In Texas, you would use the proper Justice of the Peace court for this law suit. Contact the precinct the store is located in and they will help you with the forms.
The link below has the law on small claims court so you can see what its requriements are. You might also look at the Civil Practices and Remedies Code for more information on torts in general.
2006-07-31 15:19:03
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answer #1
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answered by Steve R 3
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If your planning on going to all the trouble to sue, make sure that it cannot be resolved in no other way. Going to trial, even small claims court can be time consuming. Write a letter of demand to Sears stating the facts and why you believe you should get your money back and what laws prove that you would win if taken to court. Many times these issues can be solved without having to go to court. I almost sued a car repair shop over an issue, but I wrote a demand letter stating the facts of what happended and cited the laws regarding car repairs and the law was totally in my favor. When the shop owner saw this he knew that he would be screwed if we went to court. So we agreed on a settlement and did not have to go to court.
2006-07-31 15:40:30
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answer #2
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answered by flyguy03 3
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yes...small claims court
Go to your local court and ask to file a small claim.
It will probably cost about $60...but if you prevail, the defendant will pay the court cost as well as the damages they owe you.
You do not need an attorney...nor do you need to speak legalese. The judge will listen to your side of the story and review your supporting documents...and also listen to the defendants side and make a decision.
It's just like Judge Judy, or similar TV shows. They are taken from actual cases filed in Small Claims Court
2006-07-31 14:56:59
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answer #3
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answered by gcbtrading 7
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File a formal written complaint in the proper forum in the court that has jurisdiction of your case and this supposed to be the lowest court since the amount of the claim is $100.95.
2006-07-31 14:59:55
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answer #4
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answered by FRAGINAL, JTM 7
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You will want to go to the court house and enter a claim with the small claims court. Prepair your claim carfully and have all the documentation ready to take along and enter into evidence. The court clerk will help you out.
2006-07-31 14:58:20
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answer #5
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answered by Kenneth H 5
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You need to sue in small claims court
2006-07-31 14:55:35
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answer #6
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answered by Anonymous
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yes, I would use small claims court, you can sue for one penny if you want to.
2006-07-31 17:21:15
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answer #7
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answered by Anonymous
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I am replying to this question because I want to keep track of the answers it gets. Good luck.
2006-07-31 14:56:06
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answer #8
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answered by Anonymous
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you can but is it really worth t. they have lawyers to help them and they may kick your but and get you even more upset then the 100$ is worth
2006-07-31 15:02:00
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answer #9
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answered by Anonymous
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look up "small claims court".
2006-07-31 14:55:54
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answer #10
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answered by Computer Guy 7
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