving. Firefighters informed me the cause of fire began from weed eater Ryobi 18v lithium battery in the bed of my truck. I purchased from Home Depot. I have been advised by Ryobi employee to file an insurance claim with my car insurance. I would prefer not to do... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 26, 2019

As you didn't cause the claim and as they would have a "subrogation claim" your rates shouldn't go up.

You want your vehicle fixed or totaled. Don't worry about your company.

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2 Answers | Asked in Personal Injury and Small Claims for Texas on
Q: My ex caused scarring on my face with mayonnaise 25 yrs ago which now I see in the mirror after shaving numbers, letters

Never gave it a second thought but after she broke up with me my face had red spots and I remember she was sitting up in the bed one night after she bought me a burger then fell asleep after eating it I think she drugged me with that burger so I wouldn't wake up as easily . When I awoke with... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 21, 2019

you would have seen it about 25 years ago if she caused that. In any event, there is a statute of limitations. But to be on the safe side, check with a lawyer who gives free consultations in injury cases. However understand unless your wife has a lot of money there will be no money to cover her for... View More

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