Recent Updates—2025

The 2025 edition integrates the latest legislation, case law, and Texas Rules of Civil Procedure amendments and updates the manual’s forms accordingly. The new edition contains updated guidance on prejudgment garnishment and writ service, clarifies judgment notice under Rule 306a and finality considerations, supplies new scire facias forms for reviving dormant judgments, updates venue analysis for justice courts, and expands commentary on appellate attorney’s fees. The manual also contains a new practice section on small-business bankruptcy under the SBRA.

Changes to Practice Notes

Chapter 2Laws Affecting Debt Collection

§ 2.1Scope of Chapter

Updated case law on post–Regulation F case law.

§ 2.14:1Required Contents of Notice

Added CFPB’s link to its itemization‑table guidance for the model validation notice.

§ 2.14:4Model Validation Notice

Added paragraph discussing failure to include date in the model validation notice under 12 C.F.R. § 1006.34(d)(2)(ii).

Chapter 4Communicating with Debtor

§ 4:1Consumer vs. Commercial Collections

This is a new section.

Revised to confine scope of chapter to commercial debts and lists the few subsections that also apply to consumer collections.

§ 4.2Payoff Calculations

Section title has been updated, splitting previous discussion concerning actions prohibited by statute.

§ 4.14:2Equity Lien Against Debtor’s Real Property

This section was comprehensively rewritten.

Chapter 5Repossession

§ 5.11:3Priorities Between Conflicting Claims in Collateral

This section added discussion of good-faith purchaser rules under Tex. Bus. & Com. Code § 9.330.

§ 5.32:3Factors in Determining Commercial Reasonableness

This section has been revised to add or update authorities or clarify text.

Chapter 6Presuit Considerations

§ 6.2:1Forfeiture of Right to Do Business

This section has a new practice note regarding instructions on obtaining forfeiture information.

§ 6.2:2Individual Liability of Directors, Officers, and Managers

This section has a new sentence regarding conflicts between Tex. Bus. Orgs. Code § 11.254(b) and Tex. Tax Code § 171.255(a).

Chapter 8Prejudgment Remedies

§ 8.12Prejudgment Garnishment Procedure

Section title has been updated to denote prejudgment scope.

§ 8.13Other Prejudgment Garnishment Issues

Section title has been updated to denote prejudgment scope.

§ 8.13:3Service of Writ on Garnishee and Defendant

This section was revised to reflect amended notice rules under Tex. R. Civ. P. 663a.

§ 8.13:5Motion to Dissolve or Modify Writ Based on Grounds Other Than Exempt Personal Property

This section was retitled and revised to reflect amendments to Tex. R. Civ. P. 664a.

§ 8.13:6Hearing on Motion to Dissolve or Modify Based on Grounds Other Than Exempt Personal Property

This section was retitled and revised to reflect amendments to Tex. R. Civ. P. 664a.

§ 8.13:7Burden of Proof for Motion to Dissolve or Modify Based on Grounds Other Than Exempt Personal Property

This section was retitled and revised to reflect amendments to Tex. R. Civ. P. 664a.

§ 8.13:8Motion to Dissolve or Modify Writ Based on Exempt Personal Property

This is a new section.

§ 8.13:9Hearing on Motion to Dissolve or Modify Based on Exempt Personal Property

This is a new section.

§ 8.13:10Burden of Proof for Motion to Dissolve or Modify Based on Exempt Personal Property

This is a new section.

Chapter 14Petitions and Causes of Action

§ 14.23Action on Oral Contract

Section title has been updated from Oral Debt to Oral Contract.

§ 14.23:1Elements

This section has been revised to add or update authorities or clarify text.

§ 14.39Unjust Enrichment

This is a new section.

§ 14.40Action of Quantum Meruit

This is a new section, including subsections 14.40:1 through 14.40:7.

§ 14.41Action on Money Had and Received

This is a new section, including subsections 14.41:1 through 14.41:6.

Chapter 15Jurisdiction and Venue

§ 15.1:1Jurisdiction Generally

This section has been revised to add or update authorities or clarify text.

§ 15.1:5District Court

Updated to reflect jurisdictional amounts under Tex. Gov’t Code § 24.007(b).

§ 15.2:1Amount in Controversy Generally

This section has been revised to add or update authorities or clarify text.

§ 15.2:2Amount of Debt

This section has been revised to add or update authorities or clarify text.

§ 15.2:3Multiple Claims

This section has been revised to add or update authorities or clarify text.

§ 15.2:4Interest

This section has been revised to add or update authorities or clarify text.

§ 15.2:5Attorney’s Fees

This section has been revised to add or update authorities or clarify text.

§ 15.2:6Costs

This section has been revised to add or update authorities or clarify text.

§ 15.2:7Foreclosure of Lien

This section has been revised to add or update authorities or clarify text.

§ 15.2:8Immunity

This section has been revised to add or update authorities or clarify text.

§ 15.14Plaintiff’s Choice of Venue

This section has been revised to add or update authorities or clarify text.

§ 15.15:1General Venue Rule

This section has been revised to add or update authorities or clarify text.

§ 15.15:5Venue in Breach of Contract (Nonconsumer)

This section has been revised to add or update authorities or clarify text.

§ 15.15:6Venue by Agreement

The subsection discussing forum selection clauses was revised to add or update authorities or clarify text.

§ 15.17:5Waiver

This section has been revised to add or update authorities or clarify text.

§ 15.17:12Prima Facie Proof

This section has been revised to add or update authorities or clarify text.

Chapter 16Service of Process

§ 16.4Service by Private Process Server

This section was revised to reflect amended Tex. R. Civ. P. 107(b)(10).

§ 16.6:6Substituted Service by Mail

This section was revised to reflect amended Tex. R. Civ. P. 106(b).

§ 16.7Substituted Service on Individual

This section was revised to reflect amended Tex. R. Civ. P. 106(b).

§ 16.7:2Statement Requirements

Section title has been updated to reflect amended Tex. R. Civ. P. 106(b).

§ 16.21Certificate of Last Known Email and Mailing Address

This section was retitled and revised to reflect amendments to Tex. R. Civ. P. 239a.

Chapter 17Defenses and Counterclaims

§ 17.1:1Accord and Satisfaction Generally

This section has been revised to add or update authorities or clarify text.

§ 17.1:2Sufficiency of Consideration

Second paragraph added to clarify text.

§ 17.2Accord and Satisfaction by Use of Instrument under Texas Business and Commerce Code

This section has been revised to add or update authorities or clarify text.

§ 17.2:1Elements

This section has been revised to add or update authorities or clarify text.

§ 17.3:1Novation Generally

This section has been revised to add or update authorities or clarify text.

§ 17.3:2Elements

This section has been revised to add or update authorities or clarify text.

§ 17.3:3Novation Compared with Accord and Satisfaction

This section has been revised to add or update authorities or clarify text.

§ 17.5:3Rescission as Equitable Contractual Remedy

This section has been revised to add or update authorities or clarify text.

§ 17.7:2Consideration

This section has been revised to add or update authorities or clarify text.

§ 17.7:3Oral Modification

This section has been revised to add or update authorities or clarify text.

§ 17.8:3Determination of Incapacity

This section has been revised to add or update authorities or clarify text.

§ 17.9:1Lack or Failure of Consideration Generally

This section has been revised to add or update authorities or clarify text.

§ 17.10Lack of Mutuality

This section has been revised to add or update authorities or clarify text.

§ 17.11:1Waiver

This section has been revised to add or update authorities or clarify text.

§ 17.11:5Judicial Estoppel

This section has been revised to add or update authorities or clarify text.

§ 17.11:6Collateral Estoppel

This is a new section; subsequent sections under 17.11 were renumbered.

§ 17.12:1Elements of Mutual Mistake

This section has been revised to add or update authorities or clarify text.

