You can put a lien on her place business or the property you worked on as I understand it.( I'm guessing you'd probably get her share of the commission. ) That's how contractors and others do it when folks don't wanna pay for services rendered. Realtors can be sly dogs so make sure you're pinning the lien on the right person.
I won't go near a realtor that I don't get at least 5 recommendations on for buying/selling but I guess it would be hard to be that picky for landscaping etc... PJ

I am not an attorney & the following is not intended to be legal advice.

What is she going to sue you for?

It sounds to me like the shoe is on the other foot:

landscapers, carpet installers, brick layers, & plumbers can put a mechanics & materialman's lien on property if the owner doesn't pay them.

& I *think* you can sue to get a judgment which can be attached to any real property she owns other than her homestead.

don't think her license is vulnerable;
this isn't about bad real estate practice, it's just somebody who hasn't paid her landscapers.

Again, I am not an attorney, & this is not intended to be used as legal advice.

Assuming that the work was:

1. spelled out on a signed work order
2. performed according to the work order
3. billed for the agreed fee

Then the client is liable for the work billed. That doesn't mean you might not have to take them to court, to collect, either small claims if the amount owed is small enough, or district court if the amount exceeds the small claims limitation.

Her threat to sue you, is more about justifying her refusal to pay, with a claim of non-performance, for what was ordered.

If the paper work is in order, then you should have no problem suing her instead.

Realize that the burden of proof, of performance, is going to be on you, either way.

Going to court is rarely a winning situation, as most of the time, legal fees, and in some cases, court costs, can be assessed to you, even if you win the case. That comes out of whatever judgment you receive, and you still have the burden of having the judgment enforced for value, which means they must have something tangible you can seize, even after the waiting period for enforcing the judgment.

The justice system protects the criminal. Make no mistake about it.

Yes, this is about what I thought. Thanks for the advice. This looks like a case of a person who just likes get out of things by being loud and obnoxious and threatening to sue. I was just hoping that there might be another facet in that she is a Realtor and it might be something to hold over her head to make her act right. Contract was signed, half was paid, work was done, now she's threatening to sue. For what, I don't know. Just being a jerk, as far as I can tell thusfar. Called, said, "Quit calling here, I'm going to sue you." and hung up.

There's one in every two or three people, far as I can tell.

Thanks anyway, ya'll!

Julie,

Everyone always wants to "sue"! Most people don't have any idea how trying a suit can be regardless of the amount. Rick points that out in his reply.

Having worked in the legal field for 35+ years, I suggest that you try calling a civil lawyer and asking for some advice. Most will give you some information and whether you have grounds for a suit. Some might charge a consulation fee while others won't. Get a referral from someone you trust.

Rick,

And between 5 and 10 K will not qualifty for small claims court.

The justice system protects the criminal. Make no mistake about it.

Not to start a fight, but I disagree with your comment. I believe that too many people listen to what the media tells us, and we fail to do the needed research to make our own decisions.

This is info-only since the post mentions realtors & licenses -- you can check a realtor's license status, how long they've been licensed, what courses they have taken & who they work for by going to http://www.trec.state.tx.us/. TREC is the body that licenses Texas realtors.

I don't see how a real estate license comes into it.

I don't think you can "go after" a real estate broker's license, or get the Texas Real Estate Commission to intervene for you, because you think she owes you money for something *not* directly involved with the practice of real estate.

just like you couldn't "go after" a doctor's license because he/she didn't pay you for cleaning the carpets, or an attorney's license because he/she didn't pay you for working on a car, nor could you get their governing boards to intervene for you.

The only time I've ever heard of the commission taking notice of such things is when there's a criminal conviction, & I don't even know if just any old criminal conviction will interest them.

It might have to be something involved with handling other people's money or some such.

Thanks for the info, everyone.

When I see someone get 7 mos. for murder, I have to say I think my comment is justified.