Tessmer Law Firm, Author at Tessmer Law Firm - Page 19 of 30
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Author: Tessmer Law Firm

If you win, the court will enter a judgment in your favor, but this does not mean you automatically get your money. In many cases, a defendant will simply pay you if you win; however if they do not, then you must take legal steps to try and enforce your judgment.  Texas is very favorable to debtors and it may be hard to collect.  You should consider discussing your post-judgment remedies with a qualified attorney.   Either party may appeal the decision of the Small Claims Court if the dispute exceeds $250.00, exclusive of court costs. A Notice of Appeal must be...

To file your suit, you will need the following information: Your complete name and address The complete name and address of each person or business your claim is against The amount you intend to claim in damages (must be $10,000.00 or less) A statement of the basis for your complaint, plainly stated and including relevant dates and information (you should write this in advance).   You will want to call the clerk about two weeks after you file to confirm the defendant was served and when. This is important because the service date is used to set the trial date.  Find out...

A small claims suit must be filed in the county where the defendant lives. The justice of the peace in each county is also the judge for Small Claims Court.  If a county has more than one justice of the peace, then the claim must be filed in the court whose precinct covers the area where the defendant resides.   If you have exhausted all reasonable steps to settle your dispute, you are within the statute of limitations and you have researched where to file, you are ready to bring your suit to the Small Claims Court. Contact the justice of the...

There are limits to how long one has to bring any lawsuit; this is called a “statute of limitations.” You should determine how long it has been since you have suffered the wrong for which you plan to bring suit.  In most cases, you must file your suit within two years of the problem; however there are some cases that have a four year statute of limitations.  Before you file, do your research to be sure you have not waited too long....

While Small Claims Court cases normally concern minor debts owed. Cases such as divorce, child custody, or claims filed by a collection agency are not allowed in Small Claims Court. The Small Claims Court cannot force a party to do something, or to cease doing something; it can only deal with monetary awards of $10,000.00 or less.   It is common for litigants in Small Claims Court to represent themselves in front of the judge. This is because the cost of hiring an attorney can quickly outweigh the benefits allowed by the money limit. Though uncommon, one is still allowed to hire...

This week, Tessmer Law Firm will give helpful tips and information on Small Claims Court, beginning with number #1:   What is Small Claims Court?  Small Claims Court has limited jurisdiction to hear civil cases between private litigants.  Filings in Small Claims Court normally concern disputes over money, in amounts under $10,000.00....

A license is required to own many animals Texas considers to be dangerous. This includes coyotes, cougars, chimps, lions, tigers and bears. There are no laws regarding monkeys, wolves and other animals.   Equine professionals are protected from liability for property and personal injury damages resulting from the regular dangers of being around horses.  The statute requires the display of “clearly readable” warning signs to alert participants about the liability limitation.  These limits do not include all accidents involving horses, so be sure to consult an attorney to explore any options for recovery.   Have you ever been driving and come upon a cow...

Do you allow your dog to run loose?  If your dog runs out into the street, causing a car to swerve and crash … you might be liable for the damages to that vehicle and any personal injuries to the passengers in that vehicle.   Have you noticed that more and more people bring their dogs everywhere?  Most cities prohibit animals (other than service animals) from entering restaurants and grocery stores, but local ordinances should be consulted.  Pet stores are known for allowing shoppers to bring their pets.  But, who is responsible if you slip and injure yourself on a pile of...

This week, Tessmer Tips will bring you information about Animal Law. Did you know that dogs bite over 4.7 million Americans every year? But only 15,000 to 16,000 victims are compensated.  Dog owners are responsible for their dogs and for the damage they cause.  Often, home owners insurance will cover the damage, but compensation is rarely offered without the assistance of an attorney.   Do you have a “dangerous” dog?  A dangerous dog is one that has attacked someone or acted like it was going to attack someone while not in the dog’s own enclosure.  If your dog is labeled “dangerous,” the...