Legal Question in Business Law in Texas

Money Taken But No Product Given

I work on the side for a High Performance Race shop, they owed me 1k in labor, and I paid them 3.5k in wire transvire from my bank for a supercharger..

This was 2 mounths ago, I was told it would take 2 weeks, I call the Supercharger company and ask abut the kit, and they inform me it was not orderd.. They the company admitited in a text that they used my funds to flot there exspenss..

They cant afford to give me my money back, What can I do?? Thanks


Asked on 6/25/09, 4:04 pm

2 Answers from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

Re: Money Taken But No Product Given

Prepare to file a case against them under the Texas Deceptive Trade Practices Act. You have a deal that is covered by contract law, hence, you are entitled to recover your attorney fees if you win the case. Also, the action by this organization was not simply negligent but, rather, on purpose. This would entitle you to recover 3X the amount they owe you. In any event, this is how I would handle it. Hope this helps a little.

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Answered on 6/25/09, 4:32 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Money Taken But No Product Given

Based on what you have written, it appears that you have a breach of contract. Within this breach, it appears that the company did this act intentionally and therefore under the Deceptive Trade Practices Act (DTPA), you should be entitled to recover treble damages. The breach of contract will allow for you to recover attorneys fees. If my law firm can assist you with this legal issue or any other legal matter, please contact my office at [email protected] to arrange for a consultation.

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Answered on 6/25/09, 4:50 pm


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