Someone owes me (my company) $300 for a rental space that they used on November 21st and 22nd. I have only sent this person one invoice in January and asked them to pay the debt. This past week I sent this person two text messages and they filed harassment charges against me and now I am unable to contact them, even on behalf of my company apparently. Has she now forced me to obtain a lawyer to collect on this small debt? Can you file harassment charges for 2 text messages? I know most would tell me to let this go, but she has manipulated me out of money numerous times and I don't want to let this one slide. Any help would be appreciated.
If you received a TRO or a Temporary Injunction, and it orders you not to contact her, then apparently you can file a harassment charge over 2 text messages. Either that, or she exaggerated what was actually happening to the Judge. You are going to need to retain an attorney either way, because the TRO or Injunction that she obtained is within a lawsuit against you, it has to be under the Texas Rules of Civil Procedure. So, you will need to counter-claim for the debt and because it is based on a contract, you can also recover attorney's fees and costs under section 38 of the Texas Civil Practices and Remedies Code. So, hire an attorney asap, counter-claim against her for the debt, and collect attorney's fees and costs too, which will mean she'll end up being liable for a lot more than just $300.
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You need an attorney.
They will need to fight the no contact Order and collect on the debt. If you are successful, you can petition the Court for not only what you are owed but your attorneys fees and costs as well.
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I think a lot will depend on what you said in those two text messages. Obviously, someone allowed her to do so if you have "harassment charges" against you. However, that does not mean that she will ultimately prevail in court. If she actually filed "harassment charges" against you, you will have your day in court so be sure you show up to any hearings. You should obtain an attorney
What proof do you have of a TRO or criminal charges being filed? This may be a lie.
If she is lying about that having happened, you're likely going to spend more than $300 on a lawyer to possibly get a judgment that is as valuable as the piece of paper it is printed on.
You should call a few lawyers to see what they would charge to help with a collections case. You can also check the local Justice of the Peace court to look into filing a lawsuit yourself (and how much the filing fee is).
You may come to the conclusion that the best thing for you to do is stop doing business with this person and write the $300 off as a lesson learned.
If you receive advertisements or a letter in the mail telling you that you have been sued or charged, you should contact a lawyer immediately.
My answer to this question is for general purposes only and does not establish an attorney-client relationship and is not legal advice. You should contact an attorney directly for legal advice. We are a debt relief agency and we help people file for relief under the Bankruptcy Code as well as resolve other debt issues.
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