Legal Question in Business Law in California
retrieving money owed
We never received payment of $30,000 for work contracted through another company. The work was performed in Texas. We live in Texas, they live in California. Do I have to find a lawyer in California?
9 Answers from Attorneys
Re: retrieving money owed
No! Your Texas attorney can bring the action in Texas, the state having what lawyers call, sufficient nexus to the transaction to justify jurisdiction. After you get a Texas judgment, that can be forwarded to a California attorney to collect for you, or you could refer it to a collection agency, check fees before you decide.
Re: retrieving money owed
No, if the work was done in TX you can sue there
Re: retrieving money owed
Yes a Califiornia attorney in the county where the defendants have their principle place of business. Call me directly at (619) 222-3504.
Re: retrieving money owed
If there is a writtin contract, does the contract say where any litigation will be filed. If the contract is silent, then you should be able to sue in Texas. If obtain a judgment, then collect it in Ca.
Re: retrieving money owed
can do in either place, most likely. Advantage to their is that harder for them to defend. After you get Texas judgment you can then collect on it by hiring California Counsel.
800-894-2889.
www.4thelaw.com/services1.html
Re: retrieving money owed
I advise you to contact a firm that specializes in commercial collections. If you are in the Dallas area, try contacting the firm of Warner & Clark. Talk to Tim B. Rhatican or Mike Clark and tell them you were referred to them by me. Here's their info:
Warner & Clark
14651 Dallas Parkway
Suite 102
Dallas Texas 75254
Best of Luck to You
Stephanie T. Shipp
Re: retrieving money owed
Not necessarily. Did they contact you to do the work, or did you contact them? Is there a written contract? How long ago was the work completed?
You may be able to sue them in Texas. You may have to get a California lawyer to collect on a judgment.
Re: retrieving money owed
If they solicited business from you, they may have sufficient ties (known as nexus) to Texas that you could sue them in Texas court. Otherwise, you would need to file a claim here in California.
Re: retrieving money owed
The question may require answering separately with respect to different legal concepts or issues.
First, with respect to where a lawsuit would be conducted, the issue is jurisdiction. You may be able to get jurisdiction of the matter in either Texas or California, depending upon the closeness of connection (nexus) of the parties and the subject matter of the contract to either state. In other words, a state's courts often can assert jurisdiction over a matter if the defendant lives there, the contract was negotiated and signed there, OR the work was done (or was supposed to be done) there. Your facts may support a suit in either state (can't say for sure, however).
If you can get jurisdiction in ither state, you should choose the state where it will be less expensive for you (atending trial, deposing witnesses, etc.) or where state law favors you (the latter not usually too important).
You need a lawyer licensed to practice in the state selected (or permissible) for trial.
If assets or parties affected by a judgment are out of state, you will probably need local legal assistance to carry out sister-state enforcement of the judgment.
I hope this answers your question.
Related Questions & Answers
-
Selling replica products I am thinking of running a business that was to sell... Asked 1/25/02, 2:58 pm in United States California Business Law
-
Workers comp What is the maximum fine for workers compensation froud Asked 1/24/02, 3:25 pm in United States California Business Law