Changes to Practice Notes— November 2020
Chapter 1Debt Collection Law Practice
§ 1.2:2Texas Lawyer’s Creed
Information about the enforceability of the Texas Lawyer’s Creed was added.
§ 1.7Bonding of Attorneys and Nonattorney Employees
The
section was rewritten.
§ 1.12Forwarders
Information about attorney duties to forwarders was added.
§ 1.15When to Recommend Not Filing Suit
The
section was revised.
§ 1.18Attorney’s Engagement Agreements with Client
The former Section 1.21 was renumbered as Section 1.18.
§§ 1.22 – 1.29 Attorney’s Fees
These
sections were deleted or incorporated into Chapter 31, the new chapter on
attorney’s fees.
Chapter 2Laws Affecting Debt Collection
§ 2.36:5Fair Consumer Debt Collection Act
The
section was added.
§ 2.71:3Required Disclosures—Open-End Transactions
Information
about required disclosures for cosigners of open-end accounts was revised.
Chapter 3Finding Debtor & Debtor’s Assets
§ 3.6:2Where Certificates Must Be Filed
The section was revised.
Chapter 7Creation & Enforcement of Liens
§ 7.13:1Scope and Utility of Lien
The section was revised.
Chapter 14Petitions & Causes of Action
§ 14.30:8Transfer with Intent to Hinder, Delay, or Defraud
Information was added about situations where a transferee is on inquiry notice that the transfer may be voidable.
§ 14.24:1Elements
The reference to section 19.1 was deleted.
§ 14.32:4 Exception for Consumer Debt Buyers
The section was added.
Chapter 15Jurisdiction & Venue
§ 15.1:2Justice Court
The section was updated to reflect recent changes in jurisdictional limits of courts.
§ 15.1:3Constitutional County Court
The section was
updated to reflect recent changes in jurisdictional limits of courts.
§ 15.1:4Statutory County Court (County Court at Law)
The section was updated to reflect recent changes in jurisdictional limits of courts.
Chapter 16Service of Process
§ 16.16:1Grounds for Citation by Publication
The section was revised.
§ 16.16:4Procedure for Service by Publication
The section was revised.
§ 16.16:6Citation by Publication by Private Process Server Questionable
The section was revised.
Chapter 18Discovery
§ 18.41:1 Purpose [of Requests
for Admissions]
The section was rewritten.
§ 18.42Scope of Requests for Admissions
The section was revised.
§ 18.48:2Matters Deemed Admitted Automatically
The section was revised.
Chapter 19Trial Procedure
§ 19.64Determination of Law of Another Nation
The section was revised.
Chapter 27Postjudgment Remedies
§ 27.41:1List of Exemptions [for Personal Property]
The section was revised.
§ 27.85:1Creditor’s Pleadings
The section was revised.
§ 27.88:6Master in Chancery
The section was deleted, and following sections were renumbered.
Chapter 28Landlord-Tenant Law
§ 28.21:4Method of Delivery of Notice to Vacate
The second practice note was added.
Chapter 29Probate & Guardianship
§ 29.23:1Matured Secured Claim
The section was revised.
§ 29.26Classification of Claims, Allowances, and Expenses of Decedent’s Estate
The section was revised.
§ 29.75Qualified Savings Plan Benefits
The section was rewritten.
Chapter 30Justice Courts
§ 30.1:1Types of Cases
The section was revised to reflect new jurisdictional limits for justice courts.
§ 30.2Jurisdiction
The section was expanded.
Chapter 31 Attorney’s Fees
This is a new chapter for the 2020 edition.
Appendix
Rule 500.3Application of Rules in Justice Court Cases
The
jurisdictional limits of justice courts was updated to
reflect statutory changes.
Rule 502.2Petition
Removed
reference to civil case information sheet, which is no longer required.
Changes to Forms—November 2020
Chapter 1Debt Collection Law Practice
Form 1-2Contingent Fee Agreement
This
form is new for the 2020 edition.
Form 1-6Settlement Agreement Letter
This
form is new for the 2020 edition.
Form 1-7Forbearance Agreement Letter
This
form is new for the 2020 edition.
Chapter 14Petitions & Causes of Action
Form 14-1Petition for Suit on Sworn Account
The
pleadings requesting attorney’s fees were updated to reflect recent changes in
the law.
Form 14-3Petition for Suit on Written Contract
The
pleadings requesting attorney’s fees were updated to reflect recent changes in
the law.
Form 14-4Petition for Suit on Oral Debt
The
pleadings requesting attorney’s fees were updated to reflect recent changes in
the law.
Form 14-5Petition for Suit on Revolving Credit Account
The
pleadings requesting attorney’s fees were updated to reflect recent changes in
the law.
Form 14-6Petition for Suit on Retail Installment Contract
The
pleadings requesting attorney’s fees were updated to reflect recent changes in
the law.
Form 14-7Petition for Suit on Note
The
pleadings requesting attorney’s fees were updated to reflect recent changes in
the law.
Form 14-8Petition for Suit on Lease of Personal Property
The
pleadings requesting attorney’s fees were updated to reflect recent changes in
the law.
Form 14-9Petition for Deficiency Judgment
The
pleadings requesting attorney’s fees were updated to reflect recent changes in
the law.
Form 14-11Petition for Suit on Guaranty
The
pleadings requesting attorney’s fees were updated to reflect recent changes in
the law.
Chapter 20Judgment
Form 20-4Affidavit of Attorney [for Attorney’s Fees]
The
form was rewritten.
Chapter 27Postjudgment Remedies
Form 27-16 Application for Turnover Relief
The
form was revised.
Form 27-17Order for Turnover Relief
The
form was revised.
Chapter 28Landlord-Tenant Law
Form 28-2Affidavit and Lien Statement for Commercial Building Landlord’s Lien under Tex. Prop. Code § 54.022
A
new headnote was added to the form.
Form 28-14Sworn Complaint for Forcible Detainer
The form was revised.