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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32364
Experience:  Began practicing law in 1992
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Here is a recent email I sent - can you advise if I can sue

Customer Question

Here is a recent email I sent - can you advise if I can sue in Nevada as indicated?
With great regret, I must inform you of my intent to file claim on money owed that will soon be 6 months past due, and in our business, that’s unheard of. I also regret, that no contact was put forward from PBK in this regard. Is there no pursuit of getting these invoices paid? As, I have contacted PBK nearly once a month in this regards, I have no recourse but to proceed with every means available to me to get paid!
In accordance with Small Claim Court protocol, you are hereby given 30-day notice that a claim will be filed with Harris County for payment of Protech Invoices as indicated below plus late fees and on such dates as indicated. The citation will be served on one or more of the PBK Partners in accordance with Section 17.022 of the Texas Civil Code.
Invoice No.Invoice DateInvoice Payer Amount File Date (###) ###-####Jan-15PBK Architects, Inc. $ 9,360.00 27-Jul-15
151032-Feb-15PBK Architects, Inc. $ 15,680.00 TBD (###) ###-####Feb-15PBK Architects, Inc. $ 7,800.00 03-Aug-15
Invoice No. 15103 exceeds the small claims limit and will be turned over to a lawyer my soonest opportunity. Since Protech is a Nevada LLC, I will pursue that jurisdiction and discuss with my agent in Carson City how that can be arranged. Their fees will be included.
I do regret proceeding with this, but I am now on social security and semi-retirement, and collecting all debts and moving on, the judge will take that in account. Know that I have used this method in the past and have never not been paid. I also look forward to a trip to Nevada, although it will be expensive as all cost will be included in that suit.
Kerry Ridgway, Owner Protech Engineering & Consulting, a Nevada LLC dba 504 in Texas
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. I'm a little confused. In one part you talk about suing in Harris County and in another part you talk about suing in Nevada. Which one are you curious about? Also, the email itself has nothing to do with where you can sue. Are you asking if you can sue in NV based on that being where the company is located?
Customer: replied 1 year ago.
Texas small claims for work must be filed where the work occurred is my understanding up to a limit of $10,000, so to give PBK the most grief I plan two separate small claims and would like to file suite for the larger amount in NV if possible. My plan is to present the most torturest path forward to provoke PBK to concede. But they don't want to pay me until they get paid. What do you think - please advise?
Expert:  Dwayne B. replied 1 year ago.
There are a number of different ways to get venue in Texas. One is where the work is performed. However, you're not allowed to break claims down into multiple lawsuit involving the same facts and parties to come within a jurisdictional limit. If they hire a lawyer the first thing he will do is file a motion for sanctions and a motion to dismiss and you will have waster the costs of filing the lawsuit and getting service and you may have to pay the attorney's fees. Not really likely but possible.
Customer: replied 1 year ago.
OK - Then you are saying to go ahead and file a suit for the entire amount owed $33,000? What would be you cut of that?
Expert:  Dwayne B. replied 1 year ago.
Yes, suing for the entire amount is the simplest and most efficient way to proceed. I'm not sure what you mean by that second question, could you explain? Also, I may be offline for a couple of minutes.
Customer: replied 1 year ago.
How much will a lawyer cost me, and where do I start to find a good one?
Expert:  Dwayne B. replied 1 year ago.
That can vary tremendously. Some lawyers charge a %, usually 40% in Texas, some charge by the hour and some do a combination of the two. However, if it is a breach of contract case then you can also sue to recover your attorney's fees as well.
Expert:  Dwayne B. replied 1 year ago.
As far as where to dine one, start at www.lawyers.com and look under the areas of practice of civil litigation or civil trial law.