Legal Question in Credit and Debt Law in Texas

Big Wheels

Hello, I'm a selfemployed owner operator. I've been hawling loads for a sertain company and they've gotten themselves in a nice little debt of 12K with me and I cant get them to pay me off. I have all the paperwork that proves where I've delivered their loads to their customers. I'd like to know what I can do about this.

Thank You


Asked on 4/16/02, 4:18 pm

1 Answer from Attorneys

Joshua Wintters Law Offices of Joshua Wintters

Re: Big Wheels

Hello there --

My advice for your claim for payment is to be cautious and intelligent in your actions. By this, I mean to say that the laws now regarding collection of a debt, whether from an individual or from a company the size of General Motors, have gotten to be quite complex and very punitive of individuals seeking too much "self-help". Claims for harrassment and even criminal charges have sprung up lately when collections are attempted, so be careful.

The proper course of action, in my opinion, is to make a formal demand for payment in writing to the principal office of the business with legal justification, legally perscribed timelines for performance and NO direct threats. My practice is to require a written response as well so that should the time expire without payment, litigation is possible. With the sum exceeding any minimum for small claims court, the proper court would likely be a county court at law or district court. Your case could be filed and heard, probably, in a reasonably fast period of time.

I hope this is helpful for you. Should you desire legal aid in the resolution of this matter, you are welcome to contact this office via e-mail at: [email protected] or by phone 254.756.5004 and we will be happy to help in any way possible.

All the best to you,

Joshua Wintters

Attorney at Law

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Answered on 4/16/02, 4:33 pm


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