Texas Breach Of Contract Legal Questions

If I understand you correctly, you have been receiving other people's confidential emails.  While the people whose confidential information has been shared with you certainly have a right to complain, I don't understand how you have been damaged by this.  A party can't sue successfully for the breach of someone else's rights, nor, in most circumstances, can a party successfully sue unless that party has sustained actual damages from some claimed wrongdoing. ... Read More

Because you have written acknowledgment of the debt, you may want to consider sending a demand for payment to your ex. This way he can arrange to make payments prior to you suing him for the amount owed. If he doesn't respond to a demand letter, you may purse your claim in county court for the amount owed where you will have to prove the debt and proof that he agreed to pay the money back. ... Read More

You may have a claim under the Texas Deceptive Trade Practices Act because you were misled about the nature of the cabinets, the time the installation would take, and the quality of the overall product. It looks like the cabinets have not been installed and you are still waiting for them to perform on the work. If you have a contract for the work that has not been performed, you also have a breach of contract claim. ... Read More

You are certaintly entitled to a detailed accounting of the materials and construction costs of your remodel. Make your request for invoices reflecting where the money was spent in writing and send them via certified mail for proof of delivery and receipt. If the contractor cannot justify its expenses, request a refund of any excess funds received and not accounted for. If they won't pay, you may have a breach of contract claim against them. ... Read More

Yes, you may sue in Texas against your customer for breach of contract through an licensed Texas attorney. Because your customer lives in Texas, a Texas court has jurisdiction over him or her. The facts giving rise to the lawsuit (whatever the contract relates to) should also have occurred in Texas to some degree. Another option is for you to sue the customer in federal court because of diversity of citizenship (you live in different states, so the federal court is neutral territory to resolve your dispute). ... Read More

I have a few questions for you. Do you know if your aunt's will was probated by the court? Without a probate process, the house cannot be placed in your name and will remain in the name of the deceased person. A home cannot be sold if it is in the name of a deceased person because that person cannot sign for or accept the sale.  Do you know if this family member received a deed to the property prior to her death? That is the only way the family member would have rights to sell the property. ... Read More

I'd want to know how you found out the employee is using your EIN#.    As far as him using your trade secrets, you can issue a cease and desist notice and also sue him for the use of your patented information. His new employer may also be liable for his use of your patented information. I'd be interested to know more about this situation. ... Read More

It depends on whether the buyer has sufficient "minimum contacts" with Texas to make him subject to its jurisdiction.  Since the buyer now lives in Texas, he clearly has sufficient contacts with it to be sued there, UNLESS the agreement he had with your husband provided that Indiana (or some other venue) was the only place where contractual disputes could be litigated.  Even then, the buyer may well waive that right, since a Texas litigation is more convenient for him as well as you.... Read More

Assuming that the travel agent does not simply agree to pay you when you serve him with a complaint, you would certainly have to appear in Michigan to litigate any claim against him.  If this would be inconvenient or too expensive for you, you hould consider filing suit in Texas.  Although most small claims court have limited jurisdiction, it is likely that a Texas civil court of general jurisdiciton would likely have jurisdiction over the travel agent if he/she/it has "minimal contacts" with Texas.  Even without knowing if the agent provides any travel services in Texas (i.e. arranges trips through Texas) it seems from your email that the agent dealt with you in Texas regarding the contract that is now in dispute, probably advertised in Texas and/or solicited your business in Texas.  Thus, it is likely that the Court will find "minimum contacts."  The downside is that small claims cases are generally much cheaper to file and prosecute, and may move faster.... Read More

Nowadays its possible to do many of the things you need to do in litigation if one of the party's is out of state or the country.  It happens all the time.  Unfortunately, nobody can guearantee that his presence will not be required at least sometimes.  For example, if the case does not settle and goes to trial, the party would have to attend.  Opposing parties sometimes use the fact that the other party may not want to travel to litigate as leverage during settlement discussions. ... Read More

