How to recieve payment from loaned tires.

UPDATED: Sep 30, 2022

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How to recieve payment from loaned tires.

We are a small tire shop business. We loaned someone 6 new 18 wheeler tires for their 18-wheeler. The agreement was he would pay $500 for the first payment 10/08 and then $287.50 each Friday after that for a total of $1650. He missed every payment and had an excuse that he was out of town, his truck had broken down and so on. He finally sent a money order for $300 on 10/28. Since then he has not given further payments and simply says he doesn’t have money. What could be done in order to receive our money? I’ve heard of small claims court but I’m not sure how it would work. Would we need a lawyer or how much is the fee or who pays the fee?

Asked on November 25, 2016 under Business Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the person, who has failed to pay for the tires, for breach of contract / account stated in small claims court.
There are no attorneys in small claims court.  The court fees vary from state to state.  You will need to check with your court clerk or online to obtain the current court filing fee.  In addition to the court filing fee, you will need to pay for a process server.  The court won't have any fee information on that, but you can look for process servers under attorney services either online or in the Yellow Pages and ask them the amount of their fees.
If you prevail in the case, you can recover the court filing fee and the process server fee.
You can obtain the summons and complaint (complaint is the lawsuit) forms from small claims court.  The small claims court usually has an advisor who will assist you in completing the documents.
After prevailing in the case, you can enforce the judgment with a wage garnishment.

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 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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