Texas Debt Collections

/Tag: Texas Debt Collections

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

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

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 |2017-06-16T15:17:47+00:00June 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?

Business Disparagement – Part 2 of 2

Regarding the requirement that malice must be established, plaintiff can prove that defendant acted with malice when defendant knew the statement in question was false, acted with reckless disregard for whether the statement was true, acted with ill will, or intended to interfere with plaintiff’s economic interest. Texas cases have held that defendant was deemed [...]

By |2016-12-15T16:13:01+00:00December 15th, 2016|Collections, Texas law|Comments Off on Business Disparagement – Part 2 of 2

Business Disparagement – Part 1 of 2

Business disparagement is a tort, and is similar in many respects to defamation. A defamation cause of action will protect plaintiff’s personal reputation, whereas an action for business disparagement will protect plaintiff’s economic interests from pecuniary loss. Waste Management v. Texas Disposal 434 SW3d 142 (Tex. 2014). The Texas collections attorney needs to be aware [...]

By |2016-12-12T17:34:36+00:00December 12th, 2016|Collections, Texas law|Comments Off on Business Disparagement – Part 1 of 2

The Texas Necessaries Doctrine

Under the Necessaries Doctrine, (the ND) in Texas, a nonexempt joint community property is liable for the debts of either spouse. Many or most attorneys are not even aware of the existence of the ND, but it certainly exists under the Tx. Family Code and applicable caselaw. The basic rules are found in the Fam [...]

By |2017-01-04T22:11:30+00:00June 22nd, 2015|Collections|0 Comments

The Texas Necessaries Doctrine

Under the Necessaries Doctrine, (the ND) in Texas, a nonexempt joint community property is liable for the debts of either spouse. Many or most attorneys are not even aware of the existence of the ND, but it certainly exists under the Tx. Family Code and applicable caselaw. The basic rules are found in the Fam [...]

By |2017-01-04T22:11:23+00:00June 22nd, 2015|Collections|0 Comments

Breach of Fiduciary Duty – Part 2

This is a continuation of Sam's discussion on Breach of Fiduciary Duty. The second aspect, proving breach, you first must understand what duties are owed by the fiduciary. The duties owed generally by fiduciaries are the duty of loyalty and utmost good faith, of candor, to refrain from self-dealing, also to act with integrity of [...]

By |2013-05-13T19:52:00+00:00May 13th, 2013|Collections|0 Comments