If we have a business inone state and performed services in anotherbut there has been no payment, how should we proceed to collect?

UPDATED: Jun 10, 2011

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If we have a business inone state and performed services in anotherbut there has been no payment, how should we proceed to collect?

We have a concrete pump business in TX and did a job in OK we provided services but have not been paid. What can we legally do? I have sent several invoices by mail and fax, as well as left numerous voice mails on all phone numbers that I have for this customer. No response from them.

Asked on June 10, 2011 under Business Law, Texas


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

Answered 11 years ago | Contributor

You could file a lawsuit for breach of contract.  This is for an account stated.  A lawsuit can be filed where the plaintiff resides (concrete pump business located in TX) or where the defendant resides (OK) or where the claim arose (OK where the job was performed).

It would be more convenient for you to file in TX with regard to court filings and court appearances.  Depending on the amount you are owed, you may be able to file in Small Claims Court.  Your damages (the amount you are seeking to recover in your lawsuit) would be the amount owed plus court costs.  Court costs would include the court filing fee and process server fee.

You should select a process server preferably in the city in OK or if not possible, near the city in OK where the defendant is located to hold down the cost of having the lawsuit served.  You can find process servers listed in the Yellow Pages or online under attorney services.

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