Texas law

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Can I Draft My Own Liquidated Damages Provision? Can I Use These With a ‘Bonus Provision’ Too?

Q- Is it a good idea to draft one of these Liquidated Damages provisions myself? As would be expected, many clients, when drafting the liquidated damages provision, will specifically state in the contract, that their liquidated damages provision is not a penalty, however, you cannot depend upon the inclusion of that sort of language, though it [...]

By |2017-04-28T13:20:42+00:00April 28th, 2017|Collections, Texas law|Comments Off on Can I Draft My Own Liquidated Damages Provision? Can I Use These With a ‘Bonus Provision’ Too?

Is a ‘Liquidated Damages’ Paragraph a Good Idea in the Construction Business? And How do the Texas Courts Look at These Things?

Q- Is a ‘liquidated damages’ paragraph a good idea in the construction business? Especially in construction cases or any case involving a specific amount of time, in which the services must be performed, liquidated damages may be a proper measure of damages. So, in Dallas debt collection, the liquidated damages clause is a stipulation, between [...]

By |2017-04-20T14:59:38+00:00April 20th, 2017|Collections, Texas law|Comments Off on Is a ‘Liquidated Damages’ Paragraph a Good Idea in the Construction Business? And How do the Texas Courts Look at These Things?

I’m Thinking About Inserting a ” Liquidated Damages ” Provision in my Contract; How Does a Court Look at These Things?

In this week’s Blog, let’s talk about a different type of damages, liquidated damages provisions. A liquidated damages clause sets the amount of damages for breach of contract, in advance. Obviously this type of provision can be very important to a Texas debt collection lawyer. A liquidated damages provision is not illegal in Texas, as [...]

By |2017-04-12T19:26:47+00:00April 12th, 2017|Collections, Texas law|Comments Off on I’m Thinking About Inserting a ” Liquidated Damages ” Provision in my Contract; How Does a Court Look at These Things?

What Happens if I Do Not File Special Exceptions? And Can I get the Court to Just Dismiss the Lawsuit?

Q—What happens if I do not file Special Exceptions? If Plaintiff’s pleadings are not challenged by Special Exceptions, the court will construe the pleadings liberally in favor of the pleader.  Horizon v. Auld, 34 SW3d 887 (Tex. 2000).  Without Special Exceptions, a court will uphold Plaintiff’s pleading, even if an element of a cause of [...]

By |2017-04-06T15:13:37+00:00April 6th, 2017|Collections, Texas law|Comments Off on What Happens if I Do Not File Special Exceptions? And Can I get the Court to Just Dismiss the Lawsuit?

Special Exceptions in Texas – “How Much Information Am I Obligated To Put In My Petition?

Today’s Blog in the area of Texas Collections and specifically Dallas Commercial Collections, is in the area of “Special Exceptions”.  This is a Texas statutory creation in which one party can inform the opposing party of defects in its pleadings so it can cure them by amendment, if possible.  By filing Special Exceptions, the opposing [...]

By |2017-03-29T14:36:38+00:00March 29th, 2017|Collections, Texas law|Comments Off on Special Exceptions in Texas – “How Much Information Am I Obligated To Put In My Petition?

What if my Lawsuit Did Not “Arise Under” a Contract Obligation?

A closely related area to 21.223, is with lawsuits where Plaintiff’s underlying claim is based upon tort or statutory liability that does not arise out of the contract of the corporation.  In a case involving non-contractual obligations, the court stated that corporate veil-piercing was traditionally predicated on notions of justice and fairness.  Thus, in that [...]

By |2017-03-21T18:19:30+00:00March 21st, 2017|Collections, Texas law|Comments Off on What if my Lawsuit Did Not “Arise Under” a Contract Obligation?

Can Anyone Other Than The LLC, Be Liable For This Debt?

Today’s blog will examine various provisions of Texas laws relating to LLC’s, Limited Liability Companies, in Texas. Most generally, the statutory provisions governing LLC’s are found in the Texas Business Organizations Code (BOC) and in particular, Chapter 21, governing for-profit corporations. Chapter 21, of course, is the applicable law in Texas governing formation of LLC’s, [...]

By |2017-03-16T15:39:27+00:00March 16th, 2017|Collections, Texas law|Comments Off on Can Anyone Other Than The LLC, Be Liable For This Debt?

What if the Defendant is ‘Served’ Through Their Agent? And How to Serve a Corporate-Defendant?

Today’s blog talks about the formal process of serving the defendant, thereby giving him notice that he has been sued. This is an overlooked area to Texas collection lawyers and Dallas collection lawyers, until a service problem rears its ugly head In general, serving defendant gives the court jurisdiction over the defendant in order to [...]

By |2017-03-09T15:46:05+00:00March 9th, 2017|Collections, Texas law|Comments Off on What if the Defendant is ‘Served’ Through Their Agent? And How to Serve a Corporate-Defendant?

What Is Meant By ‘Serving The Defendant’?

Today’s blog talks about the formal process of serving the defendant, thereby giving him notice that he has been sued. This is an overlooked area to Texas collection lawyers and Dallas collection lawyers, until a service problem rears its ugly head In general, serving defendant gives the court jurisdiction over the defendant in order to [...]

By |2017-03-03T21:16:58+00:00March 3rd, 2017|Collections, Texas law|Comments Off on What Is Meant By ‘Serving The Defendant’?

Is the Defendant “Privileged”? And What Damages Can I Recover?

Q- Is the Defendant “privileged”? i.e. does he have an excuse to say these things? Plaintiff must also establish that the disparaging words were communicated without privilege. Although the law is a bit unsettled in Texas, it appears that plaintiff has the burden to negate privilege. The idea that privilege is a defense to a [...]

By |2017-02-27T16:42:10+00:00February 27th, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on Is the Defendant “Privileged”? And What Damages Can I Recover?