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Collin County. Small claims court possibly


Shaddie

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Legal eagles. Is there any such thing as small claims court here in Texas? 
 

Have an asshole neighbor that drains his pool and it flows into my backyard and sits. With all the rain we now have a flooded backyard again. This is 3rd time in about 4 years he has done it. He did it again last night and I went to his house and nobody would answer door. (Not sure if he was home.)

I tried my city government and they came out and took a look and said it was civil stuff. 
 

Does small claims exist in Texas? I have thought about criminal complaint for illegal dumping but I don’t think that would work. Any ideas?

 

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Yes it does.  In two forms, justice of the peace courts and "small claims" courts. Usually the same court exercising different jurisdiction.  Depends on your county.  Can probably Google x county small claims/jp court and see what you've got.

What do you want out of it?  Neither type of court can issue injunctions (orders to stop flooding/take action to stop flooding).  They can only compensate you for your losses as a result of the flooding.  You're gonna need receipts.

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2 hours ago, Shaddie said:

That is what I was afraid of. I don’t really want compensation. Just quit doing it cause it can really hurt the foundation. That is a time thing that would be impossible to prove it was all his fault. 

Well if you're doing anything that costs to remedy it, getting hit with that a couple of times might encourage him to fix it.

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26 minutes ago, Mittens said:

Have some friends here in Austin that had a similar issue.  Along their fenceline, they installed/put/sunk iron plating so the water had nowhere to go and the neighbor had to deal with it. 

This give me an idea. Try to collect the water in a small area and use a sump pump to spray back in his pool. Would love to see him call the cops on me and explain his complaint. 

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20 hours ago, Shaddie said:

He did it again last night and I went to his house and nobody would answer door. (Not sure if he was home.)

I tried my city government and they came out and took a look and said it was civil stuff. 
 

 

 

Best to give him a chance to respond.

Seems like city government would be concerned water was not drained into a storm or sewer drain due to health concerns, mosquitoes, etc.   May want to readdress the issue with them at the supervisory level.

 

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5 minutes ago, torre said:

Best to give him a chance to respond.

Seems like city government would be concerned water was not drained into a storm or sewer drain due to health concerns, mosquitoes, etc.   May want to readdress the issue with them at the supervisory level.

 

Agree with this. I have a neighbor behind me that is a complete moron when it comes to pool maintenance. I contacted the local health department several years ago and they took an interest pretty quickly due to the possibility of mosquito infestation.

The neighbor never answered the door when the health department inspector came to pay a visit, but since the pool can be seen from my bedroom window they used my house to take photos. Over the last several years, they issued multiple citations to the point that it rose to a criminal matter. After a required appearance in front of a judge and threat of criminal penalties, the pool hasn’t been a problem for the last year.

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On 6/10/2024 at 4:10 PM, TwiceHorn said:

Yes it does.  In two forms, justice of the peace courts and "small claims" courts. Usually the same court exercising different jurisdiction.  Depends on your county.  Can probably Google x county small claims/jp court and see what you've got.

What do you want out of it?  Neither type of court can issue injunctions (orders to stop flooding/take action to stop flooding).  They can only compensate you for your losses as a result of the flooding.  You're gonna need receipts.

Small claims court got repealed in 2013. Every county has a justice court that handles civil cases up to $20k, but as you note, they can't issue an injunctive order. 

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On 6/11/2024 at 12:47 PM, South Austin said:

This is a delicate legal situation and he should not be handling that pro se.  I will perform those services, and will only charge $485 per hour, with a one-hour minimum charge regardless of how long the services take to perform.


What, you think you’re better than your mom?

 

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