Legal Question in Credit and Debt Law in Texas

Options for dealing with a non-paying customer

We have a small pool service company and put in a new motor for a customer about 3 weeks ago. After installing the new motor I couldn't get the customer to answer his door, and calls simply yield vague promises to pay. They now owe us about $350. Should I:

1) Give up?

2) Go and retrieve the motor they haven't paid for?

3) Try small claims court?

4) Place a lien on their home?

5) Threaten to do one of the above knowing it wouldn't work?

6) Call Guido to pay them a visit?! ;-)

Thanks!!!


Asked on 7/21/04, 11:51 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Options for dealing with a non-paying customer

1, 2 & 3 are all viable options. Just be careful not to breach the peace on #2. #4 is viable if you've jumped through all the hoops to allow an M&M Lien on a homestead. #5 is incorrect, because #3 is definitely doable. Do you have any idea where they bank? If so, the judgment becomes imminently collectible. #6 is illegal although effective.

You also might consider engaging an attorney to pursue the matter in Justice Court. The JP can order a writ of attachment to recover the pump, plus awarding attorney fees for an action for breach of contract.

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Answered on 7/22/04, 9:58 am


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