On Monday, Dec. 18, The Houston Area Chamber of Commerce filed a motion to enforce an alleged settlement agreement with a total amount of $40,000 in a case filed by Patricia Miller.
The court set the hearing for 9 a.m. Feb. 7, 2024 before Circuit Judge John D. Beger.
In the motion to enforce, the chamber states that on Sept. 19, Miller’s counsel made a verbal offer to settle the litigation for a lump sum figure. Then, on Sept. 25, Miller’s counsel called the chamber’s counsel and stated that Miller was willing to accept a settlement in the amount of $40,000, with $7,500 paid in a lump sum and the remainder in monthly payments.
On Sept. 29, the chamber’s counsel called Miller’s counsel and accepted the Sept. 25 counteroffer, according to court documents filed by the chamber’s counsel. An email was then sent to memorialize the settlement agreement. The chamber’s counsel alleges that Miller’s counsel confirmed the settlement by not responding to the email to state that it was incorrect in any way.
On Oct. 23, Miller’s counsel called the chamber’s counsel to state that a $40,000 lump sum was requested for settlement. Miller’s counsel then informed the court that no agreement had been reached between the parties.
Based on these alleged interactions, the chamber’s counsel requested that the Sept. 29 agreement be enforced.
Background
In a filing made in January, Patricia Miller alleges that the Houston Area Chamber of Commerce borrowed $40,000 to pay a local business for a heating and cooling system at the chamber’s fairgrounds on North U.S. 63. She is the mother of a former director.
According to court documents, the plaintiff alleges:
•On or about Oct. 27, 2021, Miller and the chamber through its then president, Bobby Dixon, entered into a written agreement.
•On Oct. 27, 2021, Miller wrote a $40,000 check with a memo line on the check detailing “loan to chamber.” The chamber deposited it the same day.
•On Oct. 29, 2021, the chamber used $36,000 of the $40,000 funds to pay for the heating and cooling work.
•The $40,000 from Miller was to pay for the HVAC work. The funds were to be paid in full to Miller by Jan. 15, 2022. If the chamber received an insurance check from Star Insurance before Jan. 15, that sum would be paid to Miller and then the remainder would be due in full on Jan. 15, 2022.
•If for some reason the chamber did not receive the funding to pay the loan back in full, then a $350 payment would be due to Miller starting on Jan. 16, 2022, and continue each month thereafter until paid in full.
Miller has not been paid anything, the suit alleges.