Texas Consumer Legal Questions

It is called a contingency fee.  I would not count on an attorney being willing to take such a small case on a contingency fee.  There's just not enough compensation in it for the lawyer to make it worthwhile.Our justice of the peace courts have jurissdiction over any case with an amount in controversy of $20,000 or less.  The best thing about such courts is you do not need an attorney as a rule.Get an estimate from a Kia dealership of the cost to repair the engine if you pay for it.  Make sure they indicate on the estimate how long it will take.  Then get an estimate from a rental car company as to how much renting a Kia Sorrento for that long will cost.  If those two estimates are less than $20,000, sue the Volkswagen dealership in justice court without a lawyer.... Read More

If you and the mechanic did not agree upon a specific date for his completion the repairs, he has a "reasonable" period of time to do so.  What constitutes a "reasonable" period of time depends upon the facts and circumstances of your particular situation.  For example, has he had to order parts in order to complete the repair?  Were the parts hard to find?  Are the parts ordered available locally, or must they be shipped from somewhere else?  What is the status of the shipment?  Absent unusual circumstance, if the car is an American-made car that isn't particularly old, it is my opinion that most fact-finders would conclude that three months+ has been a reasonable period of time.If a reasonable period of time has passed, you can terminate your contract with your mechanic for material breach.  You can then take your car to another mechanic.  If you and your current mechanic already agreed upon a price for the repairs and the new mechanic charges more, you can recover the difference in price from your current mechanic.  If you and your current mechanic did not already agree on a price, you can pay him for the work he has already completed and not pay him for any work he has failed to complete.With respect to damages caused by the delay (such as your Uber charges), if the delay is the mechanic's fault and your agreement with him does not expressly preclude such damages, you may also be able to recover such damages.  If the delay is your fault, or if your agreement precludes such damages, you may not recover such damages.  If the delay is neither party's fault, the terms of your agreement with your mechanic may allocate the risk to either you or to the mechanic depending upon what is contained in any written agreement or what was said as part of your agreement.  ... Read More

Good afternoon Im sorry to hear that. The pratical answer will be to definetely contact your car lender and ask for the extension. However, legally speaking, under your security agreement, the general forms used by car lenders will have a provision or clause in the agreement that states that if you are even 1 day late, they have the right to repossess the car and accelerate your note (rather then the amount owed, the full amount owed on the car itself) Nonetheless, contact your lender for some time. The larger lenders usually are accomodating if you keep them up to date and as long as you get caught within the time frame that you are requesting. If you are dealing with smaller lenders or in-house finance places, they are usually harder to deal with. If your car does unfortunately get repossessed, here in Texas, you have 10 days to recover the vehicle. Usually your options are limited, but 1st option will be to call your lender and ask how much they are asking for to release the car. Keep in mind they can ask for just the amount behind + the repo cost (generally between 600 or more) or they could have accelerated the car note and may ask for the full amount owed plus the repo cost 2nd - if the amount requested is too much, you can file a Chp13 bankruptcy which at the time of filing the car lender will have to release the car back to you. They cannot charge you any fees upfront (but can include the repo cost in your bankruptcy case). At least with the chp 13 you can get your car back sooner with less cost. Hope this help! Min Gyu Kim (Peter) Attorney Phone (713) 259-3929 2100 West Loop South Houston, TX 77027 Suite 805, 8th floor ... Read More

It sounds like you want to assert claims for breach of contract. The problem is that you actually received services. The question would be whether you received the services that you paid for and whether you have any damages as a result of not receiving services you paid for. Here are some important questions to help determine whether you have a claim: When did you find out your instructors were not certified instructors? When did you find out your instruction was inadequate. You say you graduated with honors but that you were given all the answers to the final exams and quizzes. When you were given the answers, did you ask the instructor why?  You could file a claim for breach of contract, but you would have the burden to prove that the school breached their agreement to provide instruction and certification.... Read More

You may have a deceptive trade practices act (DTPA) claim against the dealership.  Under this law, it is illegal to: Knowingly make a false or misleading statement about the need for parts, replacement or repair service. State that work has been done or parts were replaced when that is not true. When you left the car in their care to be repaired, you created what is legally known as a bailment. The dealer was trusted to fix the car with reasonable care and alert you to any known dangers that may be present with the vehicle. It is unclear whether it was a problem with the vehicle or some outside factor that caused it to set on fire, but they had a responsibility to act with care while you left the vehicle on their premises. More information is needed about the source of the fire, but it looks like you may have a claim against them for damage to your vehicle while it was in their possession. ... Read More

Mr. Hunter: Did you drink the coca cola straight from the bottle or pour it into a glass? If you suffered damages (got sick, went to the doctor, had resulting medical bills), you may be entitled to compensation. However, the best thing for you to do is to contact Coca Cola, report the incident, and allow them to investigate your claim. For more information, please read this article: http://product-liability.lawyers.com/Product-Liability/You-Found-a-What-in-Your-Food.html... Read More

Did you have a written contract with the date the installation was to be completed? Were you told an estimated completion date prior to these delays? If so, you may have a breach of contract case. Texas has a law called the Deceptive Trade Practices Act that is designed to protect consumers from unscrupulous sales representatives and businesses. If the company has failed to perform the job to your specifications by the date you agreed to, you may have a claim against them. ... Read More

To settle this refund dispute via arbitration, you will need to choose a neutral arbitrator and participate in what is essentially a private trial with the arbitrator as the judge. When you said you never took possession of the goods, did you order them online and never pick them up? Other than the return policy, does the store have a policy about handling customer disputesArbitration can be costly and would definitely require the assistance of an attorney.  ... Read More

You don't say who owns the car, if you leased it, if it is collateral for a loan, why you have the car, etc. If you do not own the car and did not return it to the company as agreed, then it sounds to me like you committed an illegal act. I'm not sure it this already happened, but I suggest you not test them!... Read More

I'm no Texas attorney, no health care attorney and no HIPAA attorney, but I can't imagine that it violates HIPAA for them to change their own internal records.  You don't mention the nature of the information they changed or the basis for the change. I certainly hope that the change didn't result in any harm to you. If not, just talk with them about it and/or take your business elsewhere. If so, then by all means, talk to a Texas health care attorney as you have problems larger than a HIPAA violation.... Read More