Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation. At this point, you have the right to file a small claims suit
with the Justice of the Peace Court in your county. For a good explanation of how this works, please see here
. This may not be your county, but it has good information on how a JP Court works, and the information is good state-wide. To find your local JP 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.
This is a breach of contract
claim. The essential elements of a breach of contract cause of action that must be prover are:
(1) There is a valid contract
(2) The plaintiff performed or tendered performance according to the terms of the contract;
(3) The defendant breached the contract; and
(4) The plaintiff sustained damages as a result of the breach.Valero Marketing & Supply v. Kalama International, 51 S.W.3d 345, 351 (Tex.App.- Houston [1st Dist.] 2001, no pet.)
You would file a PETITION with the JP Court, serve him by certified mail, and then it would be up to him to make it down for the hearing. If he does not, then the matter is won by you on default.
Once you get a judgment in JP Court, you can domesticate it in GA to enforce it if he does not pay, which would include using an attorney BUT he would be liable for the cost to do so.
Very often, a letter threatening
a lawsuit is enough to get him to refund you to avoid being sued. Let me know if you need such a sample letter.
Finally, yes, you can sue him in TX even though he is in GA. Tex. Civ. Prac. & Rem. Code § 17.042
states that anyone who contracts with a Texas resident for business may be brought into a Texas Court.
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