Legal Question in Credit and Debt Law in Texas
Demand for Payment on Services Rendered
My clients were recently divorced. I was told to bill each seperately for lessons received by their children. Now they refuse to pay. They boarded horses, received medical treatment, were transported to local vets and were trained. The childred received riding instruction and have attended shows with me as their trainer. A parent delivered the children to me each time for instruction. I have submitted invoices.
The mother signed boarding and instruction contracts. The father signed nothing. However, he oraly requested lessons and promissed payment. The mother has removed the horses. I have in my possession their riding equipment. The father has e-mailed me and denied requesting services. This is my source for income and the only business I am involved in. I have provided instruction, boarding and training for 3 years
with these clients.
1 Answer from Attorneys
Re: Demand for Payment on Services Rendered
They are jointly and severally liable for your fees incurred before the divorce. The woman may be solely liable for fees incurred after their divorce. If the fees are under $5000, you can sue them in Small Claims. If over that, you'll have to sue them in County Civil Court unless the bill is over $100,000.
The riding equipment may be subject to a possessory lien. If you've had the equipment for over 60 days after you made demand for payment, you can proceed to sell the equipment at public sale, provided proper notices have been given. Speak with a lawyer about that, since the timing on notices is critical to a proper sale. The proceeds of the sale are to be applied to the outstanding debt.
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