Legal Question in Business Law in Texas
payment of services
I was an independent contractor for a company that was suppose to pay me in commission. I made a large sale from one of my customers and received half my commission. The other half was suppose to be mailed to me in 3 months. The company messed up the order so the customer returned the order for an exchange. The company is now telling me it was my fault and refuses to send out the second half of my commission, but I disagree. What can I do to get my money? Would the company be in violation of Texas penal code chapter 31.04 for theft of service? And if they are how would I go about filing this type of claim?
2 Answers from Attorneys
Re: payment of services
Do you have a written contract with the company? Answering your question is difficult without knowing if a contract exists and, if so, what its terms are.
Re: payment of services
It's purely a civil matter, so the Penal Code would not apply. If they owe you less than $5,000, you can sue them for it in Small Claims.
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