§ 17.14:3Other Contracts

This section has been revised to add or update authorities or clarify text.

§ 17.18:1Elements and Proof

This section has been revised to add or update authorities or clarify text.

§ 17.24Illegality

This section has been revised to add or update authorities or clarify text.

§ 17.32No Duty of Good Faith and Fair Dealing

This is a new section.

§ 17.45:1Express Warranty

This section has been revised to add or update authorities or clarify text.

Chapter 19Trial Procedure

§ 19.2Service

Sentence added regarding updates to Tex. R. Civ. P. 106(b).

§ 19.6Electronic Filing

Sentence revised under subsection regarding electronic notices from court.

§ 19.8Filing and Serving Pleadings and Motions

Substantially revised discussion on service of notice of hearing regarding amendments to Tex. R. Civ. P. 21(b).

§ 19.15Notice of Hearing

Substantially revised discussion on service of notice of hearing regarding amendments to Tex. R. Civ. P. 21(b).

Chapter 20Judgment

§ 20.2Proposed Judgments

This section has been revised to add or update authorities or clarify text.

§ 20.3Caption

Added advisory sentence recommending reciting all party names in the judgment and new authority.

§ 20.8Findings of Fact

This section was revised to reflect amended Tex. R. Civ. P. 299a.

§ 20.9Decretal Language

This section has been revised to add or update authorities or clarify text.

§ 20.9:1Money Damages Awarded

Added discussion on judgment finality and ascertaining damages. Expanded discussion of postverdict amendment and surprise exceptions.

§ 20.9:3Foreclosure of Lien

This section was revised to reflect amended Tex. R. Civ. P. 299a.

§ 20.9:4Alternative Recoveries

This section has been revised to add or update authorities or clarify text.

§ 20.9:6Judgment for Attorney’s Fees

This section was revised to reflect amended Tex. R. Civ. P. 313.

§ 20.9:8306a Notice

This is a new section.

§ 20.10Prejudgment Interest Generally

This section has been revised to add or update authorities or clarify text.

§ 20.10:1Enabling Statute Providing for Prejudgment Interest

Section title has been updated, and the section has been revised to add or update authorities or clarify text and separate the discussion between statutory and equitable bases for prejudgment interest.

§ 20.10:2Equitable Prejudgment Interest

This is a new section.

§ 20.10:3Contract Does Not Provide for Interest

This section has been revised to add or update authorities or clarify text.

§ 20.10:6Prejudgment Interest Not Available for Future Damages

Section title has been updated.

§ 20.11Postjudgment Interest (General)

This section has been revised to add or update authorities or clarify text.

§ 20.11:1Interest Rate in Contract

This section has been revised to add or update authorities or clarify text.

§ 20.13Notice of Judgment

This section was revised to reflect amended Tex. R. Civ. P. 21(f)(10).

§ 20.15Finality of Judgment

This section was comprehensively rewritten and now includes greater discussion and authority around Tex. R. Civ. P. 313 and a practice tip warning against inadvertent finality.

§ 20.21Default Judgment in General

Practice note was substantially revised.

§ 20.23Certificate of Last Known Email and Mailing Address

Section title has been updated. This section was revised to reflect amended Tex. R. Civ. P. 239a.

§ 20.26:2Damages and Record

This section has been revised to add or update authorities or clarify text.

Chapter 27Postjudgment Remedies

§ 27.16Dormant Judgment

This section has been revised to add or update authorities or clarify text with additional commentary on revival of judgments by scire facias.

§ 27.21:1Real Property

This section was revised to reflect amended Tex. Civ. Prac. & Rem. Code § 34.041(a–1)).

§ 27.25Suspension of Enforcement Pending Appeal

This section was revised to reflect amended Tex. Civ. Prac. & Rem. Code § 52.007(b)–(d).

Chapter 28Landlord-Tenant Law

§ 28.27:7Citation

This section was revised to reflect amendments to Tex. R. Civ. P. 510.4 around required statements.

Chapter 29Probate and Guardianship

§ 29.4:3Duties and Obligations of Personal Representative to Creditors

This section has been revised to add or update authorities or clarify text.

§ 29.6:2Administration of Community Property

This section was revised in accordance with amendments to Tex. Est. Code § 101.052(b).

§ 29.34:2Notice to Secured Creditors

This section was revised in accordance with amendments to Tex. Est. Code § 308.053.

§ 29.34:3Permissive Notice to Unsecured Creditors

This section was revised in accordance with amendments to Tex. Est. Code § 308.054.

§ 29.53:2Notice to Secured Creditors

This section was revised in accordance with amendments to Tex. Est. Code § 308.053.

§ 29.53:3Permissive Notice to Unsecured Creditors

This section was revised in accordance with amendments to Tex. Est. Code § 308.054.

§ 29.54:1Presentment

This section was revised in accordance with amendments to Tex. Est. Code § 403.055.

§ 29.66:1Allowance or Rejection of Claims by Guardian

Sentence added to section regarding objection to form of claim.

Chapter 30Justice Courts

§ 30.2Jurisdiction

Sentence added to section with authority regarding jurisdictional limits of counterclaims.

§ 30.9Amending Pleadings

Section title has been updated.

§ 30.10Counterclaims and Related Issues

This is a new section. All subsequent sections are renumbered.

§ 30.14Alternative Dispute Resolution

Sentence added to end of section regarding agreed motion to waive mediation.

§ 30.18Appeals

Sentence added to end of section regarding amendments to Tex. R. Civ. P. 506.2

Chapter 31Attorney’s Fees

§ 31.2:1Award of Attorney’s Fees Through Judgment and for Appeals Is Mandatory Under Chapter 38

This is a new section.

§ 31.2:2Defendant’s Offer to Settle Does Not Defeat Creditor’s Right to Attorney’s Fees

This is a new section. All subsequent sections under 31.2 are renumbered.

§ 31.5Texas Follows Lodestar Method to Prove Up Attorney’s Fees

This section has been revised to add or update authorities or clarify text.

§ 31.6:6State Cases Finding Improper Billing Methods After Rohrmoos: Texas Courts’ Analysis of Step One of Lodestar Method

This section has been revised to add or update authorities or clarify text.

§ 31.9One Exception to Rohrmoos: Judicial Notice Under Texas Civil Practice and Remedies Code Chapter 38

This section has been revised to add or update authorities or clarify text.

§ 31.11Duty to Segregate Fees

This section has been revised to add or update authorities or clarify text.

§ 31.12Applying the Law to Claims Where Attorney’s Fees Are Recoverable vs. Nonrecoverable

This section has been retitled and all sections under 31.12 are renumbered.

§ 31.12:1Claims Where Attorney’s Fees Were Recoverable

This is a new section.

§ 31.12:2Claims Where Attorney’s Fees Were Not Recoverable

This is a new section.

§ 31.15The Opposite of Excessive Fees—Inadequate Fee Awards

This is a new section.

§ 31.17Appellate Fees

This section has been revised to add or update authorities or clarify text.

§ 31.17:1How to Plead for Appellate Fees—Beware of Not Pleading Correctly

This section has been revised to add or update authorities or clarify text.

§ 31.17:4An Alternative Method to Proving Appellate Attorney’s Fees

This section has been revised to add or update authorities or clarify text.

§ 31.18Proper Statement of Award of Appellate Attorney’s Fees in Judgment

This section has been revised to add or update authorities or clarify text.

§ 31.19Award of Zero Appellate Attorney’s Fees Abuse of Discretion

This section has been revised to add or update authorities or clarify text.

Chapter 35Bankruptcy

This chapter has a new part VI, “Chapter 11: Subchapter V Bankruptcy,” which includes new section 35.45 (see below). This chapter’s previous parts VI (“Avoidance Actions”) and VII (“Executory Contracts and Unexpired Leases”) were renumbered to parts VII and VIII, respectively.