Posts Tagged ‘breach of contract’
Can a credit card company sue you in the state of Texas?
Posted by: David Leon in Consumer & Credit on December 25th, 2009
Yes. Most likely, the credit card company will first send you a notice of default. After that, the debt is typically sold to a third party collection agent, who then attempts to collect the debt. This usually involves a litany of letters and phone calls. If the collectors are still unsuccessful, then the collection agent may fire a lawyer to file a lawsuit against the borrower. By law, you are required to be given notice of any lawsuit against you.
How long do I have to sue for breach of contract?
Posted by: David Leon in Business law, Contract law, Litigation and judgments on March 8th, 2009
Under most circumstances, the statute of limitations for a breach of contract in Texas is four years. (See Sec. 2-275 of the Business & Commerce Code)
However, many contracts may have limiting language altering your right to sue, and some contracts have pre-requisites to your right to sue. Because every contract is different, you should have an attorney review your contract to see if there are any exceptions to the general rule. Additionally, there may be other causes of action that may have shorter limitations periods. Contact Us for more information, or to have your contract review.
What is a suit on a sworn account?
Posted by: David Leon in Business law, Consumer & Credit, Contract law, Litigation and judgments on February 20th, 2009
In Texas, a suit on a sworn account typically involves a business suing a customer who purchased goods and services on a revolving credit account. Typically, this process begins when a customer fails to pay invoices. The aggrieved business will send a demand letter to its customer, with a thirty day notice to pay the invoices. If the customer fails to make arrangements, then the business may file suit on a sworn account. In this action, the business will attach an affidavit to the lawsuit verifying the amount due and owing. The defendant customer then has to file a sworn denial on the account, or face losing the suit. Contact Us if you need help with one of these suits.
I entered into a contract over the Internet. I’m in Texas and the other party is not, whose law applies?
Posted by: David Leon in Business law, Contract law, Litigation and judgments on February 15th, 2009
As a general rule, if a contract made solely over the Internet between a person located in this state and a person located outside this state who does not maintain an office or agent in this state for transacting business in this state, then Texas law applies unless each Texas party:
(1) is given notice that the law of the state in which another party to the contract is located applies to the contract; and
(2) agrees to the application of that state’s law.
(Texas Bus & Commerce Code Sec. 271 & 274)
If you have an issue you would like to discuss with us, please Contact Us.
I have a contract and the other side did not perform as promised. What can I do?
Posted by: David Leon in Contract law, Litigation and judgments on November 24th, 2007
Breach of contract cases are very common. The first step is to document everything possible. You should keep track of who you spoke with, what you discussed, the dates and the times. When possible, you should also follow up any communications with written letters.
