If you’re in business, sooner or later, someone will fail to pay you for your services. The good news is that if you’re a contractor, it’s possible to get security for that unpaid debt, even after the work is done. A properly filed Mechanic’s Lien will allow you to foreclose on the property that you provided labor or
It happens sometimes - one of our customers files bankruptcy. What does this mean to you as a creditor? Your first notice that this has happened is probably either going to be a verbal notice when you call for payment, or a notice from the court. If you receive a verbal notice, ask for the
Getting Out Before Trial One of the questions I am often asked is whether there is any way to avoid trial, in a case that cannot be settled, or which for some reason you don’t want to settle. “This is a dumb case - can’t the judge just throw it out?” Like any answer in
It seems like every month I see invoices that say “1.5% interest per month on unpaid balance”;“Interest will be charged at 18% on accounts over 30 days,” “Accounts not paid in 30 days are subject to a 3/4% monthly service charge”, or similar language. However, the creditor may incur serious penalties if the interest is
PART 1: Greetings - You Have Been Sued You’ve been operating a business successfully for years, and one day a constable knocks at your door,and serves you with a lawsuit. He hands you a stack of papers, including at least a citation and a petition. After your heartbeat returns to normal, you call your favorite
PART 2: What Happened? Discovery & Mediation In most cases, after an answer is filed, both sides need to do “discovery” before the case is ready for trial. Discovery is just like it sounds - each side has the right to ask questions and obtain documents to determine what the other side would say if
PART 3: Trial - Your Day in Court Most cases in Harris County are tried within 6 to 18 months of the time they were filed. While this sounds like a long time, it may not be. Before trial there is a lot of work to be done in gathering the facts, making sure