Punitive Damages?

[Clarke08]

What is the name of your state (only U.S. law)? Texas

Im sueing a company under the Texas Deceptive Trades Act for selling me a $ 3000 service contract for a car warrenty company and they failed to send the service contract to the warrenty company/ give me my refund back after requesting it with in the allowable time period.

I already send them a demand letter and the 60 days is almost up with no response.

Under the Texas Deceptive Trade Practices Act you can recieve treble damages.

My question is can you recieve punitive damages in small claims court in Harris County? I know you cannot claim mental angusih in small claims court. I am still unsure if I should take this case to civil court with an attorney or to small claims court.

GeoffWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[mlane58]

What is the name of your state (only U.S. law)? Texas

Im sueing a company under the Texas Deceptive Trades Act for selling me a $ 3000 service contract for a car warrenty company and they failed to send the service contract to the warrenty company/ give me my refund back after requesting it with in the allowable time period.

I already send them a demand letter and the 60 days is almost up with no response.

Under the Texas Deceptive Trade Practices Act you can recieve treble damages.

My question is can you recieve punitive damages in small claims court in Harris County? I know you cannot claim mental angusih in small claims court. I am still unsure if I should take this case to civil court with an attorney or to small claims court.

GeoffWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

If you read a little further, the DTPA provides for recovery of economic damages. If the court finds the wrongful conduct was "knowingly" committed, it may award up to three times the amount of economic damages, in addition to damages for mental anguish. If the act was committed "intentionally," up to three times the mental anguish damages may be awarded. The question of whether a violation was "knowing" or "intentionally" is determined by the court or jury, after considering all the facts and circumstances relating to the transaction. Also, a consumer who prevails "shall be awarded court costs and reasonable and necessary attorney fees."