Petition to Compel Arbitration (State Court)

[Style of Case]

PLAINTIFF’S ORIGINAL PETITION TO COMPEL ARBITRATION

TO THE HONORABLE JUDGE OF SAID COURT:

_____ (hereafter “Plaintiff”) files this Original Petition complaining of _____ (hereafter “Defendant”) and would show the Court as follows:

THE PARTIES

1. Plaintiff is an individual who is a resident of the State of Texas.

2. Defendant is a corporation duly qualified to do business in the State of Texas.

   JURISDICTION AND VENUE

3. Defendant was doing business in _____ County, Texas, at all times relevant to this lawsuit and did business in _____ County, Texas, that caused the incident that is the subject of this lawsuit. Further, the incident and the damages sustained because of the incident occurred in _____ County, Texas. Therefore, jurisdiction and venue are proper in _____ County, Texas. As a proximate result of said “incident,” damages in excess of the minimum jurisdictional limits of this Court were incurred by Plaintiff. The damages suffered include, but are not limited to, _____.

   SERVICE

4. Defendant may be served by serving the Petition, citation, and service of process upon the [Defendant personally/appropriate registered agent, person and/or entity upon whom service can be obtained].

   FACTS

5. The Defendant [entered into a contract/was subject to a mandatory arbitration agreement] with Plaintiff. The contract provides for mandatory binding arbitration pursuant to the Texas General Arbitration Act (Sections 171.001-171.020 of the Texas Civil Practice and Remedies Code). Attached hereto as Exhibit “A” are true and correct copies of _____ pages of the [contract/mandatory arbitration agreement]. Pursuant to Article _____ of the [contract/arbitration agreement], Plaintiff demands that Defendant proceed to arbitration to resolve this dispute.

   ALTERNATIVE PLEADINGS IN THE EVENT

   THE COURT DOES NOT COMPEL ARBITRATION

6. In the unlikely event that this Court does not compel arbitration of this matter, Plaintiff pleads the following causes of action and seeks relief pursuant to the common law of Texas.

   [INSERT CAUSES OF ACTION]

   JURY DEMAND

7. Plaintiff demands that this Court empanel a lawful jury to hear this case.

   RESERVATION OF RIGHTS

8. Plaintiff specifically reserves the right to bring a cause of action for breach of an express warranty and other additional causes of action against Defendant and to amend this Petition as...