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 debt, 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 Debt

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.      [Describe agreement, e.g., Plaintiff lent Defendant $1,000 on January 1, 2009. Defendant agreed to repay Plaintiff the entire amount on December 31, 2010, and Plain­tiff and Defendant agreed that the debt would bear interest at the rate of 10 percent per year until paid, the interest to be due and payable at maturity of the debt.]

4.Default.      Defendant defaulted in paying the debt. There is currently due the sum of $[amount], plus accrued interest as provided for in the agreement. Plaintiff has demanded that Defendant pay this debt, 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. 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.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]