[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Plaintiff’s Original Petition to Revive Judgment
Plaintiff, [name of plaintiff], makes this Original Petition to Revive Judgment. Defendant[s] [is/are] [name[s] of defendant[s]]. Plaintiff shows as follows:
1.Discovery Control Plan. This suit is governed by [describe discovery control plan as required by rule 190 of the Texas Rules of Civil Procedure].
2.Parties. Plaintiff is [a [state] corporation and has its principal place of business in [city], [county] County, [state]/Plaintiff is an individual residing in [county] County, [state], and may be served with citation at [address]/[describe plaintiff]]. Defendant is [a [state] corporation and has its principal place of business in [city], [county] County, [state]/an individual residing in [county] County, [state], and may be served with citation at [address]/[describe defendant]].
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Repeat as necessary for multiple defendants. |
3.Facts. This is an action brought pursuant to section 31.006 of the Texas Civil Practice and Remedies Code. Plaintiff is the current owner and holder of a judgment [include if applicable: , by virtue of the Assignment of Judgment attached as Exhibit [exhibit number/letter],] against Defendant[s], which was taken [date] in the [name of court], [county] County, Texas, in Cause No. [cause number], styled “[style of case].” A true copy of the Abstract of Judgment is attached as Exhibit [exhibit number/letter] and incorporated herein.
This action is brought before the second anniversary of the date that the judgment became dormant.
4.Credits Due on Judgment. [There are no credits due on this judgment/[describe any credits due on judgment]].
5.Dormancy. The judgment is dormant but is otherwise valid and unpaid to the extent set forth in this petition. Plaintiff is entitled to a writ of scire facias reviving the judgment and an order from this Court that this action for debt revives the judgment for a period of ten years from the date the judgment became dormant.
6.Prayer. Plaintiff prays that the judgment be revived by writ of scire facias or an order reviving judgment pursuant to section 31.006 of the Texas Civil Practice and Remedies Code and for all further relief to which Plaintiff may be entitled.
Respectfully submitted,
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
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Attach exhibit(s). |