You have two options to pursue them. You may sue in Texas, or in NM. Practically, it is easier to sue in NM since you are there and they are not. The judgment may then be "domesticated" in Texas to be pursued, if they do not pay.
Under N.M. Stat. Ann. § 38-1-16
, any entity that transacts business in NM falls under its courts' jurisdiction.
This would be the Magistrate Court. See here
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
This is breach of contract. The plaintiff's burden of proof in an action for breach of contract is existance of contract,, the breach thereof, causation, and damages. Camino Real Mobile Home Park Partnership v. Wolfe, 119 N.M. 436, 442, 891 P.2d 1190, 1196(N.M. 1995)
Once you file, serve them, and have a hearing, and win, then if they do not pay the judgment, one can file a Petition to Register Foreign Judgment
with the court in Texas (they can be responsible for attorney fees) to enforce the judgment by levy, lien, and/or attachment.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating