Legal Question in Consumer Law in Texas

Justice

I have filed a claim against the owners of a repair shop where my car was serviced, my issue is with the two employees that I conducted business with, both indicated over the phone that I would recieve an engine with 85 thousand miles, the engine placed in the car had 10048 miles, I want to have these two employees be responsible for their deception. my question is sense I have filed a claim against the owners can I sue the two employees that I did business with at this auto repair shop, I know that serving a subpoena is not a guarantee that they will show, and their are no laws to make them appear, How can I argue my case in court without the employees present?


Asked on 12/07/06, 1:04 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Justice

Subpoena both employees. Make sure that the return of service from the constable gets in the court's file, indicating the service. If they do not appear at trial, ask the judge to issue a capias for their arrest to appear for the trial, and have the trial continued until they are present.

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Answered on 12/07/06, 1:10 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Justice

The owner is responsible for the wrongful acts of his employees acting on his behalf. Suing them would get you money damages that you probably would never collect. The owner is the one who profited, and has the deep pockets.

You argue your case in court whether they are there or not. If they're there, they can refute your argument. If they fail to show, the judge has to accept your side of the argument.

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Answered on 12/07/06, 5:03 pm


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