Sec. 28.012. INSTITUTION OF ACTION

(a) To institute an action in small claims court, the claimant, attorney for the claimant, or authorized agent of the claimant must:

(1) appear before the judge or the clerk of the court and file a statement of the claim under oath; or

(2) file a sworn statement of the claim with the judge or clerk of the court.

(b) The statement must be in substantially the following form:

In the Small Claims Court of ________ County, Texas

A. B., Plaintiff

vs.

C. D., Defendant

State of Texas

County of ___________

A. B., whose post office address is ____________________(Street and Number), ___________(City), ____________ County, Texas, being duly sworn, on his oath deposes and says that C. D., whose post office address is ____________________(Street and Number), ___________(City), _____________ County, Texas, is justly indebted to him in the sum of _______ Dollars and _______ Cents ($________), for ________________________________________________________________________________________________________________________________________________________________________________________________

(here the nature of the claim should be stated in concise form and without technicality, including all pertinent dates), and that there are no counterclaims existing in favor of the defendant and against the plaintiff, except ___________________________________

______________________

Plaintiff

Subscribed and sworn to before me this ___day of ____, 19___.

_____________________

Judge

By:__________________

Clerk

State of Texas County of ___________ A. B., whose post office address is ____________________(Street and Number), ___________(City), ____________ County, Texas, being duly sworn, on his oath deposes and says that C. D., whose post office address is ____________________(Street and Number), ___________(City), _____________ County, Texas, is justly indebted to him in the sum of _______ Dollars and _______ Cents ($________), for ________________________________________________________________________________________________________________________________________________________________________________________________ (here the nature of the claim should be stated in concise form and without technicality, including all pertinent dates), and that there are no counterclaims existing in favor of the defendant and against the plaintiff, except ___________________________________ ______________________ Plaintiff Subscribed and sworn to before me this ___day of ____, 19___. _____________________ Judge By:__________________ Clerk Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 745, Sec. 4, eff. June 20, 1987; Acts 1989, 71st Leg., ch. 802, Sec. 6, eff. Sept. 1, 1989.