Any business owner knows that contracts are an essential part of doing business on a daily basis. Most people tend to think of contracts as written documents signed by all parties to the contract, and a lot of contracts are like that. However, contracts can also be verbal agreements, and sometimes contracts can even be implied by interactions between parties in a recurring course of business.
Your business becomes a party to a contract any time it hires an employee, leases space with a commercial landlord, places an order with a vendor, sells a product to a customer, makes a banking transaction, acquires another business, provides a service for a fee . . . the list goes on. Because contracts are so ubiquitous and important to ongoing operations of a business, it is a significant problem when another party to a contract fails to meet its obligations under the contract, or in legal terminology, breaches the contract.
If a party has breached a contract with your business, it is important to consult with an experienced business lawyer. In some cases, the right attorney can help your business and the breaching party work out a solution without resorting to litigation. This may be crafting a pre-litigation settlement or amending the contract to something that both parties can manage, some combination of the above, or something different altogether. In other cases, pursuing a breach of contract claim against the other party in court is the best course of action for your business. Texas contract law allows for a successful litigant to recover attorneys’ fees in a breach of contract case.
Enforcement of Judgments
It can be very frustrating when you have won a judgment against another party, such as an award for money damages, and after going through all of that, the losing party refuses to pay. Fortunately, Texas law allows for a few different methods of enforcing judgments, whether the judgments were rendered in Texas or in another state.
One such method is to seek a writ of execution to authorize the sheriff or constable to levy upon the debtor’s non-exempt property and sell it in a foreclosure sale. Another method is to obtain a writ of garnishment. Sometimes a court will appoint a receiver or enter a turnover order.
Our civil litigation attorneys are experienced in many methods of enforcing judgments. If you have successfully sued another party, you deserve to have that judgment enforced and collect what is owed to you.
Other Civil and Corporate Litigation
This firm also handles other business, real estate, and commercial litigation matters including:
- Breach of Fiduciary Duty
- Business Disparagement
- Commercial Landlord/Tenant Disputes
- Deceptive Trade Practices
- Municipal Liens on Real Property
- Negligent Misrepresentation
- Partnership disputes
- Premises Liability
- Shareholder disputes