Texas law

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Types of Damages in Texas

What damages can I recover in my collection lawsuit? Actual damages, the Texas collection lawyer seeks damages called “compensatory damages”, awarded to compensate for an injury or to repair a wrong. Actual damages may be either economic or non-economic and do not include exemplary damages. Economic damages compensate for actual economic or pecuniary loss, and [...]

By |2018-07-19T18:49:07+00:00July 19th, 2018|Texas law|Comments Off on Types of Damages in Texas

Defenses- Part 1

LAW OFFICES OF SAM EMERICK, P.C. Feb. 4, 2018   Today’s blog will center on some of the defenses available in a breach of contract action, concerning Texas collections cases. The first area we will address often seen by Texas collection attorneys is the defense of ‘waiver’. A Waiver is defined as an intentional relinquishment [...]

By |2018-02-05T21:39:48+00:00February 5th, 2018|Texas law|Comments Off on Defenses- Part 1

QUANTUM MERUIT – I didn’t get a contract signed; can I still sue for the services I provided?

Today’s Blog addresses the Texas debt collections issue of QUANTUM MERUIT—an equitable theory of recovery, intended to prevent unjust enrichment, when there is AN IMPLIED AGREEMENT TO PAY FOR SERVICES RECEIVED. In re Kellogg Brown 166 SW3d 732 (Tex. 2005), also Barnett v. Coppell 123 SW3d 804 (Dallas, 2003). If an express written agreement covers [...]

By |2017-10-24T17:47:22+00:00October 24th, 2017|Collections, Texas law|Comments Off on QUANTUM MERUIT – I didn’t get a contract signed; can I still sue for the services I provided?

Recovering Your Attorney’s Fees – Conclusion

In most cases, Plaintiff proves his attorney’s fees by offering expert testimony. Failure to timely designate Plaintiff’s attorney as an expert witness may result in exclusion of the expert attorney fee testimony unless the party can show good cause or lack of unfair surprise. Usually, the party’s trial attorney is qualified the give expert testimony, [...]

By |2017-10-05T14:33:59+00:00October 5th, 2017|Texas law|Comments Off on Recovering Your Attorney’s Fees – Conclusion

Recovering Your Attorney’s Fees – Part 2

Regarding the element that Plaintiff must prevail, Plaintiff must secure favorable findings on both liability and damages. If Plaintiff secures a favorable finding on liability, but with no damage award, Plaintiff has not been considered to prevail and it not entitled to attorney’s fees. Plaintiff is not required to obtain a net recovery, however, before [...]

By |2017-09-25T18:27:59+00:00September 25th, 2017|Texas law|Comments Off on Recovering Your Attorney’s Fees – Part 2

Recovering Your Attorney’s Fees

From an adverse party, as permitted by statute, contract, or equity. Smith v. Patrick 296 SW3d 545 (Tex. 2009). To recover attorney’s fees, Plaintiff must establish the following: Plaintiff pled for attorney’s fees Plaintiff’s recovery of attorney’s fees is authorized either by statute or by a contract between Plaintiff and Defendant, or under principles of [...]

By |2017-09-13T14:58:40+00:00September 13th, 2017|Texas law|Comments Off on Recovering Your Attorney’s Fees

What sort of defenses should I expect? What damages can I recover?

Q- what sort of defenses should I expect him to try? Defenses sometimes asserted include Limitations, unclean hands, voluntary payment by Plaintiff, or pleading that the money is stolen money, even from a good-faith purchaser for value. Texas Bank v. Custom Leasing 498 SW2d 243 (Tyler 1973), and also ‘Unclean hands’, may include factors showing [...]

By |2017-08-30T17:01:15+00:00August 30th, 2017|Collections, Texas law|Comments Off on What sort of defenses should I expect? What damages can I recover?

Defendant has my property, how do I get it returned under ‘Conversion’?

A related cause of action is ‘conversion’, generally described as a Plaintiff who owned or possessed or had the right to immediate possession of personal property, with Defendant wrongfully exercising dominion over it, with Plaintiff suffering injury. Earlier, this theory was called suing “in detinue” or “in trover”, although we do not use these any [...]

By |2017-08-10T19:38:14+00:00August 10th, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on Defendant has my property, how do I get it returned under ‘Conversion’?

Defendant is Holding My Money; How Do I Get it Back?

This cause of action, in Texas collections, used to be called ‘assumpsit’. It is an equitable claim that usually should be pleaded in the alternative to another claim such as ‘conversion’ which will be discussed later. This theory is usually applied to prevent unjust enrichment, and is based on a debt not evidenced by a [...]

By |2017-08-02T15:30:16+00:00August 2nd, 2017|Collections, Texas law|Comments Off on Defendant is Holding My Money; How Do I Get it Back?

How I would Expect an Interferer to Defend the Charge? And What Damages Can be Recovered?

  Q- How I would expect an interferer to defend the charge? A Defendant sued for tortious interference may try to defend himself by alleging that the damages were actually Plaintiff’s fault. Southwestern Bell v. John Carlo 813 SW2d 613 (Houston 14th Dist 1991). Here, Defendant alleges that the Plaintiff’s own acts or omissions caused, [...]

By |2017-07-21T15:37:54+00:00July 21st, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on How I would Expect an Interferer to Defend the Charge? And What Damages Can be Recovered?