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CANADIAN COUNTY • CJ-2020-144

Cavin Wrecker Service, LLC v. Texas Fueling Services, Inc.

Filed: Feb 21, 2020
Type: CJ

What's This Case About?

Let’s cut straight to the chase: a tow truck company in Oklahoma is suing a Texas-based fuel delivery business for $40,000 over unpaid towing bills — not for one job, not for ten, but for a whole summer’s worth of hauling around what we can only assume were very heavy, very stubborn fuel trucks. That’s not just a bill — that’s a down payment on a small house, a luxury sports car, or at least a very impressive fleet of novelty air fresheners. And yet, here we are, in Canadian County District Court, where the drama isn’t about cheating spouses or stolen heirlooms, but about who’s going to foot the bill for all those roadside rescues when no one bothered to swipe the credit card.

On one side of this very specific, very expensive tug-of-war: Cavin Wrecker Service, LLC, a tow company based right there in Canadian County, Oklahoma. These are the folks who show up in the middle of the night when your semi is jackknifed on I-40, or your fuel tanker decides to take an unplanned nap in a ditch. They’re the roadside paramedics of the trucking world — lights flashing, winches whirring, ready to yank your multi-ton mistake back onto the asphalt. And they don’t do it for free. On the other side: Texas Fueling Services, Inc., a Houston-based corporation that, as the name suggests, probably spends its days delivering fuel — diesel, gasoline, maybe even jet juice — across state lines. And apparently, also spending its days not paying invoices.

Now, you’d think there’d be some dramatic accident, some fiery crash, some reason this bill ballooned into the tens of thousands. But no. According to the filing, this isn’t about one catastrophic incident. It’s about a pattern. From June through August of 2019 — that’s three full months of summer, peak travel season, when roads are packed and trucks are pushing their limits — Cavin Wrecker Service responded to multiple calls involving Texas Fueling’s vehicles. We don’t know exactly how many, or where, or whether these were mechanical failures, rollovers, or just drivers who really, really misjudged a curve. But we do know this: every time the wrecker rolled, every time the hydraulic arms lifted, every mile towed — Cavin sent an invoice. And every time, those invoices were met with the financial equivalent of ghosting.

Over $40,000 worth of ghosting.

Let that sink in. This isn’t a case of “oops, I forgot to pay the bill.” This is a systematic refusal to pay, despite being “put on proper demand on several occasions.” That legal phrasing is lawyer-speak for: “We called. We emailed. We probably sent a strongly worded letter with underlined deadlines. We may have even shown up at your office with a clipboard and a disappointed look. And you still did nothing.” At some point, it stops being an oversight and starts looking like a strategy. Maybe Texas Fueling thought, “Hey, if we ignore them long enough, they’ll go away”? Or maybe they’re playing hardball, banking on the fact that small businesses often can’t afford to sue — let alone fight a legal battle against an out-of-state corporation with deeper pockets.

But Cavin Wrecker Service wasn’t having it. They hired Miller & Johnson, PLLC — a real law firm with real letterhead and real attorneys named Brad Miller and Jami Rhoades Antonisse — and filed a petition in Canadian County District Court. The claim? An “open account for labor and services rendered.” In plain English: “We did the work, you got the benefit, and now you owe us the money.” It’s one of the most straightforward claims in civil court — basically the legal version of “you broke it, you bought it,” except instead of a vase at a wedding, it’s a fleet of fuel trucks being pulled out of ditches across Oklahoma.

And let’s talk about that $40,000. Is it a lot? Well, for a tow bill? Absolutely. Most people panic when their personal car gets towed and they’re hit with a $200 charge. $40,000 is the kind of number you see when a cruise ship runs aground, not when a semi gets stuck on a gravel shoulder. But when you’re talking about commercial towing — big rigs, heavy equipment, after-hours emergency calls, specialized crews — the costs add up fast. One major recovery can run into the thousands. Do that a dozen times over a summer, and suddenly $40k doesn’t seem unreasonable. It just seems like math. The real question isn’t whether the amount is high — it’s why Texas Fueling thought they could just… not pay it. Did they dispute the charges? The filing doesn’t say. Did they claim the services weren’t authorized? Nope. Did they argue the work was subpar? Not a word. They just… didn’t pay. Like a dinner guest who eats a seven-course meal and then sneaks out the bathroom window.

