Dallas Collections Attorney

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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 | February 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 | October 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?

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 | August 30th, 2017|Collections, Texas law|Comments Off on What sort of defenses should I expect? What damages can I recover?

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 | August 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 | July 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?

I was about to get a contract signed, but another company then ‘interfered’; can I sue that other company that caused the contract to not be entered into?

Closely related, is a cause of action based upon tortious interference with prospective relations. Under this theory, there will be shown a reasonable probability that the creditor would have entered into a business relationship with a third person, but the Defendant intentionally interfered with such relationship and such conduct was independently tortious or unlawful, also [...]

By | June 16th, 2017|Collections, Texas law|Comments Off on I was about to get a contract signed, but another company then ‘interfered’; can I sue that other company that caused the contract to not be entered into?

How Do I Prove the Fraud Element of Their “Intent”?

Next is the element of” intent.”  Defendant must intend that the creditor or factor rely on the representation.  Many Texas collection cases, and in addition, the treatise known as the Restatement of Torts, states that to prove intent, the creditor must establish that the Defendant desired to cause the consequences of its act or believes [...]

By | June 1st, 2017|Collections, Texas law|Comments Off on How Do I Prove the Fraud Element of Their “Intent”?

What if the false statement of a Defendant was just ‘an opinion’?

An opinion may also be fraudulent if the Defendant knows that the statement of opinion is false, or if the opinion stated is based upon or supported with false statements of fact, that is intertwined with misstatements of fact, or if the opinion is based upon the Defendant’s special knowledge and the Defendant should have [...]

By | May 25th, 2017|Collections, Texas law|Comments Off on What if the false statement of a Defendant was just ‘an opinion’?

I’m a factoring company, and I’m not being paid; what are the elements of ‘fraud’?

We last discussed factoring agreements and breach of contract claims, in relation to Texas debt collection attorneys. Related to the factoring agreement, in collection on the contract, in the context of Texas debt Collection actions, the creditor will often discover fraud, sometimes referred as” fraudulent misrepresentation” or “fraudulent inducement”. First, let’s set forth the elements [...]

By | May 11th, 2017|Collections, Texas law|Comments Off on I’m a factoring company, and I’m not being paid; what are the elements of ‘fraud’?

Damages in Texas; Pleading, Mental Anguish, and Restitution Damages.

Q- What proof is required in my lawsuit when totaling damages? Actual damages, which are also called “compensatory damages” are 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 | May 5th, 2017|Collections, Texas law|Comments Off on Damages in Texas; Pleading, Mental Anguish, and Restitution Damages.