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

[Boomyal]

....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 ( an 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?

 

[Bob_VT]

I would call the Court directly and ask them http://www.co.lubbock.tx.us/department/division.php?fDD=47-183

Hopefully your son has his ducks in order to prove it was a direct result of the tint and having a mechanic to testify and back that claim up will help.

He should have exact estimates of repair on hand, a witness and his claim needs to include the cost of filing/Court fees too.

I am "almost" positive that the Company needs to be named as well as the branch. It would not fly to well if Joe Blow the Manager was no longer there or employed

 

[Boomyal]

I would call the Court directly and ask them http://www.co.lubbock.tx.us/department/division.php?fDD=47-183

Hopefully your son has his ducks in order to prove it was a direct result of the tint and having a mechanic to testify and back that claim up will help.

He should have exact estimates of repair on hand, a witness and his claim needs to include the cost of filing/Court fees too.

I am "almost" positive that the Company needs to be named as well as the branch. It would not fly to well if Joe Blow the Manager was no longer there or employed

Bob, he will have all his ducks in order. That is where I come in to make sure he does. My wife said I should have been a Lawyer so I do have a good sense of it. My only deficiency was knowing who to name in the case; the company being an LLC.

As far as proof, the employee admitted to my SIL, when confronted, that damage to the electric defroster grid was inevitable when cleaning off old tinting. The problem is that he never divulged that little tidbit when the car was brought in for re-tinting.

 

[Volphin]

Bob, he will have all his ducks in order. That is where I come in to make sure he does. My wife said I should have been a Lawyer so I do have a good sense of it. My only deficiency was knowing who to name in the case; the company being an LLC.

As far as proof, the employee admitted to my SIL, when confronted, that damage to the electric defroster grid was inevitable when cleaning off old tinting. The problem is that he never divulged that little tidbit when the car was brought in for re-tinting.

Damage to the electric defroster grid was NOT inevitable, and they obviously have not been tinting very long. There are many ways to remove tint residue besides a razor.

 

[Boomyal]

Damage to the electric defroster grid was NOT inevitable, and they obviously have not been tinting very long. There are many ways to remove tint residue besides a razor.

Although this may be true, our case will be that even by their claim, they should have disclosed it.

 

[Harritwo]

Boomyal, Wish you luck in your endeavors, Lubbock was my old stomping ground, Does your son enjoy the area? Does he reap any of the benefits of the current economics related to the oil boom?

I was down in your area last month, (Vancouver) looking at some work I am bidding on. I left Florida in March, went to Texas, (I am from a little town about 150 miles from Lubbock) and am now working in Seattle. If you are in the area, feel free to call or stop by.

George

 

[Boomyal]

Harritwo, it is my Son In Law that I am helping. We have it pretty well dialed down to filing against the LLC, in Lubbock, and serving their Registered Agent in Austin. It is for my Daughter that they are in Lubbock. She has a nice position with Texas Tech and I would say that the school as a whole befits from the Texas economy. They are not the penny pinchers that the University she recently worked at in Pennsylvania was. They both do, from time to time, miss the lush green and varied landscape of the PNW..

Conversely, if you get down this way again, give me notice and maybe we can do a lunch or have a brew.

 

[Harritwo]

Texas Tech is one of the richer schools in the nation. University of Texas is the richest in Texas and Number 3 in the US. The Oil Field made a lot of money for lots of people over the years. I woke up one morning and decided that the oil field was no longer for me, went to work welding, joined the Navy, welded some more, Retired, and went into ship repair, still welding. Heart Attack 1 decided I could no longer weld, So Now I bid on the work, and then supervise the projects. There was an old story years ago, that "Those that can do, those that cant supervise" Guess that is why I supervise now.(Just making fun of my self) Hope they enjoy Texas, I keep saying I intend to go home when I retire, just havent made it that far yet.

George