Form 14-7

This petition should be used if the claim is based on a promissory note, whether secured or not. If the creditor has repossessed the collateral through self-help and suit is for a deficiency after application of the proceeds, the petition at form 14-9 in this chapter should be used. If payment of the note has been guaranteed, the attorney should consider using the petition at form 14-11. The action on a note is dis­cussed at section 14.25, and foreclosure of a security interest is discussed at sections 14.27 and 14.28. See also section 14.2 regarding exercising caution in pleading conditions precedent.

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 Note

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.Note [and Security Agreement].      Attached to this petition as Exhibit [exhibit number/letter] is a copy of a note executed by Defendant. Plaintiff is the owner and holder of this note and is entitled to receive all money due under its terms. [Include if applicable: Plain­tiff is a holder in due course.] The note is incorporated in this petition by reference.

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

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 promissory note].

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 note;

c.Plaintiff be granted judgment for accrued and unpaid interest due on the note;

d.Plaintiff be granted judgment for postjudgment interest 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]