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RobertJDFL
RobertJDFL, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I ordered wooden doors from a company in Austin called

Customer Question

I ordered wooden doors from a company in Austin called Tri-Supply. They goofed up the order by pre drilling the holes for the door handles when I specifically told them not to. This meant that I had to buy rosettes to fit the doors that I did not need to buy if they had just done the order correctly. I spoke to them on the phone and they agree to send me a check for the cost of the rosettes...but they never did send the check. Does this qualify for going to small claims court? If so, how do I proceed?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer. I look forward to assisting you this evening.

Yes, that would qualify as a small claims case for a breach of contract claim, assuming that your maximum damages are less then $10,000 (since you cannot request more then that in small claims). A breach of contract arises when a bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract. In this case, (presumably) you signed a contract or agreement whereby in exchange for payment, Tri-Supply would supply wooden doors to a certain specification. Their breach occurred when they failed to perform accordingly and drilled holes for the handles. Your damages, are of course the costs you incurred in having to repair the mistake.

Since the service was performed where you live and Tri-Supply does business in your county, you can sue them in the county where you live. You are going to have to figure out first if Tri-Supply is a sole proprietorship, partnership or corporation, since it will make a difference as to who you name in the suit and whom you serve the suit to. Generally, small claims cases do not require a lawyer and most people choose to represent themselves.

Here is a guide put out by the State Bar of Texas which explains very well how to file a small claims case (it's 28 pages long, or I'd cut and paste it here).

You may also find this guide from the Dallas County Clerk of Court helpful (the procedures are essentially the same in every county).

If you need clarification or additional information, please REPLY, and I'll be happy to assist you further. Thank you.

Expert:  RobertJDFL replied 11 months ago.

If you have no further follow-up questions about this matter I may assist you with, kindly remember to please leave me positive feedback/a positive rating (3-5 stars) as that is the only way experts on this site are compensated for their time, even though you may have left a deposit. Thank you and happy holidays!