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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102373
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A dry-cleaner refuse to redo the close that they did wrong

Customer Question

a dry-cleaner refuse to redo the close that they did wrong and I want to know if it is possible to sue them for false advertisement?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: I called the police but he told me that I had to pay and try to sue her.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The police officer try to get us to come to an agreement. To give her the chance to redo the close or to get a discount for me. She refuse to do anything and I had to pay. I called the police because when I told her the I was not going to pay until she get the close done right she tried to take my close away and told me she was going to call the cops on me for stealing. that is when I called the police.
Submitted: 7 months ago.
Category: Legal
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This depends on the situation. Can you please tell me more about what happened? What did they do wrong?

Customer: replied 7 months ago.
I always request for them to make sure that no starch is ever use in my clothes. They did use starch on my clothes the time before this one and when I complained they re-washed the clothes without extra charge. My wife went back again on the 12-15-16 after I used the close to get wash again and as always she requested no starch. The lady/owner make the notation on the ticket for No starch. I went today to pick up the close and I notice that that they put light starch on it so I told her that I was not happy and that I that the close had to be wash again. She got upset and start yelling at saying that it did not had any starch and that I had to pay. I told her that I was not going to pay until she fix my clothes and then she said that she was going to take my clothes away and call the cops on me for stealing and no paying. I grab my close at the same time she did and told her that she couldn't do that and that I was going to call the cops. So I did. A police officer show up listened to the two sides of the story and try to get us to come to a compromise, either I give her the chance to re wash the clothes or for her to give me a discount so I can take my clothes somewhere else. she refuse to re wash the close and to give me a discount. so the officer told me that I had to pay and try to sue for false advertising.
Customer: replied 7 months ago.
I don't want to keep expending money if I don't have a case.
Expert:  Ely replied 7 months ago.

Thank you.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, the action would not be for false advertising. It would for negligence. To sustain a negligence action, the plaintiff must produce evidence of a legal duty owed by the defendant to the plaintiff, a breach of that duty, and damages proximately caused by that breach. Praesel v. Johnson, 967 S.W.2d 391, 394 (Tex.1998).

Here, this case would be for negligence, in the Justice of the Peace Court in Texas. Let me know if you want me to tell you how to file.

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