This form contains sample allegations relating to venue situations frequently encountered in collections litigation. For a discussion of the response to motion to transfer venue, see section 15.17:1 in this chapter. Venue is discussed generally in part II. in this chapter.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Plaintiff’s Response to Motion to Transfer Venue
1.Parties. [Name of plaintiff], Plaintiff, files this Response to Motion to Transfer Venue filed herein by [name of defendant], Defendant, and as grounds would show the Court the following:
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Paragraph 2. is an example only; the actual allegations must be drafted to fit the fact situation. |
2.Facts. This action is based on a written contract between Plaintiff and Defendant. Under its express terms, [add the specific contractual terms that fix venue in a specific county, e.g., Defendant was obligated to pay $5,000 to Plaintiff in Austin, Travis County, Texas, on June 17, 2018]. Defendant defaulted on the obligation, as alleged in Plaintiff’s original petition on file in this cause. The petition is adopted and incorporated by reference into this response. The allegations in the petition are true and correct.
3.Denials. Plaintiff denies that this suit is not filed in the proper county. Plaintiff further denies that [mandatory/permissive] venue of this action is set in [county named by the defendant] County by [statutory authority cited by the defendant]. [Continue with specific denials of venue facts asserted by the defendant in his motion to transfer venue.]
4.Venue Facts. [Set out venue facts that are specifically denied by the defendant in his motion to transfer venue and that are to be established by prima facie proof through the affidavits and attachments attached to this motion.]
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Continue with the following. |
Because of the foregoing facts, venue in this cause is proper in [county] County, Texas, pursuant to [statutory authority, e.g., section 15.035 of the Texas Civil Practice and Remedies Code].
5.Prayer. Plaintiff prays that Defendant’s Motion to Transfer Venue be in all things overruled and that 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]