Legal Question in Business Law in Texas

What can i do legally to be payed in full for a job done

I am in the restoration business, which means that i work bouth with the insurance and people. I have two clients that have not payed in full the job that i compleated. Their insurance sent them checks in the total amount in my invoice but they put it on their accounts and have expressed intentions to leave me hanging and not complete payment. i have called the insurance and they have told me that payment has been made and it was made to them. one owes me $3,000 dollars and the other one about $4,000 i went to an attorney and he told me that it was better to do it myself since attorney costs would outweight the cost of the money in stake. My question is what do i need to do to begin the presess of taking them to court and getting my money back?, What court do I need to go to, and who in there can help me with the precess required?


Asked on 1/30/03, 12:27 pm

4 Answers from Attorneys

Michael Dover Michael A. Dover, PC

Re: What can i do legally to be payed in full for a job done

For amounts of that size (less than $5000) you can file suit in small claims court, which is the justice of the peace court in your county. If you want to proceed on your own, go the justice of the peace court, tell them that you want to file a small claims suit. The clerk will give you a form to fill out and sign and will collect a filing and service fee from you. The defendants (your customers) will be served and directed to appear for trial. At trial, be sure to bring all of your paperwork showing that the work was done and that you were not paid.

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Answered on 1/30/03, 12:41 pm
Peter Bradie Bradie, Bradie & Bradie

Re: What can i do legally to be payed in full for a job done

You can sue them in Small Claims, so long as the claim is under $5,000. First write a demand for payment and send it by certified mail, return receipt requested. Give them 10 days to pay. After ten days, go to the JP nearest you and ask to speak with the civil clerks that handle Small Claims. They'll give you the forms necessary to file a complaint in Small Claims.

Next time, make sure the insurance company puts the check payable to both you and the homeowner, get the homeowner to sign the check, and you deposit it and pay the homeowner the balance. Make sure your contract for the work says that the insurance is to be paid to both you and the homeowner, and shown that contract to the insurance company.

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Answered on 1/30/03, 12:46 pm
Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: What can i do legally to be payed in full for a job done

If you have not made a formal demand for payment, do so via certified mail with a date certain for payment. If not paid by then, find the closest Justice of the Peace Court and file in small claims. The limit there is $5,000.00. The forms are rather simple and the clerks can help with non-legal questions.

If you still feel overwhelmed, contact another attorney about your case. On matters like these, even though you are paying an attorney for his/her time and expertise, if you do prevail you are entitled to reimbursement for necessary and reasonable attorneys as part of your judgment. Good luck

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Answered on 1/30/03, 1:32 pm
Trang Tran Tran Law Firm L.L.P.

Re: What can i do legally to be payed in full for a job done

The other suggestions are sound.

Hire a lawyer to timely and properly place a lien on the properties. If you are going to continue in this line of work, learn to place liens on properties of non-paying owners. They can't sell their properties until they settle their debt with you.

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Answered on 1/30/03, 3:39 pm


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