By the Business Attorneys at Garg & Associates, PC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

What is a suit on sworn account?

In Texas, a suit on sworn account is considered a procedural device (Rule 185 of the Texas Rules) to pursue a breach of contract claim. If the plaintiff pleads under this rule, it has shown a prima facie right of recovery if the defendant fails to answer the suit with a verified denial. The underlying claims must be for goods or services provided by the plaintiff for the benefit of the defendant. Credit card lawsuits cannot be brought under a sworn account theory of recovery. A third party debt buyer also cannot bring a claim under Rule 185. However, if a credit card is issued by a supplier of goods or services and such is purchased using the credit card, suit can likely be brought in that circumstance.

Call Garg and Associates today at 281-362-2865 or complete our Contact Form and let us assist you with your business law services and litigation needs.