I’ve been handling North Texas Tollway Authority tickets for years now. These are criminal penalties that are Class C Misdemeanors where the NTTA refers someone who is past due on their NTTA or ZipCash account to the Texas Department of Public Safety for a citation to be issued for Failure to Pay Toll. If this is the current situation you find yourself in, you can find more information on how I handle that here.
But, in recent years, the NTTA is now up to something new. They are filing civil lawsuits against private citizens and small business owners seeking tens and sometimes hundreds of thousands of dollars in each case. In 2023, the North Texas Tollway Authority initiated 30 civil lawsuits in Collin County seeking more than 3.4 million dollars. At the time of writing this article in July of 2024, the NTTA has already filed 32 civil suits in Collin County. So, they seem to be ramping up their efforts.
How is the NTTA Legally Allowed to File Civil Lawsuits?
The causes of action the NTTA are alleging in their civil suits are Suit on Sworn Account, Breach of Contract, and Quantum Meruit. Additionally, they’re seeking attorney’s fees based on those causes of action under the Texas Civil Practice and Remedies Code, Section 38.001(b).
In order to bring these lawsuits, the NTTA is relying upon Texas Transportation Code, Section 366.178(a) which says, “A motor vehicle other than an authorized emergency vehicle…that passes through a toll assessment facility, whether driven or towed, shall pay the proper toll.” Additionally, the NTTA states that if you travel through a toll point on one of their roads, you are automatically bound by their ZipCash Agreement to pay the designated charges and fees they have set out…which they argue are reasonable, usual, and customary for toll road services. Finally, the NTTA has their custodian of records complete and file a sworn affidavit with the court alleging the supposed toll services they provided to you, the dates of the toll transactions, and the costs associated with each occurrence.
Where the Problem Lies
In many of these civil suits brought by the NTTA against Texas citizens and small businesses, I’m finding that some of the alleged vehicles and amounts owed that they include in their accounting are not accurate. The vehicles and amounts owed are often times from former business partners, family members who have no relation to the business whatsoever, or vehicles that were sold or put out of service years ago. These issues and more are all things that need to be thoroughly investigated.
What is the Worst Thing You Can Do if You’re Being Sued by the NTTA?
Nothing. If you do nothing, the NTTA will have their attorneys seek a default judgment against you, which is very easy to obtain if you do not respond to the lawsuit they have filed against you. Once a default judgment is granted, it essentially means that everything that the NTTA has alleged in their lawsuit is taken as factual and true. You’re left on the hook for everything. So, if you’ve been served with court documents notifying you that you’re being sued by the NTTA, I invite you to call or text me at (972) 372-4054 or email me to see what your options are!