Form 14-3

This petition may be used for a suit on a debt based on a written contract, whether secured or not. Other forms in this chapter are better suited to other kinds of contracts; for examples, see forms 14-1 (sworn account), 14-7 (note), and 14-8 (lease of personal property). Because this form cannot fit every possible agreement giving rise to a debt, the attorney should take care to modify it to fit the facts. The action on a written contract is discussed at section 14.22. See section 14.2 regarding exercising caution in pleading conditions precedent.

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 Written Contract

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.      Attached to this petition as Exhibit [exhibit number/letter] is a copy of an agreement executed by Plaintiff and Defendant. The agreement is incorporated in this petition by reference. Plaintiff has fully complied with the agreement.

To secure the debt created by the agreement, 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.Default.      Defendant defaulted in paying the debt. [Include if applicable: Plaintiff has accelerated the debt according to the terms of the agreement.] There is currently due the sum of $[amount], plus accrued interest as provided for in the agreement.

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 contract.

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 agreement;

c.Plaintiff be granted judgment for accrued and unpaid interest on the debt before maturity;

d.Plaintiff be granted judgment for prejudgment and postjudgment interest on the matured, unpaid debt at the highest legal or contractual rate allowed by law;

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

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

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

            [g./h.] 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]