Chapter 14-9 Denial of Sworn Account

• Jurisdiction: United States

14-9 Denial of Sworn Account

Defendant must specifically deny, in a verified denial, pursuant to Tex R. Civ. P. 93(10) and 18, that the alleged account which forms the basis of the plaintiff's claim against defendant, as alleged in the plaintiff's original petition.³³ A verified denial of an alleged account may contest the justness and truth of the alleged account.³⁴ Defendant must also describe the basis for its denial of the justness or truth of the alleged account, such as plaintiff failing to credit the defendant for any payments already made.³⁵ In the absence of a defendant's verified denial, a defendant may prove that the account has been paid, or that it is barred by limitation, or matters of confession and avoidance, or set up a proper counterclaim.³⁶

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Notes:

^[33] Tex. R. Civ. P. 93(10); Tex. R. Civ. P. 185; Day Cruises Mar., L.L.C v. Christus Spohn Health Sys., 267 S.W.3d 42, 53 (Tex. App.—Corpus Christi 2008, pet. denied).

^[34] Tex. R. Civ. P. 185; Stevens Foods, Inc. v. Loggins Meat Co., 644 S.W.2d 908, 909 (Tex. App.— Tyler 1983, no writ).

^[35] See Tex. R. Civ. P. 185.

^[36] Donald v. Bennett, 415 S.W.2d 450, 454 (Tex. Civ. App.—Fort Worth 1967, writ ref'd n.r.e.).