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SOUTHEAST TEXAS RECORD

Wednesday, May 8, 2024

Contractor refuses to return extra payment made by customer's bank in error, suit claims

Lawsuits
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HOUSTON — A man alleges a contractor refuses to return a double payment his bank made by mistake. 

Michael Nelson filed a complaint Feb. 5 in Harris County District Court against V3 Custom Designs LLC alleging violation of the Texas Theft Liability Act, unjust enrichment and breach of contract. 

Nelson alleges in his suit that he hired V3 Custom Designs for a "cut project" on his lot on Trail Pass Drive in Caynon Lake for a contract price of $18,500. He claims on March 11, 2021, he wired V3 Custom Designs $9,250 as an initial deposit with his bank mistakenly sending a duplicate wiring the following day. 

Nelson alleges that V3 Custom Designs was in possession of $18,500 and agreed to refund his money but has now refused to return his funds despite his repeated requests. 

Among Nelson's claims against Ve Custom Designs is their violation of the Texas Theft Liability Act for unlawful appropriation of his funds, unjust enrichment and  breach of contract for failing to perform their obligations and failure to return his money. 

Nelson seeks monetary relief of $250,000 or less, interest, trial by jury and all other just relief. He is represented by Jessica Joyner of The Silberman Laws Firm PLLC in San Antonio. 

Harris County District Court case number 2022-07264

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