Legal Question in Credit and Debt Law in New Mexico

Collecting a debt through small claims

I am a video producer in Midland, TX. A man called from Houston(I'll call him Bob) Bob wanted to hire me to video tape his wedding in Hobbs New Mexico. It is a 2 hour drive. Houston is a 10 Hr Drive. I agreed to do it, but, would have to charge milage in addition to my normal fee. He agreed and filled out an online application that gave me the date, time, location, and who is responsible for paying. He mailed me a $200 Deposit. I drove to Hobb's and taped the wedding - I returned to Midland and edited the tapes. On the phone I agreed to send him the tapes & he would send a check same day. I contacted him to be sure he had recieved the tapes. He stated that he and his wife were both very pleased with the tapes. He assured me he sent a check, I agreed to give it a few more days. lomg story short - several promises later I still have not recieved a check. Now they do not answer the phone, do not return messages, & do not respond to mail or e-mail.

1) Where do I need to file? Houston - where he resides? Midland, where the editing was done & the sale was made? Or Hobbs, where the taping was done. I would much prefer Midland or Hobbs to save travel expenses.

2) Do I have to file in person?


Asked on 2/22/03, 3:10 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Collecting a debt through small claims

If you sue in Small Claims, you'll need to file in person, and proper venue would be Houston where the defendant resides.

You can get an attorney to file in Justice Court for you, but you still may have to appear if the matter goes to trial. Collection may be harder than getting the judgment, since Texas is really a debtor's haven.

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Answered on 2/22/03, 11:40 pm


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