Richard M. Alderman - Know Your Rights!: Answers to Texans Everyday Legal Questions

Richard M. Alderman, B.A., J.D., LL.M., is a Professor Emeritus and Director of the Center for Consumer Law at the University of Houston Law Center. Since 1980, he has been known as The Peoples Lawyer, and appeared regularly in newspapers and on radio. To learn more about your legal rights you can visit his website, www.peopleslawyer.net. You also can subscribe to his free Consumer Alert Newsletter, delivered three times a week to your email address.

NINTH EDITION

This publication is designed to provide accurate and authoritative information with regard to the subject matter covered. It is sold with the understanding that neither the publisher nor the author is engaged in rendering legal advice to specific individuals. If legal service or other expert assistance is required, the services of a competent professional should be sought.

An imprint of Globe Pequot
Distributed by NATIONAL BOOK NETWORK

Copyright 1985, 2010, 2018 Richard M. Alderman

All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means, including information storage and retrieval systems, without written permission from the publisher, except by a reviewer who may quote passages in a review.

British Library Cataloguing in Publication Information available

Library of Congress Cataloging-in-Publication Data

Names: Alderman, Richard M., author.

Title: Know your rights! : answers to Texans everyday legal questions /Richard M. Alderman.

Description: Ninth edition. | Guilford, Connecticut ; Helena, Montana : Lone Star Books, [2018] | Includes index.

Identifiers: LCCN 2017036578 (print) | LCCN 2017039876 (ebook) | ISBN 9781493030460 (e-book) | ISBN 9781493030453 (pbk.)

Subjects: LCSH: LawTexasPopular works.

Classification: LCC KFT1281 (ebook) | LCC KFT1281 .A37 2018 (print) | DDC 349.764dc23

LC record available at https://lccn.loc.gov/2017036578

The paper used in this publication meets the minimum requirements of American National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI/NISO Z39.48-1992.

Printed in the United States of America

For my grandparents

Y ou may not think about it, but nearly every day you have to know the law. Not only must lawyers make decisions based on knowledge of the law, but people like yourself must apply basic legal principles in daily life. And if you do not know the law, you are making decisions partially uninformed.

The Texas and federal legislatures have passed scores of laws designed to protect you in your everyday transactions. Most of these laws are considered self-regulating. This means the laws are supposed to work because you know about them, and your knowledge keeps merchants from trying to violate the laws. The breakdown in this system is apparent: Because most people do not know their legal rights, the laws often do not work.

This book is designed to ensure that our laws do work by helping you learn about them. The book covers a wide variety of topics ranging from credit card rights, to landlord-tenant relations, to the legal aspects of warranties and wills. The choice of topics and the format of the book are based on my personal experience as The Peoples Lawyer for a Houston television station.

As The Peoples Lawyer, I have received thousands of letters about the most common legal problems. This mail has led me to two conclusions: First, many of you share the same everyday legal problems to which you do not know the answers; and second, there is no readily available source of information. This book was written to address both problems.

But this book is not designed to make you a lawyer, nor is it meant to encourage lawsuits. Instead, it is designed to make you aware of the choices and rights you have under the law. Whether you are dealing with a store that will not replace a damaged television set, a neighbor whose barking dog keeps you awake all night, or perhaps a landlord who deducts too much from your security deposit, you must know your legal rights to reach a fair, equitable solution.

Once someone knows you know your rights, he is usually quick to try to work something out. Compromise and settlementnot litigationshould be the goals of any legal system. They are the goals of this book.

Richard M. Alderman

The Peoples Lawyer

A s I noted in the original preface to this book, my goal in writing Know Your Rights! was to help everyday people understand the law, enabling them to better stand up for their rights. The book has been even more successful than I imagined. Now, more than thirty years after its initial publication, I find I must again update the book to keep up with the increasing number of legal questions I have received and the changes made to the law by the courts and legislature.

The format of this edition remains the same. What has changed is the coverage. In the first edition, I discussed what I believed to be the most common legal questions people had. In subsequent editions, I added several new chapters and expanded many of the existing ones. For example, chapters discussing divorce, immigration law, and employment were all added. In this edition, I have expanded the coverage of nearly every chapter and updated answers to comply with current law.

As you might expect, some of the material in earlier editions has become out of date or incorrect because of action by the courts and legislature. A problem with any book about law is keeping it current. With the publication of this edition, you now have the most up-to-date information available. It is unavoidable, however, to prevent even this edition from being dated. The material is based on the law as it exists in June 2017. To track any changes in the law and stay current with new developments, visit my website, www.peopleslawyer.net, and subscribe to my free Consumer Alert Newsletter.

Those of you who are buying this book to replace your eighth edition already know how valuable a resource it can be. If this is your first purchase, let me emphasize what I said in the first edition. Once someone knows you know your legal rights, he is usually quick to try to work something out. I hope you find this book one of the best investments you have ever made.

Richard M. Alderman

The Peoples Lawyer

NINTH EDITION

CHAPTER 1

F or nearly all of us, credit is an essential part of life. Our homes, our cars, and much of our personal property are purchased on credit. Just imagine what it would be like if we had to pay for everything with cash. Yes, America is truly a land of consumer credit; together we owe almost four trillion dollars.

Because of the importance of obtaining credit, Congress has passed three laws to protect people who are trying to get it: