See section 14.10 in this manual for other forms of party designation. See also section 14.2 regarding exercising caution in pleading conditions precedent. Do not add prejudgment interest to the amounts claimed.
Texas Civil Practice and Remedies Code section 30.014 requires each party to include partial identification information in its initial pleading in a civil action filed in district court, county court, or statutory county court.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Petition and Application to Foreclose Worker’s Lien
1.Parties. Plaintiff is [name of plaintiff], whose address is [address, city, state]. [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.] Defendant is [name of defendant], who can be served with citation at [address, city, state].
2.Facts. On [date], Plaintiff as employee and Defendant as employer entered into a contract by which Defendant employed Plaintiff to provide labor or services as a [type of employment] to [describe work] at Defendant’s [type of premises], located at [address, city, county] County, Texas. The work was performed for Defendant’s benefit.
3.Debt. Under terms of the contract between Plaintiff and Defendant, Defendant was obligated to pay Plaintiff, as wages for labor or services rendered in [describe work], $[amount] per [time period]. Defendant now owes Plaintiff $[amount] but refuses to pay Plaintiff.
4.Conditions Precedent. All conditions precedent have been performed or have occurred.
5.Lien. Under section 58.002 of the Texas Property Code, Plaintiff holds a worker’s lien on [describe property]. This lien was fixed by Plaintiff on [date]. A copy of the lien affidavit, served on Defendant, is attached as Exhibit [exhibit number/letter] and is incorporated by reference.
6.Attorney’s Fees. Defendant’s failure to pay Plaintiff for Plaintiff’s labor or services 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 at least $[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 debt;
c.Plaintiff be granted foreclosure of the worker’s lien against the property described in this petition;
d.Plaintiff be granted judgment for prejudgment and 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 all further relief to which Plaintiff may be entitled.
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]