Cavin Wrecker Service isn’t just asking for the $40,000. They’re also demanding interest, court costs, and both past and future attorney fees. That’s standard in these kinds of cases — courts often tack on extras to discourage companies from treating invoices like optional suggestions. And get this: they’ve demanded a jury trial. That’s right. Somewhere in Canadian County, twelve good citizens might soon be asked to decide not whether someone committed murder, or stole a fortune, but whether a Texas fuel company stiffed a tow truck outfit for summer-long roadside assistance. Imagine the voir dire: “Can you remain impartial in a case involving commercial towing invoices?” “Do you have strong feelings about the ethics of unpaid labor?” “Have you ever been towed? How did it make you feel?”

Now, here’s our take: the most absurd part isn’t the money. It’s the sheer audacity of the non-payment. This isn’t a case of misunderstanding or miscommunication. It’s not like Cavin Wrecker showed up uninvited and started winching trucks for fun. These were services rendered — presumably at the request of Texas Fueling or their drivers — and they benefited directly from them. Their trucks got back on the road. Their deliveries (probably) happened. Their operations continued. And yet, they treated the tow company like an ATM with no consequences.

We’re rooting for the tow truck guys. Not because they’re underdogs — though they kinda are — but because this is about basic business decency. If you call a plumber, you pay the bill. If you order catering, you don’t just vanish after the cake is served. And if you need a 20-ton fuel tanker pulled out of a mud pit at 2 a.m., you don’t pretend the tow company doesn’t exist when the invoice arrives. Cavin Wrecker Service didn’t cause the breakdowns. They didn’t overcharge (as far as we know). They just showed up, did the dirty, dangerous work nobody else wants to do, and expected to get paid. That’s not greed. That’s capitalism 101.

So while this case may not have blood, it does have stakes — financial ones. And if Texas Fueling thinks they can run up a $40,000 tab and vanish like a mirage on I-35, they’ve got another thing coming. Because in the wild world of civil court, even the smallest disputes can turn into full-blown showdowns. And sometimes, justice doesn’t come with handcuffs — it comes with a subpoena… and a really big tow bill.

Case Overview

$40,000 Demand Jury Trial Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$40,000 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 open account for labor and services rendered Plaintiff seeks recovery for labor and services rendered, interest, costs, and attorney fees.

Petition Text

283 words
IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA CAVIN WRECKER SERVICE, LLC Plaintiff, v. TEXAS FUELING SERVICES, INC., Defendant. Case No. CJ 2020 144 CASE ASSIGNED TO: JUDGE: JACK D. MCCURDY H PETITION COMES NOW Plaintiff Cavin Wrecker Service, LLC and for its causes of action against Defendant Texas Fueling Services, Inc. alleges and states: JURISDICTION AND VENUE 1. Plaintiff Cavin Wrecker Service, LLC is an Oklahoma limited liability company doing business in Canadian County, Oklahoma. 2. Defendant Texas Fueling Services, Inc. is a Texas corporation headquartered in Houston and doing business in the State of Oklahoma. 3. This matter is for recovery on an open account for labor and services rendered by Plaintiff to the benefit of Defendant in various locations in Oklahoma. 4. Jurisdiction and venue are proper in this Court. 5. Plaintiff provided tow services to Defendant in June, July, and August of 2019. 6. Plaintiff invoiced Defendant for these towing services totaling over $40,000.00, exclusive of interest, attorney fees and costs. 7. Defendant has refused to pay any of the charges detailed above despite being put on proper demand on several occasions. 8. Plaintiff seeks recovery for labor and services rendered, interest, costs, along with both past and future attorney fees related to these collection efforts. WHEREFORE, Plaintiff prays for judgment on its causes of action against the Defendant in a sum not less than the full damages accrued, as set forth above, along with reasonable attorney fees, costs, and any such further relief as the court deems just and proper. MILLER & JOHNSON, PLLC By: ________________________________ Brad Miller, OBA #11437 Jami Rhoades Antonisse, OBA #20612 1221 N. Francis Ave., Suite B Oklahoma City, OK 73106 Telephone: (405) 896-4388 Fax: (405) 609-2995 [email protected] [email protected] Attorneys for Plaintiff Attorney Lien Claimed Jury Trial Demanded
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.