Legal Question in Civil Litigation in Texas

Re: Vendor Failed to Provide Service

Based on the facts provided, this sounds like a Deceptive Trade Pradctices, breach of warranty, breach of contract case best suited for small claims court (depending on the value of the tree). The best way to start the process (as required under the law) would be to send notice to the vendor of your intent to sue for the above-referenced claims. In your notice, you put your demand to settle. The vendor is allowed 60 days to meet your demand or make a reasonable offer of settlement. If she fails to do so, then you may bring suit. However, if you are facing a statute of limitations problem (generally 2 yrs) then you must file suit in addition to sending your notice letter. I would recommend you speak with someone who is willing to take on a matter of this size who can assist you with all of your options.

Re: Vendor Failed to Provide Service

For the purposes of resonding to your question, I will assume that there was no intentional fraud involved. The vendor is still liable for its warranty. Mr. Corley's advise to you is good sound advice. However, if the party you were dealing with is a corporation, your claim problably be limited to a claim against a broke corporation. If your deal was personally with the person you describe, and he is working for wages for some one else now, you may have difficulty collecting a judgment. My advice is (i) If the cost of the tree is $500 or less, you may be well-advised not want to invest more money into a bad deal, (ii) If it is $1,000 or more, it might be a good deal to go after him as proposed by Mr. Corley. The Small Clams Court is handled by the Justice of Peace and has jurisdiction up to $5,000. Once you get a judgment, be sure to get an "Abstract of Judgment" and have it recorded with the county clerk. You might hit pay-dirt some day. If the claim is over $5,000 you probably would be well-advised to see a lawyer.

Re: Vendor Failed to Provide Service

Both attorneys White and Corley have given you good advice. What they didn't mention is checking with the county clerk's office to see if the vendor was operating under an assumed name, and if so, who the actual owners of the business may be. So long as it's a sole proprietorship or partnership, the fact that the business itself has folded does not relieve the prior owners of personal liability.