Form 14-8

This form may be used for a writ on a true lease but not on a lease intended as a security agreement. This form contains alternative language for use if the debtor still has possession of the property. It also assumes that the default is based on the lessee’s nonpayment of rent. If the basis for alleging default is a contractual act of default other than failure to make a payment, the petition should be altered accord­ingly. See section 14.26 in this chapter.

Although this petition states that the plaintiff is entitled to “immediate” possession of the leased prop­erty, it does not ask for any prejudgment action such as a writ of sequestration. See sections 8.16 through 8.24 regarding sequestration.

See 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 Lease of Personal Property

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 a personal property lease executed by Plaintiff and Defendant. The lease is incorporated in this petition by reference. Under the terms of the lease, Defendant was to have possession of the leased property and was to make periodic payments to Plaintiff for use of the property. Plain­tiff delivered the property to Defendant and has performed all obligations under the lease.

4.Default.      Defendant defaulted by failing to make required payments under the lease. This default constitutes an anticipatory repudiation of the lease. [Include if applicable: Plaintiff has accelerated the debt according to the terms of the lease.] There is currently due under the lease the sum of $[amount] [include if applicable: , plus applicable charges such as taxes, official fees, and delinquency charges as provided for in the lease].

5.Conditions Precedent.      All conditions precedent have been performed or have occurred.

6.Plaintiff’s Right to Possession.      The lease provides that the leased property is and remains Plaintiff’s property and that Defendant has not acquired any right, title, or interest in it. Because of Defendant’s default, Plaintiff is entitled to immediate possession of the leased property. Alternatively, Plaintiff is entitled to recover the value of the leased property.

7.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 lease.

Reasonable fees for the attorney’s services rendered and to be rendered through trial and appeal are no less than $[amount].

8.Prayer.      Plaintiff prays that—

a.Defendant be cited to appear and answer;

b.Plaintiff be granted judgment for $[amount] [include if applicable: , plus applicable charges such as taxes, official fees, and delinquency charges as provided for in the lease];

c.Plaintiff be granted judgment for prejudgment and postjudgment interest on the matured, unpaid debt 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 judgment for possession of the leased property or, in the alternative, for its value; and

            [f./g.] 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]