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  •  » Are there any Texas Legal Beagles on this forum who....

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    10/16/2014 12:12 PM  #1

    boomyal
    Senior 24-7 FYI Addict

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    From: Vancouver, Washington
    Registered: 4/01/2013
    Posts: 1,295

    Are there any Texas Legal Beagles on this forum who....

    ....could answer a small claims filing question?  I am trying to assist my Son in Law, in Lubbock in filing a claim against an Auto Tinting Business (LLC) in Lubbock. I am located in Vancouver WA.

    He wants to file a claim against the LLC  for ruining the rear window defroster which requires the replacement of the rear window glass.

    This entity does business under its corporate name, ie, XYZ, LLC, so there is no dba involved. The business is in one city, it has a 'for hire' Registered Agent halfway across the state (in Austin)  and the owner of the corporation apparently lives in California. The business is apparently run by an employee/manager. (name available)

    My question is, who do you name in the Small Claims Filing? If you name XYZ, LLC, is that sufficient and is the resident employee/manager suitable to receive the service?

     

    Last edited by boomyal (10/16/2014 12:39 PM)

     

    10/16/2014 4:51 PM  #2

    Pablo
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    From: Georgetown, Texas
    Registered: 4/12/2013
    Posts: 248

    Re: Are there any Texas Legal Beagles on this forum who....

    Boom, I am not a "Legal Beagle" by any means, but have filed a few small claims in Texas where I live.  Here, the claim is filed in the county where the transaction occurred.  I don't remember the exact amount, but the Small Claims Court can hear a case up to a few thousand $$.  The case will be filed in the Justice of the Peace court, and heard by the Justice of the Peace.  One needs to go to the JP office, talk to a clerk - who should be able to answer any questions about the filing and proceedure.  Clerk will provide the form to be filled out for the filing of the case, and there should also be an information sheet.  The filing fee is reasonable.  Less than $100.00 - maybe less than $50.00, I just don't remember.  Each party to the suit can bring a lawyer or not.  The testimony and evidence rules are a bit relaxed because of the nature of the suit.
    Hope that was helpful.
    Good Luck

     

    10/16/2014 5:47 PM  #3

    boomyal
    Senior 24-7 FYI Addict

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    From: Vancouver, Washington
    Registered: 4/01/2013
    Posts: 1,295

    Re: Are there any Texas Legal Beagles on this forum who....

    Thanks Pablo. My SIL has the local court filing forms and the current cost is $111.00 plus $83.00 service fee for each plaintiff named.  As far as the location(s) that is why I am asking who needs to be named and served.  The business that did the damage is in Lubbock, the LLC's Registered agent is in Austin and the owner of the business is apparently in California.  I have advised that my SIL ask the court but sometimes these civil servants will claim they can dispense no 'legal' advice.

    Last edited by boomyal (10/16/2014 5:49 PM)

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