Legal Question in Business Law in Texas

Legal Question- Small Business being Sued

My husband is a contract welder, he has done contract work to several large companies. Back in May 2007 we received a check in the mail from a company we knew (he had done work from them in the past). The check was in the amount of 30K. The check stub had several invoice numbers on the check so we assummed it was one check covering all invoices. The check was deposited. Aprox 45-60 days the company called and said the check was mailed to us by mistake. We had 9,000 of the money left in which we sent back. A few days later we received a check for 6,000 from the same company. We called the company and asked what the 6,000 was for. We were advised this was sent by mistake as well.

The company wanted us to pay back the 20K that was spent. The created a payment plan (monthly) that we could not financially afford. My husband spoke with their representative and advised that we would pay back the money as we could but we could not afford their terms. A few months later we received a certified letter stating the company has filed a lawsuit against and for us to repond within 20 days to the district clerk. I did respond within the time frame mailed a check (minimal amount) and advised that we are offering to pay back all funds


Asked on 1/13/08, 10:14 pm

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Legal Question- Small Business being Sued

As I am sure you are aware, this company has made a mistake in submitting the check to your husband for work completed by him. What type of invoices did your husband submit to the company to support the payment(s)? You should really seek the assistance of a law firm with this law suit. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]) to arrange for a free 30 minute consultation.

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Answered on 1/14/08, 11:01 am


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