I'm from Missouri agreement with Texas

Without getting too specific, I entered into an agreement with a company from Texas which was to pay a commission on sells and they have not. May I file a quick or small claims in Missouri?

Dale Kirk said:

Without getting too specific, I entered into an agreement with a company from Texas which was to pay a commission on sells and they have not. May I file a quick or small claims in Missouri?

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My response:

Does the company have headquarters, or do other business, in Missouri - - that is, do they have "contacts" with your State other than with you ?

What kind of business are they ?

Is there a written contract ? If so, what State laws are controlling ? Does it say ?

IAAL

I was to be an agent selling web pages and the contract states they are govern by the State of Texas. Does this mean that I need a lawyer from Texas and file in that state.

Dale Kirk said:

I was to be an agent selling web pages and the contract states they are govern by the State of Texas. Does this mean that I need a lawyer from Texas and file in that state.

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My response:

Yes, that's exactly what it means. Or, you can contact the Small Claims court clerk in the town where the company is located in Texas (not just any Texas Small Claims court), and ask the Court Clerk for instructions for getting you the necessary Complaint forms, and other paperwork, then filling them out, then sending them back to the Clerk with your filing fee. You'll receive a court date by return mail (make sure to use self-addressed, stamped, return envelopes)

Then, you'll need to fly there to appear in court with your evidence.

If you can't afford a Texas attorney, or if it's too cumbersome to go to the Texas Small Claims court yourself, then please, do yourself a favor, and stop doing business with out-of-state companies because you're bound to get screwed financially, either through loss of your money, or through legal and transportation expenses.

Good luck to you.

IAAL

This means that Texas law will apply to any litigation that arises from the contract. As such, you will need to file action in Texas if it is required.

Texas does not require that you have an attorney, but it is strongly recommended in District Court. If your claim is less than the $5,000 jurisdictional limit of Texas Small Claims, you could file in the county where the business is located. If you decide to not retain counsel, you can file yourself very simply, even from out of state. Contact the appropriate county (where the business is) and talk with a court clerk. He/She can either mail (or FAX) a blank form (no legal format required) for your use, or you can type up a generic 'petition'. You will need to appear at the trial when scheduled, but this should be the only trip needed (unless opposing counsel gets 'pissy').

My response:

Isn't that what I said ?

IAAL

Thanks you your help!

IAAL:

With all due respect, yes, it is exactly what you said. And if you will note the time of both of our posts, you will see that they were made within 3 MINUTES of each other... so, I was not trying to 'step on your toes'. It just happened that we were both trying to help at the same time.

In order to save both of our time, I suggest that you pre-schedule all your responses with me ahead of time. That way, I will know not to waste my time echoing your answers <grin>.