Form 31:1 Usury – Petition
{STYLE OF THE CASE - FORM 1:3}
PLAINTIFF’S ORIGINAL PETITION, REQUEST
FOR EQUITABLE RELIEF & REQUEST FOR DISCLOSURE
A. Discovery-Control Plan
{CHOOSE APPROPRIATE PARAGRAPH 1}
1. Plaintiff intends to conduct discovery under Level 1 of Texas Rule of Civil Procedure 190.2 because this suit involves only monetary relief totaling $50,000 or less, excluding court costs, prejudgment interest, and attorney fees. {See O’Connor’s Texas Rules, “Discovery-Control Plans,” ch. 2-B, §2, p. 77.}
1. Plaintiff intends to conduct discovery under Level {2/3} of Texas Rule of Civil Procedure {190.3/190.4} because {explain}. {See O’Connor’s Texas Rules, “Discovery-Control Plans,” ch. 2-B, §2, p. 77.}
B. Parties
2. {For plaintiff designation, see FORM 1:4, supra; O’Connor’s Texas Rules, “Plaintiff,” ch. 2-B, §3.4, p. 81.}
3. {For defendant designation, see FORMS 1:5 through 1:12, supra; see O’Connor’s Texas Rules, “Defendant,” ch. 2-B, §3.5, p. 82.}
C. Jurisdiction
4. {For jurisdiction allegations, see FORM 1:15, supra. It is not necessary to plead jurisdiction for most suits. See O’Connor’s Texas Rules, “Jurisdiction,” ch. 2B, §4, p. 83.}
D. Venue
{CHOOSE APPROPRIATE PARAGRAPH 5}
5. Venue for this usury claim is mandatory in {______} County under Texas Finance Code title 4, subtitle A, section 305.006, because this is a suit for usury and this is the county where {the transaction was entered into/the usurious interest was charged or received/defendant resided when the action was filed/defendant maintains its principal office/plaintiff resided when the claim accrued}. {Elaborate.} {See O’Connor’s COA, “Venue,” ch. 31, §6.3, p. 934.}
5. Venue for this usury claim is mandatory in {______} County under Texas Finance Code title 4, subtitle B, section 349.401, because this is a suit for usury and this is the county where {the transaction was entered into/defendant resided when the action was filed}. {Elaborate.} {See O’Connor’s COA, “Venue,” ch. 31, §6.3, p. 934.}
E. Facts
6. On {date}, at {identify location}, {______} County, Texas, {describe events that resulted in lawsuit}.
7. {State other relevant facts in separately numbered paragraphs.} {See O’Connor’s Texas Rules, “Pleading a Cause of Action,” ch. 2-B, §6, p. 85.}
F. Count 1 – Usury
8. Defendant loaned money to plaintiff. {Describe details of the loan, e.g., date, amount, terms.} {See O’Connor’s COA, “Defendant loaned money to plaintiff,” ch. 31, §2.1, p. 924.}
9. Plaintiff had an obligation to repay the principal amount of defendant’s loan. {Elaborate.} {See O’Connor’s COA, “Absolute obligation to repay principal,” ch. 31, §2.2, p. 924.}
10. Defendant {contracted for/charged/received} interest that exceeded the maximum amount allowed by law. {Elaborate.} {See O’Connor’s COA, “Interest exceeded maximum allowed by law,” ch. 31, §2.3, p. 925.}
11. Defendant’s unlawful conduct caused injury to plaintiff, which resulted in the following damages: {identify damages}. {See O’Connor’s COA, “Interest exceeded maximum allowed by law,” ch. 31, §2.3, p. 925; “Remedies,” ch. 31, §3, p. 929; “Damages That Must Be Specifically Pleaded,” chart 45-1, p. 1148.}
12. Plaintiff seeks unliquidated damages within the jurisdictional limits of this court. {See O’Connor’s Texas Rules, “Unliquidated damages,” ch. 2-B, §8.2, p. 88.}
{ADD PARAGRAPH 13 IF APPLICABLE}
13. Statutory penalties. Plaintiff is entitled to recover statutory penalties under Texas Finance Code section {number}. {Elaborate.} {See O’Connor’s COA, “Penalties,” ch. 31, §3.1, p. 929.}
14. Attorney fees. Plaintiff is entitled to recover reasonable attorney fees under Texas Finance Code section {305.005/349.001}. {Elaborate.} {See O’Connor’s COA, “Attorney fees,” ch. 31, §3.6, p. 931.}
{ADD SECTIONS G-M AS APPROPRIATE}
G. Count 2 – Breach of Contract
15. In {the alternative/addition} to other counts, defendant breached defendant’s contract with plaintiff. {In separately numbered paragraphs, identify elements and facts supporting breach of contract.} {See FORM 5B:2, supra; O’Connor’s COA, “Breach of Contract,” ch. 5-B, p. 59.}
H. Count 3 – Fraud
16. In {the alternative/addition} to other counts, defendant committed fraud. {In separately numbered paragraphs, identify elements and facts supporting fraud.} {See FORMS 12, supra; O’Connor’s COA, “Fraud,” ch. 12, p. 257.}
I. Count 4 – {Name of another cause of action}
17. In {the alternative/addition} to other counts, {identify another cause of action}. {In separately numbered paragraphs, identify elements and facts supporting the cause of action.} {For related claims, see O’Connor’s COA, “Related Causes of Action,” ch. 31, §7, p. 935.}
J. Injunctive Relief
18. Plaintiff seeks {describe injunctive relief sought}. {State facts supporting injunctive relief.} {See O’Connor’s COA, “Equitable relief,” ch. 31, §3.3, p. 931; O’Connor’s Texas Rules, “Injunctive Relief,” ch. 2-C, p. 91; O’Connor’s Texas Civil Forms, FORM 2C:1.}
K. Jury Demand
19. Plaintiff demands a jury trial and tenders the appropriate fee with this petition. {See O’Connor’s Texas Rules, “Jury Demand,” ch. 2-B, §12, p. 90.}
L. Conditions Precedent
20. All conditions precedent to plaintiff’s claim for relief have been performed or have occurred. {See O’Connor’s COA, “Presuit notice,” ch. 31, §6.2, p. 934; O’Connor’s Texas Rules, “Conditions Precedent,” ch. 2-B, §11, p. 89.}
M. Request for Disclosure
21. Under Texas Rule of Civil Procedure 194, plaintiff requests that defendant disclose, within 50 days of the service of this request, the information or material described in Rule 194.2. {See O’Connor’s Texas Rules, “Content of request,” ch. 6-D, §3.2, p. 413.}
N. Prayer
22. For these reasons, plaintiff asks that the court issue citation for defendant to appear and answer, and that plaintiff be awarded a judgment against defendant for the following:
{CHOOSE RELIEF SOUGHT}
a. Actual damages. {See O’Connor’s COA, “Pleading actual damages,” ch. 45-A, §3.2, p. 1146.}
b. {Describe injunctive relief.}
c. Statutory penalties.
d. Prejudgment and postjudgment interest. {See O’Connor’s COA, “Interest,” ch. 47, p. 1233.}
e. Court costs. {See O’Connor’s COA, “Court Costs,” ch. 48, p. 1239.}
f. Attorney fees. {See O’Connor’s COA, “Attorney Fees,” ch. 49, p. 1247.}
g. All other relief to which plaintiff is entitled. {See O’Connor’s Texas Rules, “Prayer,” ch. 2-B, §14, p. 90.}