Rule 185.Suit on Account

Last amended April 1, 1984 · Last verified June 28, 2026

In one sentenceRule 185 lets a properly sworn account stand as prima facie evidence of the debt, so the other side must file a written denial under oath to contest it or lose the right to deny the claim.

Full Text of Rule 185

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When any action or defense is founded upon an open account or other claim for goods, wares and merchandise, including any claim for a liquidated money demand based upon written contract or founded on business dealings between the parties, or is for personal service rendered, or labor done or labor or materials furnished, on which a systematic record has been kept, and is supported by the affidavit of the party, his agent or attorney taken before some officer authorized to administer oaths, to the effect that such claim is, within the knowledge of affiant, just and true, that it is due, and that all just and lawful offsets, payments and credits have been allowed, the same shall be taken as prima facie evidence thereof, unless the party resisting such claim shall file a written denial, under oath. A party resisting such a sworn claim shall comply with the rules of pleading as are required in any other kind of suit, provided, however, that if he does not timely file a written denial, under oath, he shall not be permitted to deny the claim, or any item therein, as the case may be. No particularization or description of the nature of the component parts of the account or claim is necessary unless the trial court sustains special exceptions to the pleadings.

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Plain-English Summary

Rule 185 is a proof shortcut for routine debts — open accounts, liquidated demands on a written contract or business dealings, personal services, and labor or materials on which a systematic record was kept. When the claim comes with the right affidavit — swearing the claim is just, true, due, and net of all lawful offsets, payments, and credits — the account itself becomes prima facie evidence of what is owed.

The burden then shifts. A party resisting a sworn account must file a written denial under oath. Skip that verified denial and the party cannot deny the claim or any item in it. The claimant need not spell out the component parts of the account unless the court sustains special exceptions to the pleading.

Frequently Asked Questions

What is a suit on a sworn account in Texas?

It is a claim on a debt — like an open account or unpaid invoices on a written contract or business dealings — backed by an affidavit. Under Rule 185 the sworn account is prima facie evidence of the amount owed.

What happens if you do not file a sworn denial to a Rule 185 account?

You lose the ability to deny the claim or any item in it. A party resisting a sworn account must file a written denial under oath to put the debt in dispute.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 185), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: suit on accountsworn accountsuit on sworn accountopen accountTRCP 185