John Henry & Associates
Texas corpus · live
Tex. R. Civ. P. 93 · matters that must be verified

Some defenses vanish unless you swear to them.

A general denial answers almost everything in Texas. It does not answer capacity. If the plaintiff is not the entity that owns the claim, if you are not the entity that owes it, if there is a defect of parties — those must be raised by a verified pleading under Rule 93, sworn to, or they are waived.

This is the mechanism behind most successful defenses to assigned debt, HOA claims and suits by an affiliate of the company you actually dealt with. It is also the one most often missed, because the answer that was filed looked perfectly normal.

or answer one question
Rule 93 · verified, or waived

What was filed as your answer?

A general denial is not a verified denial. The difference is a notary and a paragraph, and it decides whether this defense exists.

Where these answers come from

We hold the published Texas case law in our own index and query it directly. No vendor sits between the question and the answer. That is the reason a discrete motion can carry a price on a web page instead of an hourly rate and a hope.

881,255
Texas decisions indexed
6 ms
Median query, this posture
841,641
Parallel citations mapped
26 Jun 2026
Index current through

Authority that may bear on your posture Attorney reviewed

Pulled from our index for this mechanism and read by a lawyer before it went on this page. A green check means the decision is on point for this posture. It is not a statement that the case has been shepardized, and it is not a representation about its current precedential standing.

Pledger v. Schoellkopf
762 S.W.2d 145 (Tex. 1988)
The rule stated plainly: a party who does not raise capacity by verified plea waives it, and cannot raise it later. This is the case that makes the whole mechanism bite.
cited by
146
Sixth RMA Partners, L.P. v. Sibley
111 S.W.3d 46 (Tex. 2003)
The distinction that decides which of these you actually have. Capacity is waivable by failing to verify; standing is jurisdictional and can be raised at any time, including for the first time on appeal. Getting this backwards is the most common error in this posture.
cited by
303
Texas Southern University v. State Street Bank & Trust Co.
212 S.W.3d 893 (Tex. App.—Houston [1st Dist.] 2006, pet. denied)
Applies the distinction at length, and shows how a defect that looks like capacity can in fact go to the plaintiff's right to bring the suit at all.
cited by
134
Butler v. Joseph's Wine Shop, Inc.
633 S.W.2d 926 (Tex. App.—Houston [14th Dist.] 1982, writ ref'd n.r.e.)
What a verified denial has to actually say. A sworn pleading that denies in general terms has been held not to raise the matter at all.
cited by
63

Counts are the number of later decisions in our index that cite the case. A high count means a case has been used, not that it is good law. Nothing on this page is a citator signal and we will not show one until it is produced by reading opinions rather than counting them.

Send us this one problem. Not your whole case.

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