Legal Question in Civil Litigation in Pennsylvania
small claims for out of state debt
I'm a freelance designer/writer and was asked to do work for a client in Texas. He agreed to pay me, agreed to pay for materials, paid a deposit for 20 hours of work (but I don't have a signed contract -- only emails). I worked 65 hours and bought materials which he approved. He's in possession of the work and materials. He sent a check for the material, but then stopped payment on it. He refuses to pay for the material and for the balance of 45 hours.
I've been told filing in small claims court or even a civil lawsuit in Pennsylvania will mean nothing because any judgement is non-enforceable in Texas. What should I do?
1 Answer from Attorneys
Re: small claims for out of state debt
gather and print your eMails serially. take them to a lawyer recommended by the county Bar or local law librarian. Pay the lawyer 4 or 5 twenty dollar bills. sit there and look at him as he reads them. he will tell you that u have a contract implied in law and may have another implied in fact. do not expect to know what this means.
watch as your lawyer builds a lawsuit the way an autoworker builds a car or a carpenter builds a house. watch your checks to him or her become larger and more frequent.
enter a default judgment if no Answer to your properly-served Complaint. certify the judgment to TX. enjoy the operation of our Constitution's Full Faith & Credit Clause.
send Interrogatories to discern your opponent's physical assets, realty personalty, inchoate assets and intellectual property. Repleven your stuff or grab the value of your unpaid Contract's worth of his stuff.
Share a happy moment with your brilliant lawyer.
I suggest asti spumante and cheap cigars.
Good luck
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