Legal Question in Civil Litigation in Texas

Small Claims Court - Defendant

I recieved a 30 day demand notice from someone that gave me around 1500.00 to 2000.00 to have a medical procedure done more than a year ago. I did not have the procedure but did keep the money. I have not spoken with this person in regards to any form of repayment of these funds until now. He has not asked me until now to remit to him 2774.00 for the funds I owe him, for a private investigator he hired (why? unless to see if I did have the procedure) and other filing fees that I don't understand. He says he has not filed in the small claims court yet but will take legal action within 30 days of this letter I recieved. I do not feel I should have to pay for some of these expenses (which he did not give a reciept for the ones I am not aware of i.e. filing fees, private investagator and moneygram fees) should I just hire an attorney or should I just send a small amount of money monthly or what!!! He did send this letter certified but has only left his brother and parents #'s and address as a means of contact. What do I do???


Asked on 3/28/04, 6:51 pm

1 Answer from Attorneys
Charles White Charles G. White

Re: Small Claims Court - Defendant

TEXAS LAW:

Before your friend will be entitled to recover attorney's fees, he must have made a "demand for payment" thirty days before filing suit. The demand does not necessarily have to be in writing, but I am assuming that the written demand that you refer to is the first demand for payment. I don't understand where the private investigator comes into play. It is possible that an attorney may have hired him, and is claiming it as part of his expenses.

Here is what you should do during the 30-day period if you are at all able to do so:

Tender payment for the $1,500.00 plus interest at 6% percent for the period the debt has been owed (Actually, there may be fewer days, but for this purpose, calculate from the date of the loan).

Transmit the payment with a letter, preferably certified (of course keep a copy). The letter should recite that you are remitting the payment, plus interest, within 30 days of his first demand for payment. State that you dispute the private investigator's fee as being unnecessary, and not allowed by law anyway. State that the check for the $1,500.00 and interest is submitted in full payment of the disputed debt.

I would be surprised if your friend sued you afterward, unless he has not consulted an attorney. Be careful, because a small claims court judge may not be an attorney, and may have no idea what the law is.

P.S. I am assuming that you did not disappear, and that the investigator was not needed in locating you.

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Answered on 3/28/04, 7:09 pm


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