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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19956
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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Is there a status of limitations on Energy companies requesting

Customer Question

Is there a status of limitations on Energy companies requesting overpayment of paid royalties?
Submitted: 1 year ago.
Category: Legal
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the question, however, I will need to know what State the royalty contract was for.
Customer: replied 1 year ago.
Texas.
Customer: replied 1 year ago.
The state the wells I have royalties on are in Texas
Expert:  Marsha411JD replied 1 year ago.
Thank you for that information. There is a 4 year SOL on written contracts, which is what a royalty agreement would be. This assumes it was written to where the laws of Texas controlled controversies.
Customer: replied 1 year ago.
I am still waiting for your phone call, it has been 25 min...
Expert:  Marsha411JD replied 1 year ago.
When I took this question there was no phone call requested. Because of Bar Association ethic issues, I, like most of my peers do not provide this service. I am willing to continue to work with you online, although I have answered your initial question, which is what I agreed to answer. But again, if there is something unclear in what I said,you can ask in a follow up question.
Customer: replied 1 year ago.
Could you explain a 4 year SOL on written contracts? and explain "where written where Texas Controlled Controversies?
Expert:  Marsha411JD replied 1 year ago.
Sure, I will. If your royalty agreement was in writing, or even if it was oral, it is a contract. Texas contracts have a 4 year SOL, which is what you asked. That means that the party that might want to file suit under the contract for a breach has 4 years from the breach to file suit. So, if, for example, you were overpaid over 4 years ago, then generally speaking there would be no right to sue for that particular overpayment. The law is not quite that straightforward in all cases as different events trigger the SOL and only a court can make the final determination. If there is a conflict about whether you owe these people money, you really need to take your agreement to a local attorney who can interview you as to the facts and review the agreement and provide you a legal opinion. As for the latter question, the agreement will usually say what state law governs the terms of the contract. If it doesn't, then it would be Texas if that is where the property is.
Expert:  Marsha411JD replied 1 year ago.
Hello again, I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answer that I provided to you on the 21st. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/ Thank you.