In Kaufman and Rockwall counties, we are experiencing a boom on the growth of business and residential population. Because of this, we are seeing more lawsuits arising out of suits on sworn accounts. You may be thinking, what is a suit on a sworn account? Well, a suit on sworn account is not actually a separate independent cause of action, but rather is a procedural tool based on Rule 185 of the Texas Rules of Civil Procedure that limits the evidence necessary to establish a right of recovery on certain types of accounts. Williams v. Unifund CCR Partners Assignee of Citibank, 264 S.W.3d 231, 234 (Tex. App.–Houston [1st Dist.] 2008, no pet.); see Tex. R. Civ. P. 185.
This means that while a suit on a basic contract may also be possible, if you meet the criteria under rule 185, you may also pursue this very valuable procedural tool. We have seen an uptick in these types of cases coming out of Rockwall and Forney, as well as Terrell, Kaufman and other surrounding areas. Most of these cases involve building materials sold by suppliers to contractors and builders. However, if you sell goods or personal services in the Rockwall, Kaufman and Dallas county areas, or you are being sued under this theory of recovery, you need to know these laws and hire competent legal representation to pursue, or defend against, these claims for you.
So, What is the Main Benefit of a Suit on Sworn Account?