Summary of the suit on a sworn account
Summary of the suit on a sworn account:
A suit on a sworn account is a great tool for the creditor’s attorney to use in a collections practice. The suit on a sworn account is not a separate cause of action, it is a procedural tool that, when properly incorporated in the plaintiff’s petition and verified by affidavit, creates a prima facie (sufficiently proven) case for the plaintiff and it’s right to recover and can only be overcome by a verified denial by the defendant complying with rule 185 of the Texas Rules of Civil Procedure.
Rule 185 of the Texas Rules of Civil Procedure provides for a suit on a sworn account and states as follows:
When any action or defense is founded upon an open account or other claim for goods, wares and merchandise, including any claim for a liquidated money demand based upon written contract or founded on business dealings between the parties, or is for personal service rendered, or labor done or labor or materials furnished, on which a systematic record has been kept, and is supported by the affidavit of the party, his agent or attorney taken before some officer authorized to administer oaths, to the effect that such claim is, within the knowledge of the affiant, just and true, that it is due, and that all just and lawful offsets, payments and credits have been allowed, the same shall be taken as prima facie evidence thereof, unless the party resisting such claim shall file a written denial, under oath. A party resisting such a sworn claim shall comply with the rules of pleading as are required in any other kind of suit, provided, however, that if he does not timely file a written denial, under oath, he shall not be permitted to deny the claim, or any item therein, as the case may be. No particularization or description of the nature of the component parts of the account or claim is necessary unless the trial court sustains special exceptions to the pleadings.
The elements of a sworn account claim are: (1) the sale and delivery of merchandise or
service, (2) the amount of the account is just, that is, the price charged is either in accordance with the agreement or is the usual, customary, and reasonable price for the merchandise or service; and (3) the amount is unpaid. Hose Pro Connectors, Inc. v. Parker Hannifin Corp., 889 S.W.2d 555, 558 (Tex. App. – Houston