Form 14-1

For discussion of the action on a sworn account, see section 14.21 in this chapter. See section 14.2 regarding exercising caution in pleading conditions precedent.

A suit on a sworn account is the simplest method for reducing an appropriate claim to judgment. It should be used for any retail or commercial claim, whether secured or not, if the transaction can be adequately substantiated and if (1) the claim is based on a sale of goods by which title to personal property passed or on the furnishing of personal services, labor, or materials; and (2) a systematic record of the transaction was kept. The account must be supported by an affidavit; see form 14-2. If the substantiation of the transaction will not satisfy the evidentiary standards for a sworn account, another form petition in this chapter, such as the petition for suit on a written contract at form 14-3, should be used.

The attorney may wish to consider filing a petition containing multiple causes of action, including breach of contract (see forms 14-3 and 14-4) and quantum meruit.

Caveat: In computing the balance due the plaintiff, do not include any interest that may have been posted to the account.

Texas Civil Practice and Remedies Code section 30.014(a) requires certain parties to include partial identification information in initial pleadings in civil actions filed in district, county, or statutory county courts. A court may order that an initial pleading be amended to contain this information if the court determines that the pleading does not contain the information. Tex. Civ. Prac. & Rem. Code § 30.014(b).

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Petition for Suit on Sworn Account

1.Discovery Level.      The damages sought are within the jurisdictional limits of this Court. Tex. R. Civ. P. 47(b). This lawsuit seeks only monetary relief aggregating $100,000 or less. Tex. R. Civ. P. 47(c)(1). Discovery is intended to be conducted under Level 1. Tex. R. Civ. P. 190.2.

2.Parties.      Plaintiff is [name of plaintiff]. [The last three numbers of Plaintiff’s driver’s license number are [numbers]./Plaintiff has not been issued a driver’s license.] [The last three numbers of Plaintiff’s Social Security number are [numbers]./Plaintiff has not been issued a Social Security number.] Plaintiff’s address is [address, city, state]. Defendant is [name of defendant], who can be served with citation at [address, city, state].

3.Facts.      In the usual course of business, Plaintiff sold to Defendant one or more items of goods, wares, merchandise, or services, as shown on the attached statement of account. Defendant accepted each item and became bound to pay Plaintiff the designated price, which is a reasonable, usual, and customary price for such an item. The statement of account is attached as Exhibit [exhibit number/letter] and incorporated by reference. This account represents a transaction or series of transactions for which a systematic record has been kept.

To secure the debt created by the note, Defendant executed a security agreement grant­ing Plaintiff a security interest in [describe collateral explicitly]. The security agreement is attached as Exhibit [exhibit number/letter] and incorporated by reference.

4.Debt.      Defendant has defaulted by failing to make payments on the account. The principal balance due Plaintiff on the account is $[amount] after all just and lawful offsets, payments, and credits have been allowed, as shown on Exhibit [exhibit number/letter]. Plain­tiff has demanded that Defendant pay this amount, but Defendant has not done so.

5.Conditions Precedent.      All conditions precedent have been performed or have occurred.

6.Attorney’s Fees.      Defendant’s default has made it necessary for Plaintiff to employ the undersigned attorney to file suit.

This claim was timely presented to Defendant and remains unpaid.

Defendant agreed to pay reasonable attorney’s fees according to the terms of the [describe contract, credit application, etc.].

Reasonable fees for the attorney’s services rendered and to be rendered through trial and appeal are no less than $[amount].

7.Prayer.      Plaintiff prays that—

a.Defendant be cited to appear and answer;

b.Plaintiff be granted judgment for $[amount] as the principal amount due on the account;

c.Plaintiff be granted judgment for prejudgment and postjudgment interest at the highest legal or contractual rate allowed by law;

d.Plaintiff be granted judgment for at least $[amount] as reasonable attorney’s fees, with additional contingent amounts in the event of appellate proceed­ings;

e.Plaintiff be granted judgment for all costs of court; [;/; and]

f.Plaintiff be granted foreclosure of Plaintiff’s security interest in the collateral; and

            [f./g.] Plaintiff be granted all further relief to which Plaintiff may be entitled.

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]