How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 29022
Experience:  30 years experience in general legal matters.
17897874
Type Your Consumer Protection Law Question Here...
Loren is online now
A new question is answered every 9 seconds

I hired an attorney to sue a dealership. My son bought a

Customer Question

I hired an attorney to sue a dealership. My son bought a used vehicle the motor went out and dealership would not honor the extended warranty. To make me go away they cancelled warranty and refunded money back to finance company. Hired an attorney in April. Came to an agreement in August. The other attorney did not respond for some time. We signed another agreement which the opposing side had 5 business days to get the truck towed and looked at. This has not happened yet. I contacted my attorney. She said they were in breach of contract. If I wanted her to go forward I would need to mail her a $5000 check. I want to know if I can take this dealership to small claims. Court
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: In Texas and in October of last year
JA: Has anything been filed or reported?
Customer: My attorney sent a demand letter. I have reported this issue to several agencies
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 30 days ago.
Category: Consumer Protection Law
Expert:  Loren replied 30 days ago.

Good afternoon. I am Loren, a licnesed attorney, and I look forward to assisting you.

Do you currently have a lawsuit pending in any court regarding this matter?

Have you signed a settlement agreement or release with the dealer or warranty company?

Customer: replied 30 days ago.
Anyone there?
Expert:  Loren replied 30 days ago.

Yes, I am here. I asked you for additional information. Specifically:

Do you currently have a lawsuit pending in any court regarding this matter?

Have you signed a settlement agreement or release with the dealer or warranty company?

Customer: replied 30 days ago.
No lawsuit is pending. We have signed an agreement but the opposing party has breached that agreement
Expert:  Loren replied 30 days ago.

Thank you for the additional information.

Yes, if your claim does not exceed $10,000 then you are free to file in Texas small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Expert:  Loren replied 30 days ago.

Did you have further questions? Have I answered your question?

Customer: replied 30 days ago.
The dealership is in another town in Texas. Can we file in our home town or do we have to file in the town where the purchase was made? Also, do attorneys gat to participate in small claims court? I don't want to go to small claims court and be up against an attorney
Expert:  Loren replied 30 days ago.

You would typically file in the county where the dealership is located.

Yes, the defendant may appear with an attorney.

Expert:  Loren replied 30 days ago.

Generally, having an attorney represent you in small claims court is optional. Unlike other courts, a corporation doesn't need an attorney to file a claim in small claims court. A corporation may appear in small claims court through an employee or officer, even if the person isn't a lawyer.

Expert:  Loren replied 30 days ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 27 days ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

Related Consumer Protection Law Questions