It sounds like you have a good claim under the Texas deceptive trade practices act.  The issue in these cases is usually collectibility - can the defendant pay if you get a judgment against them?  I would hire a lawyer as soon as possible before his business goes under.  Usually in cases like these you aren't the only one they've done this to and you don't want to be the one left without a chair when the music stops. ... Read More

personal jurisdiction, or the right of a court to excercise jurisdiction over you, is a tricky issue and causes laws students and lawyers a lot of problems.  They are also very fact speciic inquiries that take a lot of things into account.  Travel to the state, the extent of ties to the forum state, whether you sought an economic benefit from the forum state, etc.  So, the short answer to your question is that it is too difficult to tell in a single paragaph whether Illinois courts can assert jurisdiction over you.  However, I would imagine that if you "acquired a house" in Illinois, that would weigh heavily in favor of an Illinois court being able to assert jurisdiction over you.  I certianly wouldn't ignore it in the hopes that the judgment would be invalid.  If they sued you, they could have you served in texas and you would be responsible for at least answering the lawsuit and challegning the jurisdiction.  If you chose not to and they obtain a default judgment against you, they would be able to enforce that judgment in Texas.  Garnishment is available in certain situations and in certain states.  You would need an Illinois lawyer for that. ... Read More

Theoretically you can be sued if your prospective employer suffers forseeable damages from your breach of contract, but Job A has a legal obligation to attempt to mitigate its damages.  As a practical matter, if you tell Job A that you have reconsidered, Job A will probably, in the 3 months it has before your job was supposed to start, be able to find someone equally good to replace you for the same salary, so it is unlikely to suffer any damages.  In other words, as a practical matter it is unlikely that you will be sued, but you could be.  The chances of being sued increase depending on (a) how good you are at your job and how easily replaced; and (b) whether Job B is a competitor of Job A.... Read More

Unless you agreed to a contract, or someone representing you agreed on your behalf, you are not bound by it.  However, not all contracts have to be in writing.  If you orally agreed not to solicit these customers for a period of time, that may be enforceable.  Moreover, such an agreement can sometimes be implied.  For example, if you were offered a $10,000 bonus if you agreed not to solicit these clients, and then, although you did not expressly agree, you took the $10,000, your agreement could be implied.  Also, even without an agreement, you cannot use your former employer's trade secrets to compete with it, and in some cases the names of customers and other information about them (the prices they've paid, the contact people, etc.), if it is not publicly available information, could be considered trade secrets.  In this case, since you've worked with these customers for years and probably rely on your memory (as opposed to your former employer's confidential customer list), in your dealings with them, the information will probably not be considered a trade secret. All of which is to say that you probably have no obligation not to solicit these clients, but I can't give you an absolutely definitive answer from the little you've written.  Also, sad to say, but being right is no guaranty that you won't be sued, and if you are you will probably have to bear your own attorneys' fees, even if you win.... Read More

The answer may depend on the provisions of your contract, and also your ability to prove what was in the box and how much it was worth.  Many such agreements contain provisions limiting the bank's liability.  For example, the safety deposit agreement which you presumably signed may provide that the bank is only liable to a maximum of $100, or only liable in cases of gross negligence.  These provisions may or may not be enforceable, depending on the particulars of your case and what jurisdiction's law applies (probably the law of the jurisdiction where the box was located). Assuming that the bank could be found liable for everything you lost (which, based on the facts you've provided) seems likely, you still may have a tough time proving what was in the box and how much it was worth.... Read More

I'm not sure exactly what you mean by "valid legal paper", but if you're asking whether the fact that it is not on some kind of "special" paper, or notarized, means that it is not a valid contract, the answer is probably not.  Many types of contracts are not required to be in writing, and even fewer are required to be notarized.  There is generally more formality required in instruments such as wills and deeds, however.... Read More

I'm not familiar with the type of agreement you refer to.  In Federal courts, Rule 11 is a rule relating to frivolous litigation, which doesn't seem to be the case here.  From what you've written, however, the agreement to which you refer seems to be a settlement agreement, which already provides for entry of judgment upon default.  If this is so, you would probably be best served by an attorney who specializes in collections.  Many such attorneys charge their fees as a percentage of what they collect, so that you will not have to pay the attorney if he is unable to collect anything.  However, there may be expenses other than attorneys' fees, such as process serving fees, for which you would be responsible.... Read More