Legal Question in Civil Litigation in Texas

monies owed

I own a small scale lawn care company.... I did some work for a homeowner who had their home for sale and has since moved out of state. They only owe 135 but is alot for me. Their house is still for sale and I was told I could put a lein on it? Or, go through small claims court. If I go through the courts will I be reembursed for not only the cost of the fees, but the original bill? The homeowner has given the realitor one excuse after another, all lies, and now, I spoke to them and was told they ''just sold the house and would send me payment'' Well the house has not sold nor have I received any payment. I will have to pay more than what they owe me just to have them served..is there a better way or is it possible that this way will compensate me in a manner I am not aware of........not sure what to call it but something along the lines of pain and suffering?? thank you for your time


Asked on 10/02/02, 5:27 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: monies owed

You can't put an M&M Lien on their house at this time. To try and do so would cost well in excess of what they owe you.

Small Claims is the proper route for you to go. You can get judgment for your claim plus costs, including filing and service. You can't get pain and suffering for a purely commercial civil matter.

If you've never filed in Small Claims before, stop by your nearest JP and ask the clerk if they have any information about Small Claims. They usually have some very good information, and they are helpful.

If you have the homeowner's new address, ask that the Constable serve the Complaint by certified mail. If you can get judgment before the property is sold, you can get an abstract of judgment, file it in the real property records of the county where the house is located, and put a judgment lien on the property for payment when the house is sold. If it's sold before you get judgment, all you probably have is experience to show for it.

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Answered on 10/02/02, 5:54 pm


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