Form 14-4

This petition contains fundamentals for a suit on a debt that is not supported by a signed agreement. Because oral contracts can vary greatly in the scope of their terms, special drafting will often be required for the petition, and the attorney should be careful to modify this form to fit the facts. For dis­cussion of suit on an oral contract, see section 14.23 in this chapter. See section 14.2 regarding exercis­ing caution in pleading conditions precedent.

Caveat: Do not include unearned interest.

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 Oral 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 of $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney’s fees and costs. Tex. R. Civ. P. 47(c)(1). Plaintiff intends that discovery be conducted under Level 1 and affir­matively pleads that this suit is governed by the expedited-actions process in Tex. R. Civ. P. 169. 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.      [Describe agreement, including the specific consideration to each party, e.g., Plaintiff agreed to sell Defendant a horse for $10,000. Plaintiff gave possession of the horse to Defendant, which was used and enjoyed by Defendant. However, Defendant failed to pay to Plaintiff $10,000 as orally agreed.]

4.Default.      Defendant breached the oral agreement between the parties. There is currently due the sum of $[amount]. Plaintiff has demanded the balance due on this agree­ment, but Defendant has not paid.

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. 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 amount due on the debt;

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 all further relief to which Plaintiff may be entitled.

   
[Name]
Attorney for Plaintiff
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]