sworn account claim in Texas

2020The elements of a sworn account claim are: “(1) the sale and delivery of merchandise or performance of services; (2) that the amount of the account is ‘just,’ i.e., the prices charged are pursuant to an express agreement, or in the absence of an agreement, that the charges are usual, customary, or reasonable; and (3) that the outstanding amount remains unpaid.” Ellis v. Reliant Energy Retail Servs., L.L.C., 418 S.W.3d 235, 246 (Tex. App.—Houston [14th Dist.] 2013, no pet.).

2014Despite a sworn denial, a plaintiff may properly obtain summary judgment on a sworn account claim by filing “legal and competent summary judgment evidence establishing the validity of its claim as a matter of law.” Ellis v. Reliant Energy Retail Servs., L.L.C., 418 S.W.3d 235, 246 (Tex. App.—Houston [14th Dist.] 2013, no pet.) (quoting PennWell Corp. v. Ken Assocs., Inc., 123 S.W.3d 756, 765 (Tex. App.—Houston [14th Dist.] 2003, pet. denied)).

2015See Sufficiency of the Olivers' Original Answer Worley v. Butler, 809 S.W.2d 242, 245 (Tex.App.-Corpus [1] Carter & Co.'s original petition and supporting affidavit Christi 1990, no writ)(where plaintiff would have to show complied with Rule 185 and established a prima facie case that the prices charged in the absence of an agreement are the on the sworn account claim.

2003Worley v. Butler , 809 S.W.2d 242, 245 (Tex. App. C Corpus Christi 1990, no writ).

2010See Solano v. Syndicated Office Sys. , 225 S.W.3d 64, 67 (Tex. App.—El Paso 2005, no pet.) (setting out sworn account elements—that a sale and delivery of goods occurred, the charges on the account are just, and the amount remains unpaid, supported by an affidavit that all just and lawful offsets have been allowed—and stating that if the party resisting a sworn account claim fails to timely file a verified denial, he will not be permitted to deny the claim).

2010See Solano v. Syndicated Office Sys., 225 S.W.3d 64, 67 (Tex. App.—El Paso 2005, no pet.) (setting out sworn account elements—that a sale and delivery of goods occurred, the charges on the account are just, and the amount remains unpaid, supported by an affidavit that all just and lawful offsets have been allowed—and stating that if the party resisting a sworn account claim fails to timely file a verified denial, he will not be permitted to deny the claim).

2026Id.

2023Agency, Inc., 584 S.W.2d 860, 862 (Tex. 1979), and Southern Mgmt.

2024See Birdwell v. Texins Credit Union, 843 S.W.2d 246 , 248–49 (Tex. App.— Texarkana 1992, no writ) (affirming the trial court’s grant of summary judgment on a sworn-account claim that was based on a subsequently-filed motion for summary judgment where the plaintiff’s pleadings were unsworn and failed to conform to the requirements of Rule 185); see also Wallander v. Texoma Cmty. Credit Union, No. 02-08-00457-CV, 2009 WL 1650110 , at *3 (Tex. App.—Fort Worth June 11, 2009, no pet.) (mem. op.) (same).

2024Woodhaven Partners, 422 S.W.3d at 833 ; see Birdwell, 843 S.W.2d at 248–49.

2024Woodhaven Partners, 422 S.W.3d at 833 ; see Birdwell, 843 S.W.2d at 248–49.

2024See Elizondo v. Krist, 415 S.W.3d 259, 264 (Tex. 2013) (conclusory statements in affidavits are not proper summary judgment evidence); McIntyre v. Ramirez, 109 S.W.3d 741 , 749–50 (Tex. 2003) (same); see also Woodhaven Partners, 422 S.W.3d at 835 .

2024See Elizondo v. Krist, 415 S.W.3d 259, 264 (Tex. 2013) (conclusory statements in affidavits are not proper summary judgment evidence); McIntyre v. Ramirez, 109 S.W.3d 741 , 749–50 (Tex. 2003) (same); see also Woodhaven Partners, 422 S.W.3d at 835 .

2023See Robinson v. Faulkner, 422 S.W.2d 209, 213 (Tex. App.—Dallas 1967, writ ref’s n.r.e.); see also Restrepo v. Alliance Riggers & Constructors, Ltd., 538 S.W.3d 724, 743 (Tex. App.—El Paso 2017, no pet.).

2023See Robinson v. Faulkner, 422 S.W.2d 209, 213 (Tex. App.—Dallas 1967, writ ref’s n.r.e.); see also Restrepo v. Alliance Riggers & Constructors, Ltd., 538 S.W.3d 724, 743 (Tex. App.—El Paso 2017, no pet.).

2014See Staton, 345 S.W.3d at 733 ; Jarvis, 298 S.W.3d at 314 .

2014Despite a sworn denial, a plaintiff may properly obtain summary judgment on a sworn account claim by filing “legal and competent summary judgment evidence establishing the validity of its claim as a matter of law.” Ellis v. Reliant Energy Retail Servs., L.L.C., 418 S.W.3d 235, 246 (Tex. App.—Houston [14th Dist.] 2013, no pet.) (quoting PennWell Corp. v. Ken Assocs., Inc., 123 S.W.3d 756, 765 (Tex. App.—Houston [14th Dist.] 2003, pet. denied)).

2012E.g. , Powers v. Adams , 2 S.W.3d 496, 499 (Tex. App.—Houston [14th Dist.] 1999, no pet.).

2009See, e.g., Site Work Group, Inc. , 171 S.W.3d at 514 (stating that affidavit provided evidence “that the sales prices of the materials were reasonable, and the usual and customary prices for such materials”); United Bus.

2003Id. at 384, 389-93 . 10 .

1999Wright v. Christian & Smith, 950 S.W.2d 411, 412 (Tex.App.—Houston [1st Dist.] 1997, no writ); Andrews, 885 S.W.2d at 266 .

1975Williamsburg Nursing Home, Inc. v. Paramedics, Inc., 460 S.W.2d 168,169 (Tex.Civ.App.—Houston (1st Dist.) 1970, no writ); Bookstall, Inc. v. John Roberts, Inc., 517 S.W.2d 451, 452 (Tex.Civ.App.—Austin 1974, no writ); Texas Man’s Shop, Inc. v. Nunn-Bush Shoe Co., 401 S.W.2d 716, 718 (Tex.Civ.App.—Corpus Christi 1966, no writ); Becker, Smith & Page, Inc. v. Wm.

1975Williamsburg Nursing Home, Inc. v. Paramedics, Inc., 460 S.W.2d 168,169 (Tex.Civ.App.—Houston (1st Dist.) 1970, no writ); Bookstall, Inc. v. John Roberts, Inc., 517 S.W.2d 451, 452 (Tex.Civ.App.—Austin 1974, no writ); Texas Man’s Shop, Inc. v. Nunn-Bush Shoe Co., 401 S.W.2d 716, 718 (Tex.Civ.App.—Corpus Christi 1966, no writ); Becker, Smith & Page, Inc. v. Wm.