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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5766
Experience:  20 years experience as a civil trial and appellate lawyer
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Pena, i have a small claim i need to file against family, my

Customer Question

hi, my name is ***** ***** i have a small claim i need to file against family, my mother and grandmother for stealing and damaging my vehicle, the vehicle is in my name solely, with my grandmother as a cosigner. when the vehicle was taken from my high school, they stated in a text that they would make payments on the vehicle. since they have made one payment and i have made the last 4 payments. i want to sue for the amount left owed on the vehicle which is 9400 dollars or make them pay off the car completely. i am interested in hiring an attorney in the houston area my personal line is(###) ###-####
Submitted: 1 month ago.
Category: Legal
Expert:  Maverick replied 1 month ago.

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 month ago.

We are not permitted to represent JA's customers or to recommend any particular attorney; however this link may help you find the lawyer you are looking for. The problem you may run into here is that these lawyers will charge about $200.00 per hour and it will likely cost more for the legal fees than the amount of your loss. So, going to small claims court may be the best option for you.

You can sue them for civil conversion and for negligence to recover for property damage to the car. There are four elements to the conversion claim: (1) Plaintiff owned, had legal possession of, or was entitled to possession of the property; (2) Defendant assumed and exercised dominion and control over the property in an unlawful and unauthorized manner, to the exclusion of and inconsistent with plaintiff's rights; (3) Plaintiff made a demand for the property; (4) Defendant refused to return the property. Apple Imports, Inc. v. Koole, 945 S.W.2d 895, 899 (Tex. App.--Austin 1997, writ denied) The limitations period for a claim of conversion is two years. Tex. Civ. Prac. & Rem. Code Ann. § 16.003(a).

You may also be able to pursue the claim and entice a lawyer to take your case under the Texas Theft Liability Act. The Texas Theft Liability Act provides that a person who commits a theft is liable for damages resulting from the theft. See Tex. Civ. Prac. & Rem. Code Ann. § 134.003(a). A person found to have commited theft can be forced to pay back the plaintiff's damages sustained from the theft and and a sum not to exceed $1,000. Also, the prevailing party in case under this statute shall also recover court costs and reasonable and necessary attorney's fees. Id. § 134.005(b).

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