True-Fit Roofing and General Construction David Lewis Non Payment Ft. Worth Texas

 True Fit owner David Lewis and his agents and/or employees contracted with my company MGS Roofing Systems, Inc.  We have completed several jobs for David and his company.  We have contacted David several times for non payment, he owes a balance of over $26K.  There is total of 5 homes that our company has labored to install new roofs on behalf of David Lewis and his company.  We have talked and texted back and forth in the last few months, we did receive a payment of $1000.00 towards his balance but came back insuffient.  To this day, when we call him or text me, we get no answer.  We will persue to take him to small claims court to try to collect what is owed. 

HOMEOWNERS BEWARE OF THIS COMPANY AND DAVID LEWIS.  MAKE SURE YOU GET ALL OF THE SUB-CONTRACTORS THAT PERFORM WORK ON YOUR HOUSE TO SIGN A RELEASE THAT THEY HAVE BEEN PAID IN FULL BEFORE YOU RELEASE PAYMENT TO THIS MAN AND HIS COMPANY or better yet use someone else there are plenty of general contractors out there that do quality work and pay their bills timely.   Based on the conduct of David Lewis personally and as owner ad representative of True Fit not only is this a breach of contract but it appears this falls under Theft of Services, but I'm not an attorney, its a shame our attorney general and local prosecutors allow this to go on in our communities as they are to busy to be bothered with these type of matters. § 31.04. THEFT OF SERVICE. 

(a) A person commits theft of  service if, with intent to avoid payment for service that he knows  is provided only for compensation: (1)  he intentionally or knowingly secures performance  of the service by deception, threat, or false token; (2)  having control over the disposition of services of  another to which he is not entitled, he intentionally or knowingly  diverts the other's services to his own benefit or to the benefit of  another not entitled to them; (3)  having control of personal property under a  written rental agreement, he holds the property beyond the  expiration of the rental period without the effective consent of  the owner of the property, thereby depriving the owner of the  property of its use in further rentals;  or (4)  he intentionally or knowingly secures the  performance of the service by agreeing to provide compensation and,  after the service is rendered, fails to make payment after  receiving notice demanding payment.

(b)  For purposes of this section, intent to avoid payment is  presumed if:   (1)  the actor absconded without paying for the service  or expressly refused to pay for the service in circumstances where  payment is ordinarily made immediately upon rendering of the  service, as in hotels, campgrounds, recreational vehicle parks,  restaurants, and comparable establishments; (2)  the actor failed to make payment under a service  agreement within 10 days after receiving notice demanding payment; (3)  the actor returns property held under a rental  agreement after the expiration of the rental agreement and fails to  pay the applicable rental charge for the property within 10 days  after the date on which the actor received notice demanding  payment;  or (4)  the actor failed to return the property held under  a rental agreement:

(A)  within five days after receiving notice  demanding return, if the property is valued at less than $1,500;  or (B)  within three days after receiving notice  demanding return, if the property is valued at $1,500 or more. (c)  For purposes of Subsections (a)(4), (b)(2), and (b)(4),  notice shall be notice in writing, sent by registered or certified  mail with return receipt requested or by telegram with report of  delivery requested, and addressed to the actor at his address shown  on the rental agreement or service agreement. (d)  If written notice is given in accordance with Subsection  (c), it is presumed that the notice was received no later than five  days after it was sent. (e)  An offense under this section is:                                        

(1)  a Class C misdemeanor if the value of the service  stolen is less than $20; (2)  a Class B misdemeanor if the value of the service  stolen is $20 or more but less than $500; (3)  a Class A misdemeanor if the value of the service  stolen is $500 or more but less than $1,500; (4)  a state jail felony if the value of the service  stolen is $1,500 or more but less than $20,000; (5)  a felony of the third degree if the value of the  service stolen is $20,000 or more but less than $100,000; (6)  a felony of the second degree if the value of the  service stolen is $100,000 or more but less than $200,000;  or

(7)  a felony of the first degree if the value of the  service stolen is $200,000 or more. (f)  Notwithstanding any other provision of this code, any  police or other report of stolen vehicles by a political  subdivision of this state shall include on the report any rental  vehicles whose renters have been shown to such reporting agency to  be in violation of Subsection (b)(2) and shall indicate that the  renting agency has complied with the notice requirements demanding  return as provided in this section. (g)  It is a defense to prosecution under this section that:                  

(1)  the defendant secured the performance of the  service by giving a post-dated check or similar sight order to the  person performing the service;  and (2)  the person performing the service or any other  person presented the check or sight order for payment before the  date on the check or sight order.