Texas Small Claims Cases

Breach of Contract

 

A breach of contract case can be filed in Texas small claims courts.  Texas law allows for people to form a contract either verbally or in writing.  There are some instances where a verbal contract is not binding, however.

To successfully sue on a breach of contract claim, you must first show that there is a valid and enforceable contract. Once you show that a contract exists, you must then prove that YOU performed your end of the bargain.  Next, you must show the court that the other party breached the contract or did NOT performed their end of the bargain.  Lastly, you have to prove, with evidence, that you were damaged.  Just remember that you cannot just walk into court and ask to be given the maximum amount of $20,000.00 – you have to present a specific monetary amount and must back it up with trustworthy testimony or documentary evidence.

Types of breach of contract cases:

  • non-payment of loan
  • failure to pay a promissory note
  • settlement agreement breached
  • partnership agreement breached
  • delivery of defective goods
  • purchase agreement breached

 

 

TIPS

Though no outcome is guaranteed when you put your case in the hands of a judge or jury, following these tips will help you present your case in the best possible way:

  • Present/offer the original or a copy of the ENTIRE contract that is signed/executed by all parties involved.
  • If you have an oral contract, you need to present oral testimony of how the contract was formed, agreed up, and breached.  If you have additional witnesses who saw or heard or can vouch for the contract, bring them to court and have them testify as well.
  • Clearly define and offer evidence of how the breach of contract actually caused you damages.  Just saying “I was damaged” is not good enough.