I filed a lawsuit against an auto repair facility in the small claims courts in the amount of $10K. No answer was filed.

Asked about 1 year ago - Houston, TX

I filed suit in the small claims court against an auto repair facility for work not done and refusal to release the car after invoice was paid. Since filing the suit earlier this year and it being properly served on the registered agent in April of this year. NO answer has been filed as of yet and the hearing is scheduled very soon. I am not sure how to proceed or what to expect since I do not know if the company will have representation or not in court. Or is there some reason where NO answer is required after being served with a citation.

Attorney answers (3)

  1. Brian W. Erikson

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Small claims courts sort of march to their own drummer, and sometimes do not fully apply the Texas Rules of Civil Procedure.

    But, I suggest that you write to the court to request that the court enter a default against the repair shop. You will have to have the return of service on file for at least ten days. You should collect the paperwork that documents your damages. If your claim is liquidated (a determined amount), you can request that the court enter default judgment for the amount of your liquidated claim (which should be no more than the amount for which you filed suit).

    You would be best served by retaining an attorney for an hour's worth of time to help you prevail.

    Good luck.

  2. Christopher Jay Harding

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I fully agree with the prior answer. Also, make sure that the return of service is on file with the Court. That way the Court knows that the auto shop was actually served.

    This answer is intended for informational and educational purposes only and should not be considered legal advice... more
  3. Don Karotkin

    Contributor Level 16

    Answered . I respectfully point out that even if you win, all you will get is a piece of paper called a "judgment." Enforcing a judgment and actually collecting some money on it is not a DIY project for a non-lawyer. Since you will very likely end up having to consult a lawyer in any event, why not do so now?

    Good luck.

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