This form is an affidavit for a suit on a sworn account in which the defendant has filed a sworn denial as required by Tex. R. Civ. P. 93(10), 185. (If the defendant has not answered or if his answer does not comply with rule 185, summary judgment on the pleadings is available, and no other evidence is required. See section 19.45 in this chapter.)
For an affidavit for a suit on a promissory note, see form 19-18. For an affidavit for attorney’s fees, see form 19-19. For a discussion of summary judgment proof, see section 19.50.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Plaintiff’s Summary Judgment Affidavit for Suit on Sworn Account
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], who swore on oath that the following facts are true:
“My name is [name of affiant]. I am of sound mind, capable of making this affidavit, and fully competent to testify to the matters stated herein, and I have personal knowledge of each of the matters stated herein.
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Include the following paragraph if the affiant is an employee of the plaintiff. |
“I am presently employed by [name of plaintiff], Plaintiff, in the capacity of [capacity], and I have been so employed since [date]. As part of my duties in such employment, I am custodian of the business records of Plaintiff.
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Continue with the following. |
“Attached to this affidavit as Exhibit [exhibit number/letter] is a true and correct copy of the statement of Defendant’s account with Plaintiff. Attached to this affidavit as Exhibit [exhibit number/letter] is a true and correct copy of each invoice or other record for each sales transaction and each credit on Defendant’s account. The attached exhibits are incorporated by reference into this affidavit.
“Each such record was kept by Plaintiff in the regular course of business. It was the regular course of Plaintiff’s business for Plaintiff or an employee or representative of Plaintiff, with personal knowledge of the act, event, or condition recorded, to make the record or to transmit information thereof to be included in the record. Each such record attached hereto was made at or near the time of the act, event, or condition recorded or reasonably soon thereafter. Each copy attached hereto is an exact duplicate of the original record, and each copy was made under my personal supervision.
“In the usual course of business, Plaintiff sold to Defendant certain goods, wares, merchandise, or services, as described in Exhibit [exhibit number/letter] of this affidavit. Defendant accepted the goods, wares, merchandise, or services.
“Exhibits [exhibit number/letter] and [exhibit number/letter] of this affidavit describe each such item delivered, the price of each such item, and the date each such item was delivered to Defendant.
“The price of each such item, as stated in Exhibits [exhibit number/letter] and [exhibit number/letter] of this affidavit, was [agreed to by Defendant/the usual and customary price for such an item].
“Defendant defaulted in paying this account. The balance of the account as stated in Exhibit [exhibit number/letter] of this affidavit is the amount owed to Plaintiff by Defendant after every just and lawful offset, credit, or payment has been allowed.
“On [date], Plaintiff demanded that Defendant pay the account. Because of Defendant’s failure to do so, Plaintiff has been forced to employ [name of attorney], a licensed attorney, to file suit on the account.”
[Name of affiant]
Affiant
SIGNED under oath before me on ________________________________.
Notary Public, State of Texas
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Attach exhibit(s). |