Legal Question in Business Law in Texas

We would like to know what our ground is on a particular issue. We are a dental office that used a lab in 2006 to create crowns. This lab is in California and our office is in Texas. No contracts were signed to do business with them. They failed to do a acceptable job on the work they did for us and could not do it in a timely manner. We refused to pay them. It was not over just one lab case, but several lab cases they did for us. Now they have a man calling us non stop, who is very rude and is threatening to take us to court over the delenquent charges. We would like to know if we should respond to this man or if they have any right to take us to court over such an issue. We informed this lab that we were not going to pay for their faulty work, and the collection agency they tried to send us to. Please let us know.


Asked on 5/20/10, 12:34 pm

2 Answers from Attorneys

You could have an attorney discuss the matter with them and write a letter, possibly a cease and desist. If the statue of limitations has run then you have another issue to discuss with them.

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Answered on 5/25/10, 11:26 am
Charles Williamson Charles J. Williamson, Attorney At Law

The next time the collector calls, ask him for the appropriate address to which to mail a letter about the matter. Point: If you write a letter (send it CMRRR) they have to stop calling you under the law. If he refuses to give you the address, ask for his full name so that you can report him and his company to the appropriate authorities. If they continue to call, threaten to file suit under the Fair Credit Act for treble the amount he is seeking to collect from you. If he threatens to take you to court, tell him to "be my guest," since you are not at fault.

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Answered on 5/25/10, 2:58 pm


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