HOUSTON BUSINESS LITIGATION ATTORNEYS
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HOUSTON BUSINESS COLLECTION LAWYERS
Experienced Houston Collection Attorneys When You Needed Most!
Collection of Sworn Account
Business depends on the ability to collect debts and outstanding balances to be profitable. In fact, the viability of your business often times depends on clients being able to pay on time and the ability in which you can collect on sworn accounts. The Houston Business Debt Collection Lawyers and the Southwest Houston Collection of Sworn Account Attorneys can assist you matters involving breach of contracts, collection of oustanding debts, non-payment for services or goods, collection on default of lease, breach of commercial lease agreements, and on slow payments. Please contact our Houston Collection Attorneys and our West Houston Business Collection Lawyers to receive a consultation.
Because there are numerous types of debt collections, we devote the following section to collection of sworn accounts. All other questions regarding the enforceability of your contracts or to collect other outstanding debts should be directed to the Houston Debt Collection Lawyers and the Southwest Houston Collection Attorneys. Our attorneys can be reached at 713-517-6645 or fill out our contact form by clicking on the "contact" button above.
What Is a Sworn Account?
The elements for collection of amounts due under a sworn account are: the plaintiff sold goods or furnished services to the defendant; the prices were just and trust because they were according to the contract or were the usual and customary prices in the event of no contract; the petition contains the systematic record of the transactions; all lawful offsets, credits or payments have been applied to the account; the account remains unpaid; the damages are liquidated and the plaintiff has verified the petition. Texas Rule of Civil Procedure governs suits on sworn accounts.
A suit on sworn account deals only with accounts where one party purchased goods or services from the other party and does not apply to collection of unpaid balances on credit cards since lending credit is not legally considered a good or service.
In a suit on sworn account, the plaintiff can recover actual liquidated damages and both pre- and post judgment interest. Reasonable and necessary attorney fees are also available to a prevailing plaintiff if the contract allows for such or by statute if the damages are unliquidated. To bring an action based upon a sworn account, suit must be filed within four years of the breach.
Defenses to Suit on Sworn Account
Defenses to a suit on sworn account include allegations that the account, all or in part, is not just and true; the account is not due (no valid consideration); not all just and lawful offsets have been applied to the account. If a suit on sworn account is verified by the plaintiff, the defendant’s answer needs to be verified as well. Otherwise, the account is presumed just and true and the defendant cannot dispute the receipt of the goods or services.
A defendant in a suit on sworn account can counterclaim that the plaintiff used unfair collection attempts in violation of state and/or federal law. A defendant can also assert fraud or breach of contract as a counterclaim and may be entitled to attorney fees if he prevails.
If you have been sued on a claim based upon a sworn account, you have specific legal duties to preserve all of your available defenses. Consult the Houston Suit On Sworn Account Attorneys and the West Houston Collection Suit Lawyers at the Law Offices of Steven Tuan Pham to learn of your rights and possible defenses. If a customer has failed to pay his bill for goods or services rendered by your business, a West Houston Collection Lawyer or a Southwest Houston Deb Collection Defense Attorney at the Law Offices of Steven Tuan Pham is able to counsel you on the legal landscape that lays ahead in the collection of the outstanding debt.
Each collection case is unique depending on the fact and the contract, if any, in which you agreed and signed with the opposing party. You should NOT rely on the information on of this web site in replacing a personal consultation with an experienced Houston Business Collection of Sworn Account Lawyers and the West Houston Business Collection Attorneys at the Law Offices of Steven Tuan Pham There may be legal issues in which you may not be aware. Please feel free to contact our Houston Collection Litigation Attorneys and our West Houston Collection on Sworn Account Lawyers at the Law Offices of Steven Tuan Pham today at 713-517-6645 or complete our Contact Form.