Possibilities to win a small claim suit

UPDATED: Sep 30, 2022

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Possibilities to win a small claim suit

I am a small business contractor and I came to do so energy efficiency services
and install attic insulation. Customer paid me with a check 1,200 and couple
days later, he decides to stop the check and I am with no money. I call him and
he said that he was unhappy because one of my crew guys were rude and the
insulation installation does not seem to be leveled. I made an agreement to come
back to the house and fix any issue to satisfy his needs. He has not responded my
calls and text messages. Now I am hanging with no money. What can I do?

Asked on August 11, 2016 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

All you can do is sue him: you would sue him for breach of contract (violating the agreement to pay you for you work) and for unjust enrichment (getting the benefit of your work without paying for it). If your business is not an LLC or corporation (e.g. you are a sole proprietorship), you can act as your own attorney ("pro se") to save on legal fees; but if you are an LLC or corp., you will need an attorney, which may make it not cost effective to sue (only a lawyer can represent an LLC or corporation).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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