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Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am a small business in Texas and, have not been paid in full

Customer Question

I am a small business in Texas and, have not been paid in full for uniforms i made for the local little league, The amount is 4000 dollars. How do I go about sending them a demand for payment letter to a non profit org. and what board member do i address it to

Submitted: 7 years ago.
Category: Legal
Expert:  TexLaw replied 7 years ago.

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

You need to send a demand letter stating that the organization entered into a verbal contractual arrangement with you to make uniforms in exchange for the full amount and that the organization is in breach of the agreement in that it has failed to fully pay and still owes $4,000.00 for payment.

You need to contact the Texas Secretary of State at Phone -(NNN) NNN-NNNN You need to ask them who the registered agent for service of process is for the organization and the address for service of process. Then you need to send the letter by certified mail to the agent for service of process. You need to put a deadline for the time to pay and tell them that if you do not get payment that you will sue them in small claims court. Also, I would send a letter to the President of the board, or if there is an executive director, send it to him/her.
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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.

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Customer: replied 7 years ago.

Mr Norris

This organization is an association not a corporation


What to do

Expert:  TexLaw replied 7 years ago.
If the organization is an association, it will be treated under the law as a partnership. Further, this implies that it is not a "non-profit organization", as such organizations must be incorporated and must be registered as the same.

As this is the case, you should send the demand letter to the person who placed the order for the uniforms with you. If that person was not a "partner" in the association and is only an agent, then you need to send the letter to any of the individuals of whom you are aware that are actually members of the association. The law states that serving one partner with notice acts as service on the entire partnership/association with notice.

You can also send the notice to the associations place of business. Check with your County Clerk to see if the association has registered with the clerk as a "DBA". If so, the registration may have a mailing address associated with it. You may send the notice to that address. Or, you can send the notice to the personal address of any of the partners. Pick the person who is highest in authority that you know of to send the notice to.

Please let me know if there is anything further I can do for you.