Small Claims Jury Trial

[Tom Sullivan]

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

Trucking company refused to pay additional damages for my vehicle after accident. Now their attorney is paying for a jury trial over a $2,000 claim. What should I do?

 

[sandyclaus]

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

Trucking company refused to pay additional damages for my vehicle after accident. Now their attorney is paying for a jury trial over a $2,000 claim. What should I do?

If you feel you have a strong case, you might want to hire an attorney yourself. When the attorney is involved, even small claims cases can get complicated fast. When in doubt, don't go to court without one acting on your behalf. (If you win the case, the other side pays your attorney fees. )

 

[Tom Sullivan]

Ok, thanks SandyClaus

 

[The_Saint]

(If you win the case, the other side pays your attorney fees. )

Doesn't that depend on your state?

 

[latigo]

If you win the case, the other side pays your attorney fees. )

Hmmmm. . .

Are you certain that that is the state of the law in Texas?

If so, please cite the provision or provisions of either the Texas Civil Practice or Remedies Code or the Texas Government Code of any other laws in that state – including Section 28 of the Government Code on small claims courts - that allows as cost to the prevailing party in a tort action their attorney fees.

And exclusive of Section 38 of the CPRC providing for attorney fees in actions arising out of claims for “(5) lost or damaged freight or express; (6) killed or injured stock.”

Thank you