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Posted: 2/15/2002 2:43:47 PM EDT
It looks like I am going to have to take my FFL to small claims court to recover a deposit that I gave him for a firearm. I am pretty much clueless how to do this. Any advice??
Link Posted: 2/15/2002 2:50:16 PM EDT
Im not in texas, I live in Utah. About 35% of my job requires me to work with small claims. Email me if you would like Riz431@yahoo.com
Link Posted: 2/15/2002 7:52:38 PM EDT
dangerousdan, if the FFL is in Texas you can file a small claims suit in Justice of the Peace Court, for about $62.00. You will have to have it served on the FFL by making certain that it's served on the owner (if it's a sole-proprietorship) or on the Registered Agent if it's a corporation. That will cost another $50.00, if he's in a town. More if he's in the country. The clerks at the Justice Court are not supposed to give legal advice, but they will help you fill out the paperwork! IM me if you have any further questions. Eric The(Helpful)Hun[>]:)]
Link Posted: 2/16/2002 4:17:00 AM EDT
Eric hit it pretty much right on. Just go to your local JP court and they will give you the paperwork to fill out. It's actually fairly quite simple.
Link Posted: 2/16/2002 1:56:46 PM EDT
Thanks for the help. I can serve the papers on this guy myself if it is legal to do so. He runs a bookstore on Airline drive in Houston and does gun shows on the weekends. I gave him $450 for a deposit on a DSA FAL as a courtesy and to make sure he had enough money to pay for it when it was ready. To make a long story short the gun was ready on December 28, 2001 and he never made payment and I still have no rifle and am out $450. What's the maximum dollar amount that can be brought before a small claims Judge?
Link Posted: 2/16/2002 3:05:19 PM EDT
[Last Edit: 2/16/2002 3:09:18 PM EDT by Nathaniel_Hawkins]
dangerousdan, Since I am not an attorney, I really cannot dispense legal advice. Remember that the court clerk is not obligated to help you fill out the form, but most likely have a template nearby where you can compare information. I have had much success with filing small claims in Harris County. Cost is $65.00 for in-district petitions (if you reside/conduct business in the same district as that person), $70.00 for out-district. Remember to include all documentation concerning this information about this person. Maximum for suit is $5,000. In Texas, the person is not obligated to pay you once judgment has been awarded you. All you can do is file an abstract judgment and just wait it out. Writ of sequestrations are possible but a PITA. [url]http://www.co.harris.tx.us/constable/[/url] to see which precinct you reside in [url]http://www.jp.hctx.net/jp_info.htm[/url] list of Small Claims Courts in Harris County [url] http://www.hcad.org[/url] information on the owner of the company/property [url] http://ecpa.cpa.state.tx.us/coa/coaStart.html[/url] corporation information [url] http://www.cclerk.hctx.net/coolice/default.asp?Category=RealProperty&Service=mastermenu[/url] search real property information Hope this helps.
Link Posted: 2/16/2002 3:10:39 PM EDT
Post from dangerousdan -
I can serve the papers on this guy myself if it is legal to do so.
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Nope, law says a disinterested person must serve the petition and citation. Pay the money for the constable to serve it! It just might embarrass the crap outta the guy when a uniformed LEO comes in his store to serve him in front of some paying customers! Eric The(Pettifogging)Hun[>]:)]
Link Posted: 2/16/2002 4:46:21 PM EDT
Thanks again for the information. I'm going to need to get a little more information regarding this fellow in order to get him served. I don't really know what his business (FFL) address is or his home address. I've had most of my dealings with him at gun shows and picked up a rifle once at the bookstore where he works.
Link Posted: 2/16/2002 8:04:08 PM EDT
Originally Posted By EricTheHun: Post from dangerousdan -
I can serve the papers on this guy myself if it is legal to do so.
View Quote
Nope, law says a disinterested person must serve the petition and citation. Pay the money for the constable to serve it! It just might embarrass the crap outta the guy when a uniformed LEO comes in his store to serve him in front of some paying customers! Eric The(Pettifogging)Hun[>]:)]
View Quote
I've had me defendants served on their birthdays, Thanksgiving eve, arrested a few days before Christmas, and last best one was serving a priest during Sunday mass.
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