What are my legal rights if I own my own business provided $8000 worth of services and material to an out of state client?

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What are my legal rights if I own my own business provided $8000 worth of services and material to an out of state client?

I have called and emailed.

Asked on March 9, 2014 under Business Law, New Hampshire

Answers:

Brook Miscoski / Hurr Law Office PC

Answered 7 years ago | Contributor

In Texas, the first question would be whether your contract says where you have to file a lawsuit.

If it doesn't, the second question is whether the work was done in Texas or somewhere else. For example, if you produced the materials in Texas or performed some of the services in Texas, it would be pretty easy to sue in a Texas court, but if everything happened in the other state it might not be so simple to sue in Texas. Of course, if you could it's usually better to sue in the state you're in.

If you could sue in Texas, there would of course be some issues with how to explain that to the court and a special process for getting the out of state defendant served with the lawsuit. 

I don't believe any of that is extremely complicated, but there are enough requirements that I think it's better to ask an attorney in your area to help you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You have a legal right to be paid for the work you did and materials you provided, pursuant to the terms of the agreement (preferably written, though oral/verbal contracts can also be enforced--they are simply more difficult to prove). If the client does not pay, you can sue him/her/it for the money--that's the only way to get it; there is no government agency, for example, including the police or the attorney general, who will get it for you. For an out of state case, you'll have to sue in "regular" court--not small claims. You are advised to retain an attorney to help you.


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