Ask a Lawyer, David L. Leon, Attorney, Dallas, Texas (214) 696-0021 » breach of contract

Can a credit card company sue you in the state of Texas?

David Leon — Sat, 26 Dec 2009 03:42:48 +0000

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.

01/01/2010 -- When can a judgment creditor take my home? (0)
01/01/2010 -- I have a judgment against me for a credit card debt. Can they take my house? (0)
25/12/2009 -- I’ve been charged with providing a false statement to obtain credit. What exactly is this and what can they do? (0)
30/06/2009 -- I’ve done all that and the collection agency is still harrassing me. What can I do? (0)
30/06/2009 -- Can I stop a debt collector from contacting me? (0)
30/06/2009 -- Can a debt collection agency contact my work? (0)
30/06/2009 -- I received notice of a lawsuit. What happens next? (0)
25/05/2009 -- May I advertise that I’m “going out of business” even if I’m not? (0)
25/05/2009 -- Is it against the law to falsify (munge) internet headers or use fake subject lines when sending unsolicited emails? (0)
20/02/2009 -- What is a suit on a sworn account? (0)

How long do I have to sue for breach of contract?

David Leon — Mon, 09 Mar 2009 01:50:41 +0000

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.

15/02/2009 -- I entered into a contract over the Internet. I’m in Texas and the other party is not, whose law applies? (0)
24/11/2007 -- I have a contract and the other side did not perform as promised. What can I do? (0)
25/12/2009 -- Can a credit card company sue you in the state of Texas? (0)
05/07/2009 -- What is an organizational meeting? (0)
05/07/2009 -- What is usury? (0)
25/05/2009 -- I want to start a new business. In order to attract customers, can I call my business a “wholesaler” even though I sell to the public? (0)
25/05/2009 -- I am an internet service or email provider. May I block emails that I believe are in violation of the Texas anti-spam laws? (0)
25/05/2009 -- I run an electronic mail service or internet service provider. Can I be sued if one of my clients sends unsolicited commercial email (spam) without my knowledge? (0)
25/05/2009 -- I want to send an unsolicited commercial email in Texas. How do I comply? (0)
12/03/2009 -- What is business succession planning? (0)

What is a suit on a sworn account?

David Leon — Sat, 21 Feb 2009 00:00:06 +0000

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.

25/12/2009 -- Can a credit card company sue you in the state of Texas? (0)
15/02/2009 -- Another company owes me for a past due invoice. Can you file suit to collect? (0)
24/11/2007 -- I have a contract and the other side did not perform as promised. What can I do? (0)
01/01/2010 -- When can a judgment creditor take my home? (0)
28/06/2009 -- What is a fiduciary duty? (0)
28/06/2009 -- I have a judgment against me. Can I use non-exempt property to pay off debts secured by exempt property? (0)
27/06/2009 -- What is a pyramid scheme? (0)
25/05/2009 -- May I advertise that I’m “going out of business” even if I’m not? (0)
25/05/2009 -- I contracted with a company to send email ads for me, but I didn’t know they violated the law. Can I still be sued? (0)
25/05/2009 -- Can I create a class action lawsuit to go after a spammer in Texas? (0)

I entered into a contract over the Internet. I’m in Texas and the other party is not, whose law applies?

David Leon — Sun, 15 Feb 2009 21:53:29 +0000

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.

05/07/2009 -- What is an organizational meeting? (0)
25/05/2009 -- I want to send an unsolicited commercial email in Texas. How do I comply? (0)
08/03/2009 -- My corporation dissolved, but there is still unfinished business. What can it do after the dissolution? (0)
08/03/2009 -- I formed a corporation online. What do I do next? (0)
08/03/2009 -- How long do I have to sue for breach of contract? (0)
06/03/2009 -- What is business insurance planning? (0)
27/02/2009 -- Can a business entity use a fictitious name? (0)
27/02/2009 -- What is a fictitious name? (0)
21/12/2008 -- I am the sole owner of my business. Do I still need to have annual meetings? (0)
21/12/2008 -- What sort of forms do I need to complete for my business before the end of the year? (0)

I have a contract and the other side did not perform as promised. What can I do?

David Leon — Sun, 25 Nov 2007 05:57:50 +0000

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.

25/12/2009 -- Can a credit card company sue you in the state of Texas? (0)
25/05/2009 -- I want to send an unsolicited commercial email in Texas. How do I comply? (0)
08/03/2009 -- How long do I have to sue for breach of contract? (0)
06/03/2009 -- What is sexual harassment? (0)
20/02/2009 -- What is a suit on a sworn account? (0)
15/02/2009 -- Can an officer or director of a company be liable to the shareholders for actions taken on behalf of the company? (0)
15/02/2009 -- Another company owes me for a past due invoice. Can you file suit to collect? (0)
15/02/2009 -- I entered into a contract over the Internet. I’m in Texas and the other party is not, whose law applies? (0)
24/11/2007 -- What can I do if a director of my company is acting unfairly? (0)
01/01/2010 -- When can a judgment creditor take my home? (0)