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Filing Seperate Claims / Same Defendant

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H

Hooked A

Guest
What is the name of your state? TX

Defendant owes our company for transportation services rendered. Total owed is $12,000. The total is derived from 6 separate service agreements for transportation services from the end of 2/03 to 4/03. The defendant had not had a problem paying for services before, but since these final 6 services, the owner has dodged letters, phone calls, emails, and faxes. Since our case is against an individual dba company, and in order to get judgments for the entire 12k, is it wise or permissible to file each instance separate, break them up under the TX 5k limit, or will 5k be the maximum we can go after against the defendant?

Defendant has already been sent to a CA, but no luck...

Thank you
 


JETX

Senior Member
"in order to get judgments for the entire 12k, is it wise or permissible to file each instance separate, break them up under the TX 5k limit, or will 5k be the maximum we can go after against the defendant?"
*** That would depend on the specifics of the services rendered and the type of invoicing you have done. If each of the bills are truly 'separate' (different service calls, addresses, etc.) then the small claims court should allow you to file each of them separately and remain under the $5k limit of the court. I would go ahead and file separately for a few of them and see if the court will allow it. If they do, then consider filing the rest of them.
 
H

Hooked A

Guest
Thank you for your response.

Each of the 6 requests have their own date of service, roughly spanning 6 weeks (so 1 per week), and given their track history, our business relationship existed like that for several months without a problem. But, I will file as per receiving customer... 3 of the 6 dropped at the same customer, 2 at one, and the latter 1 at 1. So, it should work out.

Thanks again :)

Hooked_A
 
H

Hooked A

Guest
HomeGuru said:
Why not just file one $12K aggregate claim in regular claims court?
I do not know what that is, but the following has occurred and need further "advice" ;)

The Defendant, upon receiving notice of the claim from the court, immediately issued a check to our CA for the claim amount. BUT, the check does not state which past due invoices he was paying for, nor stating it is for the claim amount. Therefore, is it "assumed" or "inferred" that the total amount paid is for the claim amount and consider this claim dismissed; or to proceed with the claim, allocate the paid funds to other unpaid invoices, and stick with him proving that he has paid or does not owe us for claimed invoices?

I was leaning on the idea of dismissing the claim as a paid claim, and turn around and file another claim for other unpaid invoices... it seems that he changes his tune when the courts get involved...

Regards,

Hooked A
 

JETX

Senior Member
"The Defendant, upon receiving notice of the claim from the court"
*** What claim?? Your post talks about SIX of them for a total amount of $12K. So what was paid against what??

"immediately issued a check to our CA for the claim amount."
*** See above.

"BUT, the check does not state which past due invoices he was paying for, nor stating it is for the claim amount."
*** And why is that important?? Simply apply the payments against the oldest debt first and continue until the funds are exhausted.

"Therefore, is it "assumed" or "inferred" that the total amount paid is for the claim amount and consider this claim dismissed; or to proceed with the claim, allocate the paid funds to other unpaid invoices, and stick with him proving that he has paid or does not owe us for claimed invoices?"
*** Can't answer without the facts. What is the date and amount of EACH claim?? And how much was the check for??

"I was leaning on the idea of dismissing the claim as a paid claim, and turn around and file another claim for other unpaid invoices... it seems that he changes his tune when the courts get involved..."
*** Again, we don't know how you proceeded. Your original post could have gone with one larger suit for all claims, or possibly for several smaller suits.

Obviously, your post is somewhat confusing.....
 
H

Hooked A

Guest
you are right about my confusing post... I did not take the time to read my earlier post and took it for granted that I did explain everything before... my bad...

**initial claim was filed in December for 3 invoices totaling $4600... CA received a check from Defendent sometime in January for $4600. Check has no indication of paying towards the 3 invoices in the claim.

There are still 3 more outstanding invoices totaling $7400... TX has a $5000 limit for small claims...

This information should fill in the gaps that were missing...

Thx

Hooked A
 

JETX

Senior Member
"initial claim was filed in December for 3 invoices totaling $4600... CA received a check from Defendent sometime in January for $4600."
*** Then clearly the payment received was in response to the lawsuit... and was payment on those three debts. File a motion to non-suit on them. Otherwise, you will show up in court and the defendant will show the check as payment, claims will be dismissed.

Once those claims are resolved, file additional suit(s) on the remaining claims and hopefully, they will pay on them also.
 

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