Asked in Business Law and Contracts for Texas

Q: Non payment of Dues

Hello, I am an independent contractor based in France. I worked as a remote worker for a used cars dealership based in Garland, TX for over a year. The first inquiry was through Fiverr and then we worked directly. This dealership's main business is to find cars with clean titles and clean Carfax but with accidents. He repairs them and sells them. I was first in charge of inventory research then added another task as shipment coordinator. I have not made a formal agreement with him since I was a complete freelancer but since Jan 2022 I am registered as a company. I have plenty of chat discussion, voice messages, email proofs and payments made by him for the previous months work. I also had a company email and phone number attached to his dealership name. Unfortunately in the last three months, I haven't received my due payment in the amount of around $5500 for the work done. I am reaching out to you to see how I can recover this amount. Thank you

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: You can likely sue the dealership for breach of contract. If the agreement is between the dealership and your company, make sure that your company is registered to do business in Texas and is in good standing before filing suit.

You most likely can sue in justice of the peace court given the amount involved. The advantage in such situation is you do not necessarily need an attorney, but the dealership could appeal an unfavorable judgment to county court.

You could also likely file suit in county or district court but, if the agreement is with your company, your company must have an attorney represent it. Without a signed written contract, it is likely there will be a dispute about the existence and/or terms of the agreement. You should expect your legal costs will be $25,000-50,000 if the dealership defends the suit through trial. And you should expect at least three personal appearances in Texas in connection with such a lawsuit.

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