Legal Question in Civil Rights Law in Texas

Hello. Based upon your out $50,000 figure and a Texas-based defendant, you can either file in County Court at Law OR District Court. If there is no Corporation and you are representing yourself or engaging an Attorney, your case can be filed in either Court. Both have advantage and disadvantages. County Court typically allows a case to get to Trial faster however, the Courts tend to be oriented toward less complex cases and the Judge often given less time in my view for Trials. You will be ordered to go through Mediation in either jurisdiction before reaching Trial in either Court. Also, you should be aware of Venue. The County in which a lawsuit could or must be filed. Generally, if the defendant who you intend to sue resides in Harris County or your contract was signed in the County, Venue would likely be Harris County. There are certain elements you would have to prove to recover under a Breach of Contract claim in a lawsuit. You will need evidence or testimony to prove each one of the required elements of proof to win at Trial.

I�ve done 15 years of legal work on contractual disputes, personal or business disputes/collection through demand, negotiation, mediation and if needed taking it to Trial. I might add, it is common now for whomever you sue to sue you back as a counter-claim seeking to defend or mitigate your success.

You might also want to evaluate your claims and damages to see if you can bring additional simultaneous claims if you have to sue. These might include: Deceptive Trade Practices Act claims, Fraud, Misrepresentation, etc. and also examine all your potential damages claims.

While these are not too complex, you really do need someone to guide you or assist or represent you.

Should you wish to sit down this weekend for a no-cost, no obligation, straight-forward discussion of your options with an experienced Trial Lawyer to look over your documents and discuss your options, please contact me by email. I actually do have to go out to the Shadowbriar area this weekend and we can meet at a coffee shop in your 77077 area.

If your case looks like it will support it and defendant looks like he is not incapable of getting any recovery from, and we agreed later, I may be able to do your legal representation on a more innovative reduced fee or no fee/percentage of recovery only basis (No Recovery = No Fee).

Thanks and best wishes with this matter. Please talk to an Attorney whom you are comfortable dealing with before you go too far on your own.

Edward J. Kazaleh

Attorney / Mediator / Arbitrator / Graduate Engineer

[email protected]