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What payment collection options are available without a signed contract in Texas

Texas

I completed a small $600 job a month ago; the client verbally agreed; however, not willing to pay once the job was completed. I did not do a contract because it was a quick on-the-spot job.

5 replies

Sep 22, 2021

You should consider preparing a letter to mail by certified mail, return receipt requested, to the customer to set out the facts and to demand the relief that you want. Attach your invoice (if you do not have one, then make one), and a photograph of your completed work. Make sure that your letter is professional and business like as it may be evidence later.

If need be, consider filing suit in small claims court (assuming that your claim is less than $20,000), using your letter as evidence.

You do not indicate what kind of project (commercial or residential) or whether you contracted with the owner of the property, or even if the project involved construction. So, I recommend that you stay away from preparing and filing a mechanic's lien, and avoid that expense.

Good luck.

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Sep 22, 2021

Hello!

1. Let this be a lesson. Do not do work for people without a written agreement of some sort even if it is a text message unless you legitimately do not care about not being paid.

2. Take this to small claims court. The filing fee is ~$100 and the process is much faster. I hope you have pictures.

If you try to file a lien A) you may not actually be able to file a lien without the written contract and B) you are going to be spending a whole lot of money in filing as well as enforcing a lien in District Court. Filing a lien will generally be $300+ through an attorney or Levelset. Filing a lawsuit in District Court is $300. You have now spent more money that it's worth.

-E. Aaron Cartwright III

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Sep 22, 2021
Thank you....yes; lesson learned! I think what kills me is the cockiness of him saying "you don't have my signature on anything, so it's your word against mine"...smh
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Sep 22, 2021
Thank you for your reply. A small residential plumbing job. Verbal agreement with the homeowner. I've sent a certified intent to file a lien, but he's ignoring it. Just found out that he's in bankruptcy, so it pretty much going to be a lesson learned.
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Sep 22, 2021

It's not "your word against mine". It's "I have pictures and receipts and can show where I did the job in your house for not free."

You can win this case but it is going to take a lot of effort since there is nothing in writing.

Oh wait. I just saw where he was in bankruptcy. Yeah. No. This one is gone unless you want to pay an attorney to sue him for fraud to maintain your $600 claim through his bankruptcy. That is the only way your claim will survive.

-E. Aaron Cartwright III

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