Got stiffed.. Need advice..

What is the name of your state?

I'm in Texas and a Real Estate agency wanted my hubby and I to do some web design. We ended up working over 20 hours for this company in a two month period. She decided before the billing date came around that she didn't want to use any of the work we did and go back to her previous multimedia company.

We mostly corresponded through email, so I have all the documentation, even the emails letting her know how much we charge, and her responding to just invoice her by email. The final invoice including the past due amount comes to $1300.00.

After I invoiced the company for 2 months, which included the past due amount, she emailed me saying she is disputing the outrageous amount invoiced.

I have emailed her invoice as well as mailed her invoice. I've tried to call but she does not return my call.

I think she thinks that we are just going to wash our hands of this, but we can't do that.

I was reading that to take it to small claims court, you have to file in the county of which the defendant resides. That county is about 5 hours away from where we are. It's not that easy to just take off and go down there, but if its our only option, we will..

Any advice on something else to do? Or is this our best bet?

Thank you,
LJ
Shifted Media - Consultant

ShiftedMedia said:

Any advice on something else to do? Or is this our best bet?

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Per Texas Government Code:
§ 28.011. VENUE. An action in small claims court must be brought in the county and precinct in which the defendant resides, except that:
(1) an action on an obligation that the defendant has contracted to perform in a certain county may be brought in that county; and
(2) an action for which venue is proper under Section 15.099, Civil Practice and Remedies Code, may be brought as provided by that section.

THank you so much. I didn't see that at all.

I went to the website for Justice of the Peace in my county, and this is what it said under Small Claims Court.

"Suit should be filed in the precinct of the county where the defendant resides. If the suit is based on a contract or tort, the defendant may also be sued in the county where the contract was entered into or to be performed, or where the tort occurred. If you decide to file your suit in this Court and the defendant files a Motion to Transfer Venue (a request that the suit be transferred to some other county or precinct other than the one you filed in of McLennan County), you will be liable for an additional filing fee of $10.00 if the suit is transferred."

We did not have a written contract, but what is 'tort'??

Does this mean the same thing you sent me? Does it mean I can file here? I should have called earlier, but I got tied up.

It also says to:
"Direct a letter, certified mail, return receipt requested, to the defendant, giving notice of the suit. State the amount of money to be sued for, and if the money is not received within 10 days from the date of the receipt of the letter, suit may be filed."

What if there is no response from the letter? (She's really good at saying, well, 'so and so rec'd it, but never gave it to me'.

ShiftedMedia said:

I went to the website for Justice of the Peace in my county, and this is what it said under Small Claims Court.

"Suit should be filed in the precinct of the county where the defendant resides. If the suit is based on a contract or tort, the defendant may also be sued in the county where the contract was entered into or to be performed, or where the tort occurred. If you decide to file your suit in this Court and the defendant files a Motion to Transfer Venue (a request that the suit be transferred to some other county or precinct other than the one you filed in of McLennan County), you will be liable for an additional filing fee of $10.00 if the suit is transferred."

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And that is pretty much what the statute says... except with different 'non-legal' wording.

We did not have a written contract, but what is 'tort'??

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'tort
n. from French for "wrong," a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm. Therefore tort law is one of the major areas of law (along with contract, real property and criminal law) and results in more civil litigation than any other category. Some intentional torts may also be crimes, such as assault, battery, wrongful death, fraud, conversion (a euphemism for theft) and trespass on property and form the basis for a lawsuit for damages by the injured party. Defamation, including intentionally telling harmful untruths about another-either by print or broadcast (libel) or orally (slander)-is a tort and used to be a crime as well.'

Does this mean the same thing you sent me? Does it mean I can file here? I should have called earlier, but I got tied up.

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*** Depending on the full facts of the case, if you feel that your circumstance meets the venue requirements, you can certainly file in your home area. However, as noted on your JP website, the defendant has the right to file a "Motion to Change Venue" and if the court, upon hearing their arguments agrees, the case could be transferred to HIS home county/precinct. Personally, I would take the chance and see if he challenges or not.

It also says to:
"Direct a letter, certified mail, return receipt requested, to the defendant, giving notice of the suit. State the amount of money to be sued for, and if the money is not received within 10 days from the date of the receipt of the letter, suit may be filed."

What if there is no response from the letter? (She's really good at saying, well, 'so and so rec'd it, but never gave it to me'.

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The court is simply asking that you send a 'demand letter' to the defendant hoping that they will pay. If they don't pay or don't respond, then proceed with filing the suit. Obviously, keep copies of ALL correspondence as it would show the court that you tried to resolve the matter before taking their time.

I wonder if you could notify them & start charging late fees?? $25 a day might get em to pay faster, but I don't know, that may need to have been part of your original deal.